장래의 퇴직급여가 이혼시 재산분할의 대상이 되는지 여부

• 영문명: Whether Division of Property that is subject of Future Retirement Benefits is Possible in the Divorce Procedure -Supreme Court Decision 2013Meu2250 Delivered on July 16, 2014-
• 발행기관: 한국가족법학회
• 저자명: 박보영(Park Bo Young)
• 간행물 정보: 『가족법연구』家族法硏究 第28卷 3號, 417~434쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.11.30

영문 초록

The court holds that the property which the husband and wife accumulate together is the object to distribute in the divorce procedure. However the court is the opinion that the retirement benefits is not the object to distribute as the marital property, before it is concreted. But the majority opinion of Supreme Court Decision concluded that division of property is possible even in case the future retirement benefit is not yet concreted. In this study, I supported the majority opinion as following. First, property division system is accepted to settle all property relationships created during the married life at the dissolution of marriage. Also it is unfair, because the retirement benefits is the property which the husband and wife accumulate together during the marriage, even though it is concreted in the future. Besides, the marital property which is concreted not only in divorce procedure already, but also in the future should be acknowledged as the object to distribute. In the Future it is notable in what manner the court will devide the future retirement benefits at the dissolution of marriage and the writer tries to suggest the legislative bill about how to distribute the future retirement benefits.

목차

Ⅰ. 재산분할제도의 개관

Ⅱ. 재산분할의 대상

Ⅲ. 연구

Ⅳ. 결론

Abstract

키워드

재산분할, 퇴직금, 퇴직연금, 현물분할, 대상분할 Division of Property, A Retirement Benefits, A Retirement Pension, Division in kind, Division by Price Compensation