유언에 의한 보험수익자 지정·변경의 법률관계

As the so-called ‘transfer of wealth’ becomes increasingly active, social interest in inheritance is growing. In addition to traditional inheritance methods, inheritance through life insurance is gaining attention, raising the issue of whether beneficiaries can be designated or changed by will. Therefore, this paper examines the legal issues related to this matter. A will is a legal act that is established by the unilateral declaration of the testator’s intention according to the principle of testamentary freedom. However, due to its strict formality, a will can only be made for statutory matters. The right to claim insurance proceeds, which arises from the designation or change of an insurance beneficiary, is not an inheritance asset but an independent property resulting from the insurance contract. Thus, if interpreted strictly, it may not fall under statutory testamentary matters. Current law does not provide any regulations regarding the designation or change of insurance beneficiaries by will, leading to various issues. In insurance practice, designating or changing an insurance beneficiary by will is not recognized, but theoretically, it seems possible. This is because the prevailing theory and case law regard the designation or change of an insurance beneficiary as a unilateral act without a counterparty. This is also recognized in Japan and France. Legislative supplementation is also necessary. The issue of the absence of provisions regarding the designation or change of insurance beneficiaries by will in the current Commercial Act should be addressed through legislation. Meanwhile, it is also necessary to protect bona fide insurers, and thus the application of Article 734(1) of the Commercial Act by analogy is required. Those who have the authority to notify the insurer should be regarded as the heirs of the policyholder and the executor of the will.