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Presentation of opinions regarding the bill draft on Amendment to the `National Pension Act' [2003] KRNHRC 51 (3 November 2003)

The Ministry of Health and Welfare drew up a bill draft on the Amendment
to the National Pension Act (hereinafter referred to as Bill Draft on
Amendment) in order to secure long term financial stability for an aging society,
to increase the scope of funding, and to fully cope with the rapidly changing
financial market environment. On August 7, 2003, the Ministry made a request
to the Commission to present an opinion.

The Commission found that some provisions of the Bill Draft on Amendment
`excessively violate the basic rights of social minorities.' The Commission
presented its opinion, requesting that inmates of prisons, protective restriction
facilities, or rehabilitation facilities under the `Social Protection Act,' and the
missing are classified as regional subscribers exempted from pension payments
as stipulated in the existing law, and that the scope of inmates of prisons be
expanded to cover inmates of prisons, etc., under Article 2 of the Criminal
Administration Act.

The Ministry of Health and Welfare accepted the opinion submitted by the
Commission on November 3, 2003. Inmates of prisons and restriction facilities
will continue to be exempted from pension payments as prescribed under the
current law. As for the missing, those who have been missing for longer than
one year shall be subject to bounden exemption from payment, and those who
have been missing less than one year shall be subject to exemption from
payment. The Ministry notified the Commission that the provision of the Bill
Draft to Amendment that read `inmates in a prison' was corrected to `inmates
in a prison, etc.' pursuant to Article 2 of the Criminal Administration Act and
was submitted to the National Assembly on October 31, 2003.