장래의 퇴직급여채권과 재산분할 - 대법원 2014.7.16. 선고 2013므2250 전원합의체 판결을 중심으로 - (A Future Retirement Benefits and a Division of Property —Supreme Court Decision 2013meu2250 Delivered on July 16, 2014—)

서지정보

· 발행기관 : 한국가족법학회
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· 저자명 : 배인구

초록

Until very recently, A future retirement benefits cannot be included in the list of property division in divorce practice. The Korean Supreme Court has judged that retirement benefits planned to be received after one of the divorcees retires cannot be the object of property division merely due to the chance of receiving it, and has only considered this retirement benefits as a factor in choosing the amount and the means of division. But it is unfair, because the retirement benefits is built up by the cooperation with his/her spouse.
However, in this case the Supreme Court was to change the precedent. Through ‘judgement2013Meu2250 of en banc’ announced on July 16, 2014, the Supreme Court accepted demand for change of an object of property division in retirement benefits that has been constantly brought up meanwhile. This allowed married couple to distribute and share their property relationship depending on the substance and liquidate it fairly, when they get a divorce. In addition, the Supreme Court declared a future retirement benefits can be subject to property division for an equal security for the aged after divorce and also suggested prospective direction for division of retirement pension.
Since Public officials pension act has revised recently, not only national pension but division method of other pensions is legislated. However, in a situation where many possibilities that division of pension can be ordered at the trial, the significance of judgement is great.

영어초록

Until very recently, A future retirement benefits cannot be included in the list of property division in divorce practice. The Korean Supreme Court has judged that retirement benefits planned to be received after one of the divorcees retires cannot be the object of property division merely due to the chance of receiving it, and has only considered this retirement benefits as a factor in choosing the amount and the means of division. But it is unfair, because the retirement benefits is built up by the cooperation with his/her spouse.
However, in this case the Supreme Court was to change the precedent. Through ‘judgement2013Meu2250 of en banc’ announced on July 16, 2014, the Supreme Court accepted demand for change of an object of property division in retirement benefits that has been constantly brought up meanwhile. This allowed married couple to distribute and share their property relationship depending on the substance and liquidate it fairly, when they get a divorce. In addition, the Supreme Court declared a future retirement benefits can be subject to property division for an equal security for the aged after divorce and also suggested prospective direction for division of retirement pension.
Since Public officials pension act has revised recently, not only national pension but division method of other pensions is legislated. However, in a situation where many possibilities that division of pension can be ordered at the trial, the significance of judgement is great.

참고자료

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