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A Study on constitutional challenge of Article 7. to The Military pension Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 57(), pp.363-376
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee Young Woo 1

1목원대학교

Accredited

ABSTRACT

The legislative purpose of the military pension is to promote stable life of retired military person who served for a long time. The pension of veteran must not be foreclosed in order to protect pensioners. The opinion which argues that not to protect creditors is not restriction on the basic right of the people has validity. Since soldiers completed their special service as public servants, public service must be acknowledged. Thus, the military pension is different from ordinary pensions. The prohibition of the property distraint is to secure human-like lives of all people as the constitution specifies. But it may be flawed because all people have equality before the law. But it may be flawed because all the people are equal before the law. I think that it is desirable to prohibit the property distraint as the dimension of social welfare if the court confirms that there is no property after the court ordered the defendant to specify property.

Citation status

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