기초연금법의 헌법적 쟁점 ― 헌재 2016.2.25., 2015헌바191, 2018.8.30., 2017헌바197등 결정을 중심으로 ―

This article aims to critically analyse and evaluate the decisions on the basic pension for the elderly act(BPEA), further to review the system as well as concept of it. It was enacted to compensate the reducement of the benefits of the National Pension, and so to secure the income for the elderly. Problem was that the general purpose of the income security for the elderly and the special purpose of the overcome of the elderly poverty were mixed in it. In fact the last one was institutionally dominant. The constitutional decisions were not directly relevant to this issue. However, the total income and income-equivalent property, that together constitute the assessed income are the core elements of this act. For they are decisive for the eligibility to the basic pension. In this sense they are the core elements of the legislation to make functionally cooperate this act with the minimum standard of living act, and finally to protect the elderly against the poverty. This perspective was neglected in the legislation, because it was enacted not in the parliamentary act, but on the administrative regulations. The BPEA excluded the recipients of the public officials pension from the eligibility of the basic pension for the elderly. This conflicts obviously with the concept of this act to secure the minimum income for the elderly in general and also with the purpose of the overcome of the elderly poverty by the possible cooperation between this act and the minimum standard of living act. The review of the constitutional decisions could motivate to contemplate on this lack of system and so to contribute to avoid the unnecessary controverse in the formation of this act.