기타 : 보험수익자(保險受益者)의 지정(指定),변경(變更) = Beneficiary Designation and Changes in Life Insurance

다국어 초록 (Multilingual Abstract)

The Beneficiary of life insurance is the person the policyowner designates to receive the benefits payable when the insured dies. The right to designate the beneficiary is the most important right the policyowner has. The right to change the beneficiary is also an important right of the policyowner. A clear, current beneficiary designation is extremely important to the policyowner, the beneficiary, and the insurer. It is important to the policyowner, because she purchased the insurance primarily to benefit a certain person or persons. Most modern life insurance contracts of USA define the rights of a policyowner to change the beneficiary in a policy provision such as your change-of-the beneficiary request will not be effective until recorded by us at our Home Office. The Article 733(Right to designate or change beneficiary) of the Korean Commercial Code(KCC) provides as the following: Article 733(Right to designate or change beneficiary) (1) The policyholder is entitled to designate or change the beneficiary (2) If the policyholder has died without exercising the right of designation mentioned in paragraph (1), the insured shall be the beneficiary, and in case where the policyholder has died without exercising the right of change mentioned in paragraph (1), the right of the beneficiary shall be settled: Provided, that this shall not apply where there is an agreement by which the policyholder`s successor may exercise the right mentioned in paragraph (1) in the case of the policyholder`s death. (3) If the beneficiary has died during the cover period, the policyholder may re-designate any other beneficiary. In such a case, if the policyholder has died without exercising the right designation, the inheritor of the beneficiary shall be a beneficiary (4) If the insured event occurs before the policyholder`s exercises the right of designation as referred to in paragraphs (2) and (3), the inheritor or beneficiary shall be a beneficiary. Article 30 of the Korean Civil Code provides as the following: Article 30(Simultaneous Death). In case two or more persons died of the same peril, it is presumed that they died at the same time. This Article deals with diverse and ambiguous problems concerning with the Article 733 of the KCC. We will review such problems as non-designation of beneficiary, designated beneficiary as a inheritor, the death of inheritor of the beneficiary, change of the beneficiary, simultaneous death and the beneficiary, and other diverse relevant problems.