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KMID : 1124020130290040135
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Korean Social Security Studies
2013 Volume.29 No. 4 p.135 ~ p.168
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Characteristics and the improvement orientations of the NPS’s subrogation system
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Shin Kyu-Soo
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Abstract
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According to the article 114(1) of the National Pension Act, when a disability pension or survivor pension is paid because grounds for payment of the disability pension or survivor pension have risen as a result of an act committed by a third person, the NPS shall subrogate the relevant beneficiary to the third person to the extent of paid benefit. The problem is that the NPS has difficulties in practicing this subrogation right because of the lack of the detailed sub-regulations. This study is to clarify the characteristics and the problems of this NPS`s subrogation system such as the establishment time, the extent of the rights and the competition between the social institutions. and suggests some orientations of its improvement. The improvement of the NPS`s subrogation system should be reflected the characteristics of the subrogation as a liability allotting laws and NPS as social welfare institutions. Therefore subrogation is limited to the right of the beneficiary. And the system is to protect the right of the beneficiaries. and the relations among the social institutions in the process of subrogation should be regulated in social legal system for the sake of efficiency, systematization of social laws and equity.
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KEYWORD
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National Pension, Subrogation, social welfare policy improvement
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