생명보험전매제도의 체계적 연구와 입법론적 수용가능성

초록

Viatical Settlement is part of newly introduced investment business model that has started　in US, it can be viewed as secondary market for Viatical insurance policies. This article examines the concept and features of "Viatical Settlement" which derives from Anglo-American legal principles which allow transfer of life insurance policies. The thesis reviews the institution's feasibility in Korea by taking Korea's legal and social environment into its consideration. The thesis concludes that Viatical Settlement institution is not feasible, and it introduces an alternative model. As far as the introduction of Viatical Settlement into Korea is concerned, most have argued against it, but some have viewed it positively. For instance, in 2009, a motion to introduce Viatical Settlement institution was tabled by members of the National Assembly and it even went into the deliberation process, though later on, was abrogated. The Korean Commercial Act does not provide for assignment, which is a form of comprehensive transfer of rights and obligations, but Article 731 Clause 2 does provide for the limited assignment by the insurance beneficiary. Korean legal system requires consent of the insured in life insurance and it denies insurable interest in life insurance policies absolutely. Therefore, it can be said that Viatical Settlement institution is not fully accepted in Korea, due to its legal system.

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