혼인해소에 따른 국민연금 유족연금과 분할연금 수급권 소멸의 형평성 연구

The National Pension Service considers marital relationships in participation and benefits. In the case of participation, if one of the couples is an insured person and the other spouse has no income, it is excluded from the mandatory participation. In the case of benefits, when one spouse dies, the survivor pension is paid to the surviving spouse, and when divorced, the old age pension is divided into installments and paid. Both the death and divorce of a married couple's single spouse are the reasons for dissolution of marriage. Although the survivor pension and the right to receive the divided pension are based on the period of participation in the national pension and the marital relationship, the treatment of the national pension for the spouse is very different depending on whether the reason for dissolution of the marriage is death or divorce. In the case of survivor pension, if the beneficiary himself/herself is unable to make a living due to disability, incomeless, etc., or supports a child under the age of 25, or with a disability, the survivor pension is paid. In the current survivor pension, its function is emphasized as the right to receive social security. In the case of a divided pension, the division ratio can be agreed or the right to receive benefits can be abandoned, and even if the right to receive the old-age pension subject to division expires, The divided pension will continue to be paid. Even if two or more divided pensions are incurred due to two or more remarriage, they are paid in total. Even if you have the right to receive an old-age pension, you will be paid by summing up the divided pension. In this way, the divided pension is characterized primarily as a property right. Due to this difference, if a survivor pension beneficiary remarries, the right to receive the survivor pension expires, while the right to receive the divided pension does not lapse even if the beneficiary of the divided pension remarries. The right to receive survivor pension and divided pension is based on the same roots as the period of participation in the national pension and the marriage relationship. The National Pension is a social security system under which insured individuals are required to pay pension contributions during periods of income, and are entitled to receive pension benefits upon the occurrence of contingencies such as income loss or reduction. Considering the purpose of the national pension system, if the beneficiary remarries, there is no basis or reason for different treatment in the extinguishment of the right to receive survivor pension and divided pension depending on whether the reason for dissolution of the marriage is death or divorce. Since both the survivor pension and the divided pension are social insurance systems based on the period of national pension participation (contribution) and marriage relationship, pension benefits should be recognized within the scope of their contribution. Upon remarriage, beneficiary of survivor pension forms a new family relationship, severing the previous dependency. Accordingly, the social security function of the National Pension ceases, and the entitlement to the survivor pension is extinguished. Likewise, when a Beneficiary of the divided pension remarries, the resulting new familial relationship justifies the termination of the divided pension entitlement in line with the social security purpose of the scheme.