고령사회 연금의 헌법적 문제 - 재정안정성을 중심으로 -

Due to the rapid aging, the reorganization of the pension system will be carried out in the so-called “pay more and receive less” direction by reducing the amount and target of various benefits and increasing the insurance premiums of subscribers. The revision of various pension laws has also been made in this direction, and in the process of the revision, pensioners who inevitably receive disadvantages, such as subscribers and benefit recipients, have made various claims of unconstitutionality, such as infringement of basic rights. The main issues in the judgment of the Constitutional Court related to revisions of pension laws were such as, infringement of property rights, violation of the principle of trust protection, and right to equality. The Constitutional Court has consistently taken a fairly relaxed review of individual issues and accordingly, it was declared constitutional in most cases related to pension reform. So far, the revision of the pension law has been made through a gradual system improvement method by establishing detailed customization regulations. But, if the fund is exhausted, the conflict between generations over the cost burden will be a problem when the law is revised. Therefore, the debate on constitutional issues on the revised law will also be fierce.