보험금청구권 활용 제도와 그 법적 쟁점에 관한 연구

The primary purpose of this paper is to introduce various systems introduced to utilize insurance claims and examine related legal issues, given the growing interest in retirement funds due to the aging population. Traditionally, insurance products served as a means of posthumous asset succession. However, with the rapid aging of the population, their role as a means of pre-life asset management is also being emphasized. This functional shift in insurance products signifies a legal shift from protection-based products to investment-based products. Consequently, this shift is expected to bring about significant changes in consumer protection systems, the scope of insurance companies' business, and the role of the insurance industry within the financial industry. This paper aims to briefly examine existing systems related to the utilization of insurance claims, focusing on the recently introduced and implemented insurance trust system and the legal issues surrounding the life settlement system, which was previously discussed for possible legislation. First, the insurance trust system, as a combination of insurance and trust, is expected to meet the needs of financial consumers by enabling diverse and flexible asset management both before and after death. However, its effectiveness has been criticized due to its limited coverage of insurance types and limited scope of beneficiaries. Therefore, we summarize proposals for deregulation and legal reform to revitalize the system and examine desirable institutional directions. Furthermore, given the sharp debate surrounding the introduction of the life settlement system during the legislative process, we present the rationale for each and provide reference for future re-discussions. Granting marketable securities to life insurance securities is a matter of both legal theory and legislative policy. Furthermore, given the potential trading of human life, it poses an ethical issue in our society. However, despite these ethical concerns, this system has already been adopted in major advanced countries, and given the serious aging of our society, there is ample reason and justification for revisiting the possibility of introducing a life settlement system. Meanwhile, the issue of insurance claim utilization is narrowly focused on insurance law, which concerns the interpretation of insurance products. However, it also impacts the overall financial market, including the competitiveness of the insurance industry and its connectivity with capital markets. Furthermore, considering its significance as a means of overcoming the aging population, it is expected to be an area requiring significant attention and research as the system becomes more established.