Husband Cleared of Charges in "Mansak Wife Murder Case," Will He Receive 9.5 Billion Won Insurance Payout?

Samsung Life Insurance 3.1 Billion KRW, Mirae Asset 2.9 Billion KRW, etc.

The scene of the 2015 'Cambodia Pregnant Wife Murder Case' being inspected. [Image source=Yonhap News]

[Asia Economy Reporter Kim Bong-ju] A husband who was charged with killing his pregnant wife to claim a large insurance payout was acquitted, and a lawsuit demanding payment of a total of 9.5 billion KRW in insurance proceeds has resumed after about five years.

According to the insurance industry on the 19th, the insurance payment claim lawsuit filed by husband A (51), who was acquitted last month of charges including wife murder and insurance fraud, resumed last month.

◆ Fatal accident involving pregnant wife seven years ago... Civil case resumed after acquittal last month

A was indicted on charges of causing the death of his pregnant wife (then 24 years old) by crashing into a parked truck on the shoulder while driving a van near the Cheonan Interchange on the Gyeongbu Expressway in August 2014.

It was revealed that A would receive a large insurance payout amounting to 9.5 billion KRW upon his wife's death, leading to charges of insurance fraud.

A's side testified that the accident occurred due to drowsy driving while being extremely fatigued after not sleeping for more than 21 hours due to work.

The first trial acquitted him, stating that the crime could not be proven with indirect evidence alone, but the appellate court sentenced him to life imprisonment, citing the fact that A had taken out multiple insurance policies before the incident.

However, in July 2017, the Supreme Court overturned the conviction, stating that the motive was unclear, and remanded the case with a verdict of not guilty. The retrial recognized only the charge of causing death by negligence under the Special Act on Traffic Accident Handling and sentenced him to two years in prison. Subsequently, in the final appeal, the charges of murder and fraud were acquitted.

After the first trial acquittal, in August 2016, A filed a lawsuit against three insurance companies demanding payment of about 9.5 billion KRW in insurance proceeds, but the lawsuit was suspended as the criminal trial was ongoing at the time.

However, after the Supreme Court confirmed A's acquittal on murder and insurance fraud charges last month, the civil lawsuit is now proceeding.

A is currently undergoing trial procedures for insurance payment claims filed against Samsung Life Insurance and Mirae Asset Life Insurance.

The insurance amounts contracted with Samsung Life and Mirae Asset Life are 3.1 billion KRW and 2.9 billion KRW respectively. If A wins, he will receive the principal amount plus seven years of delayed interest.

The trial date for the lawsuit between A and Kyobo Life Insurance has also been set. Hanwha Life Insurance has selected a law firm and is preparing for litigation with A.

◆ The key to insurance payment: "Was there an improper intent in subscribing?"

The key issue in insurance payment is whether there was an improper intent in subscribing to the insurance.

Although A was acquitted of insurance fraud, if the court determines that there was an improper intent in subscribing to the insurance, the contract can be invalidated.

There have been court precedents where a defendant who was acquitted in a criminal trial for allegedly assisting a friend's suicide for insurance money was denied recognition of an insurance contract that was subscribed to shortly before death.

In March last year, the Supreme Court presented circumstances to determine "improper purpose in subscribing to insurance," including ▲ excessive insurance contracts ▲ concentrated contracts in a short period ▲ receipt of large insurance payouts ▲ violation of notification obligations regarding existing contracts and insurance payouts ▲ number and duration of hospital admissions and discharges.