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KCI 등재
생명보험전매제도의 체계적 연구와 입법론적 수용가능성
Study on Viatical Settlements and the Possibility of Legislation
장덕조 ( Deok Jo Jang )
금융법연구 11권 3호 123-146(24pages)
DOI 10.15692/KJFL.11.3.4
UCI I410-ECN-0102-2015-300-002293569

Viatical Settlement is part of newly introduced investment businessmodel that has started in US, it can be viewed as secondary market for Viaticalinsurance policies. This article examines the concept and features of "ViaticalSettlement" which derives from Anglo-American legal principles which allowtransfer of life insurance policies. The thesis reviews the institution``s feasibilityin Korea by taking Korea``s legal and social environment into its consideration. The thesis concludes that Viatical Settlement institution is not feasible, and itintroduces an alternative model. As far as the introduction of Viatical Settlementinto Korea is concerned, most have argued against it, but some have viewed itpositively. For instance, in 2009, a motion to introduce Viatical Settlementinstitution was tabled by members of the National Assembly and it even wentinto the deliberation process, though later on, was abrogated. The Korean Commercial Act does not provide for assignment, which isa form of comprehensive transfer of rights and obligations, but Article 731 Clause2 does provide for the limited assignment by the insurance beneficiary. Koreanlegal system requires consent of the insured in life insurance and it deniesinsurable interest in life insurance policies absolutely. Therefore, it can be said that Viatical Settlement institution is not fully accepted in Korea, due to its legalsystem.

Ⅰ. 연구의 배경 및 필요성
Ⅱ. 정의 및 법적 성질
Ⅲ. 생명보험전매제도의 현행 법체계와의 정합성 분석
Ⅳ. 법제도적 평가와 입법론
Ⅴ. 결 론
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