이혼 시 퇴직 급여 분할의 문제점과 개선 방안에 관한 연구

Study on Division Problem of Retirement Benefit at the time of Divorce and Consideration for the Improvement

Even though almost 20 years have passed since the division of property was adopted, there is still on-going much debate whether the pension should be the object of claim for division of property. The Korean Supreme Court does not admit that pension should be the object of division of property because the pension is not yet materialized when the claimant and the claimed divorce. It prescribes a property distribution right of claim with a compensation for damages right of claim rule as result of the property by the divorce. It prescribes the couple property division so that spouse one requests the division for the middle cooperation property which is a marriage for other partner spouses at time of the divorce. About the mere division prescribe it so that a family court sets a method of a division amount of money by the request of the person concerned when is not discussed (2 of civil law Article 839). The existing civil law takes the Separate Property System as Marriage Property System (civil law Article 830). Thus the property which is acquired with own name is advantageous. But to the full-time homemaker which has not own name is disadvantageous. In addition, when a partner spouse does not have property, I am indispensable and come to face difficulty of the economy whether a consolation money right of claim is accepted at the time of divorce. The property distribution right of claim means that is accept a legal right for contribution by the housework s devotion at divorce time. The property distribution right of claim is an important system to protect substantial equality in freedom and the property distribution of the divorce. Though I grasp the actual situation of the division of the settlement that appeared through a precedent and the division of the support in the article of the book mainly and show improvement plan for problems, there is a purpose. Also, this article is written to suggest an idea about the way to divide a future retirement and its details, such as the legal position of concerned parties, e.g. an employer or a pension provider, the standards of realization of a future retirement allowance, and the possibility of a deferred distribution method etc.