노인빈곤과 노인의 인간다운 생활을 할 권리

Many elderly citizens of Korea live in poverty. Almost half the elderly in Koreawhich arrive at ‘unprepared’ senescence live in poverty. Poverty increases suffering of advancedage such as illness, loneliness etc. Poverty falls into several categories, for example, objectivepoverty, subjective poverty, absolute poverty, relative poverty, political poverty etc. TheConstitution of Korea expressing the poor(needy people) on “Citizens who are incapable of earninga livelihood”(Para 5 of Article 34), not only enjoins a duty on state that must protect the poor’slife, but also invests the poor with rights which demand for protect their’s life to the nation,through social fundamental rights. Namely, Constitution(Para 5 of Article 34) explicitly prescribes‘have a right’ that Citizens who are incapable of earning a livelihood shall be protected by the State. Like this, to distinguish whether he is “Citizens who are incapable of earning alivelihood”-presented on constitution Para 5 of Article 34-must serve various poverty concepts whichmentioned earlier. Finally, on the assumption objective poverty, constitution enjoins a duty on statewhich protect citizens from absolute poverty, also invests citizens with rights corresponding to it. Thesignificance is that if constitutional concept and criteria about poverty can be comprised in any way,it means that legislator who definitize concept and criteria of poverty by law is bound by constitution. Meanwhile, constitution Para 1 of Article 34 prescribes “all citizens shall be entitled to a life worthyof human beings.” This social fundamental right can be up and running for resolving poverty of theelderly, I examine concept and legal nature of one, and contents of National Basic Living SecurityAct’s the minimum cost of living, National Pension Act’s old age pension, Basic Senior Pension Act’sbasic old age pension as exteriorized-legislation for the welfare of the aged for realization thisfundamental right, and critically examine each legislation for the welfare of the aged for incomesecurity for elderly. Lastly, I critically examine in constitutional aspect about legislation for the welfareof the aged for income security for elderly.