이혼시 퇴직연금에 대한 재산분할비율

Abstract

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. So there was much debate whether the retirement pension should be the object of claim for division of property. It is obvious that the pension must be the object of division as following the dominant principle that the property which was enriched during the marriage should be divided. The importance of pension right is growing rapidly, and would be significant especially in the case that the pension is the only property. This Supreme Court's decision, the subject of this research, ruled that retirement pension should be the object of division of property. This case is noticeable because this decision is the first Supreme Court's decision which included the receiving the pension in the object of division of property. But there is still a controversial issue how to divide it. This Supreme Court's decision showed that a different ratio of marital property division can be estimated on the retirement pension. But such a conclusion seems against the previous decisions: the ratio of marital property division have to be estimated on a whole property considered as the object to distribute in the divorce decree. This paper intends to clarify the meaning of "duration of marriage" which this decision gives as a standard of the ratio of marital property division in this case, and concluded that "duration of marriage" should be a standard concerning how much part of pension can be included in the object of division of property.