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Legal and Institutional Review on the National Pension Service

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.631-647
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

seon eun ae 1

1송원대학교

Accredited

ABSTRACT

The entire world's entry into industrialized society has been concurrent with social risks that are difficult for individuals to deal with such as environmental pollution, industrial disasters or unemployment, and the government has to intervene in various personal or family problems and solve the problems due to the dissolution of the large family system. To resolve these problems, the government introduced the national pension service in an effort to solve the poverty problem of the elderly. In our country, the national pension service was introduced to make a contribution to the stabilization of people's livelihood and their welfare by guaranteeing the subscriber long-term income from his or her own contributions in case of the occurrence of social risks such as aging, diseases or death. In this system, there are two different kinds of benefits depending on the way of payment: pension benefits and lump-sum refund. As for pension benefits, there are old-age pension, disability pension and survivor pension. Regarding lump-sun refund, there are lump-sum refund and lump-sun death payment. Specifically, the revision of pension-income splitting is necessary because it's judged that this is against the constitution, though it was introduced in 1998 to guarantee the old-age livelihood of the subscriber's ex-spouse who has no income. Concerning the revision of Article 64 of the national pension act, the ex-spouse who was actually not in a marital relationship with the subscriber before divorce because of separation or running away from home and eventually made no contribution to the pensionable right shouldn't be allowed to file a claim for pension-income splitting during that period. As to survivor pension, the coverage of survivor pension should be expanded, and the pensionable right shouldn't be extinguished by remarriage. If the survivor earns a living due to remarriage, the survivor pension should be reduced or split with the contingent beneficiary. Regarding childbirth credit, the period of subscription should be estimated when the recipient has two or more children, and the period shouldn't be limited to 50 months. Instead, it seems advisable that the period should be 12 months per child. Finally, childcare pension should be introduced to make a contribution to the stabilization of people's livelihood and their welfare by expanding the pensionable right of women who stop to work or give up working to raise their children.

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