소득활동과 국민연금법상 연금수급권의 제한

초록

The principle of necessity refers to the principle that social security benefits should be provided according to the needs of subscribers. Pension insurance generally protects pensioners according to the needs measured as a whole without considering the needs of pensioners individually and specifically. According to the principle of necessity, the pension right of insurance subscribers engaged in income activities may be limited depending on the existence and degree of necessity of receiving a pension. Insurance subscribers who engage in a certain level of income activities before the commencement age of pension benefits do not have to receive early age pensions, so the provision for suspension of payment of early age pensions conforms to the principle of necessity. Even if the subscriber has acquired the right to receive the old-age pension at the beginning of the pension age, the necessity of receiving the pension must be guaranteed proportionally according to the amount of income from income activities, so the reduction of the old-age pension is also in line with the principle. Furthermore, both the suspension of the payment of early-age pensions and the reduction of old-age pensions due to income activities do not violate the principle of proportion, so it cannot be considered that it violates the property rights of pension subscribers. In an ultra-aged society, as the number of economically active people decreases, the need for the elderly to engage in economic activities for a longer period of time is increasing. Accordingly, in order to increase the incentive to work, it is argued that the old-age pension reduction system due to income activities should be abolished. However, whether the restriction of pension rights due to income activities is justified or not should be judged according to the principle of necessity to determine the pension benefits relations. The abolition of the old-age pension reduction system due to income activities should be reconsidered as not only having little effect on enhancing incentive to work, but also neglecting the principle of necessity.

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