헌법 제34조의 실현구조로서 기초연금법에 관한 헌법적 연구

Is Korea today a country for the elderly? The majority of the elderly receive non-extradition allowances that young people do not receive, and they receive a certain amount every month through the basic pension. Even this amount is raised annually or by term of office as a pledge of the presidential election. However, even though the basic pension is paid to the majority of the elderly and partially compensates for their retirement income, it is stigmatized as the country with the highest elderly poverty rate and elderly suicide rate among OECD countries, as well as the actual retirement age. This proves that life is difficult after the elderly were forced out of the labor market due to the retirement age system. In other words, it may be assumed that the current public retirement income guarantee system is not faithfully performing its functions. This is because if retirement income is sufficiently guaranteed, the elderly are more likely to enjoy their retirement without staying late in poor working environments. Article 34 of the current Constitution provides for the right to live a humane life, the state's obligation to improve the welfare of the elderly, and the protection of those who do not have the ability to live due to old age. Accordingly, the Welfare of the Aged Act and the Promotion of Mobility for the Disabled are being implemented to improve the welfare of the elderly. In addition, in order to protect the people's right to live a humane life, the state is implementing the national pension system to protect them from social risks, and to protect the disconnection of income due to ‘old age’. Since its introduction, the national pension, in the form of low-payment and high-payment, has undergone reforms to lower the income replacement rate twice in the face of an economic crisis, and at this time, the basic old-age pension, the birthplace of the basic pension, was introduced as a way to realize the purpose of protecting the low-income elderly at the same time along with a plan to supplement the lowered income replacement rate, and is currently leading to the basic pension. This article looks for the constitutional meaning of the retirement income guarantee system while grasping the normative structure of Article 34 of the Constitution, and examines the functions and constitutional limitations, focusing on the basic pension law, which is a concrete realization structure. Therefore, first, the following aims to point out the confusion caused by the ambiguous system and status of the Basic Pension Act, and to present the direction of improvement consistent with the Constitution. Second, as a requirement for defining the subject of the basic pension, the principle of the prohibition of comprehensive delegation and the fact that the income evaluation amount and the income conversion rate of the property are entrusted to administrative legislation without specific delegation are carried out. Finally, it is pointed out that the regulation to reduce the basic pension in connection with the national pension continues to bring about controversy over reverse discrimination to national pension subscribers. This will be useful in laying the foundation for the improvement of the basic pension law that is consistent with the Constitution.