보장성보험채권에 대한 압류금지와 강제해지성 여부

Insurance has become essential as a device necessary for preparing various cancers, diseases, or disaster risks. Among the insurances, coverage insurance such as medical insurance is directly related to right to life. As a result, even a debtor going through financial difficulty tries to maintain the coverage insurance by all means. However, the insurance holds risk of forced cancel against one’s will if the creditor tries to cancel the insurance forcibly by exerting subrogation right of a creditor, order of collection, or assignment order without consent from the debtor, or if the bankruptcy administrator cancels the insurance contract as a conversion or settlement of the debtor’s asset and put the refund to the bankruptcy foundation. Especially, the Supreme Court’s precedents made in 2009 allowed the right to cancel the insurance to the creditor who gained order of collection on the debtor’s refund for cancellation of insurance contract. As a result, since the creditor can cancel the insurance contract forcibly, debtors exposed to cancer, serious disease, or disaster risk could not receive proper treatment. In response, the enforcement ordinance on Civil Execution Act has been enacted in 2011 and the prohibition of seizure has been applied on the coverage insurance so that coverage insurance for life, injury, disease, and accident related to the insured person’s life and body can be protected with prohibition of seizure. However, the revised statue regulates prohibition of seizure on all or part of the insurance or refund given to the debtor instead of applying prohibition of seizure on the coverage insurance itself. Especially, as the refund for forced cancel was fit in to the frame of claim prohibited to be seized, the statue fails to regulate the forced cancel on coverage insurance and indirectly regulates by applying prohibition of seizure on the forced cancel refund itself. In response, some raise doubts on whether the statue only regulates the creditor from seizing the cancel refund while the creditor may forcibly cancel the coverage insurance itself. The forced cancel of coverage insurance and medical insurance is critical issue for debtor, creditor, and bankruptcy administrator, and people concerned in Civil Execution Act procedure, personal bankruptcy, and bankruptcy procedure. In response, this paper reviewed the purpose of Civil Execution Act and enforcement ordinance revised in 2011 which added coverage insurance bond as a claim prohibited to be seized and examined the details about scope for prohibition of seizure. Then, this study examined the Supreme Court’s Precedents whether the creditor can exercise forced cancel on the coverage insurance and clarified the scope for prohibition of seizure on coverage insurance bond. This study seeks to prevent confusion on related people, solve related affairs, and help in proceeding the trial process and bankruptcy.