대위권 행사 시 일시금 환산제도 도입방안 연구

요 약 ······································································································9

Ⅰ. 서 론 ·······························································································25

Ⅱ. 일시금 환산제도 도입의 필요성 및 평가 ········································35
1. 대위권의 이해 ············································································35
2. 법 제114조의 대위권행사의 특수한 경우 ···································52
3. 법 제114조에 의한 구상권 ····················································54
4. 법 제114조에 의한 손해배상청구권 ············································62
5. 법 제114조에 따른 손해배상청구권의 문제점 ····························65
6. 국민연금법 제114조 규정의 해석과 운영의 문제 ·······················77
7. 일시금 환산제도 도입의 필요성 ················································82
8. 연금과 일시금 형태 지급에 따른 주체별 장단점 평가 ·············86

Ⅲ. 국내 제도의 규정과 운영사례 분석 및 시사점 ·······························95
1. 국내 유사제도 운영 현황 ····························································95
2. 산업재해보상보험 ········································································96
3. 공무원연금 ·················································································115
4. 사립학교 교직원 연금 ·······························································139
5. 군인연금 ····················································································141
6. 국민연금 ····················································································146
7. 4대 공적연금과 산재보험의 급여종류 및 구상권 대상 급여 비교 162

Ⅳ. 일시금 환산제도 도입 및 운영방안 ··············································165
1. 일시금 환산제도 도입의 법리적 근거 : 기대권 ························165
2. 일시금 환산 방식 및 적정 기준 제안 ·····································168

Ⅴ. 결론 ·······························································································179

참고문헌 ·······························································································185