보험금청구권신탁의 도입 방안에 관한 연구

Recently, the financial authorities have announced plans to improve the trust system in order to advance the capital markets. The policy goal of the supervisory authorities appears to be to strengthen the autonomy of trust operations, including further expanding the scope of existing trustable assets in the future. At this point, a detailed discussion is needed on whether trusts of insurance claim rights can be established by strengthening the autonomy of trust management. The legal framework for the establishment of a trust is characterized by the fact that the trustor, based on a relationship of trust, makes the trustee perform the acts of managing and disposing of the trust property, and that the beneficiary is periodically provided with the income from the management of the trust property in the future. The trust relationship can also be used as a means for managing insurance claims by combining it with an insurance contract relationship, which is a means of property formation as a means of property management. As seen before, if the policyholder and the insured are the same, a model can be implemented in which the policyholder becomes the trustee and the insurance claim rights are transferred to the trustee in the form of designating or changing the trustee to the insurance beneficiary. Despite the government interpretation of whether insurance claim rights are held in trust or not, the Financial Services Commission has recently moved to permit trusts of insurance claim rights. Therefore, it is necessary to develop related policies and legislation in preparation for the case where insurance claims trusts are permitted. For this purpose, some suggestions are proposed through a comprehensive comparison and examination of the legal system, types of trust agreements, and business forms of insurance claims trusts in Japan, where insurance claims trust is active. This paper focuses on the necessity of introducing claims trusts as a means to manage insurance claims, examines the policies and legal issues that need to be developed for their introduction, and makes specific recommendations for improvement, including the limited introduction of trust products for claims management, the introduction of a model where policyholders and insured parties are the same, considerations for the city, and the strengthening of compliance obligations.