【英文摘要】
On the basis of the Justices of the Constitutional Court, the right of claim for payment of social insurance are those who have rights in public law in accordance with related laws of social insurance as well as the value of property ensured by the right of property of Article 15 of the Constitution. Furthermore, based on the present Article 131 of Administrative Procedure Act, the statute of limitation of the right of claim that people can wield has been revised taking effect on May 24, 2003.
The statute of limitation of the public employee insurances, the public service fund, the labor pension, as well as the farm pension were all revised from 5 to 10 years. However, the statute of limitation of the labor insurance and the farm insurance for claiming on are still remain 5-year. This study considered since that the No. 766 Interpretation of Constitution had triggered the revising of the statute of limitation of the national pension, and that the farm insurance had been amended from 2 to 5-year according to the Article 23 of Farmer Health Insurance Ace on December 7, 2021.
The purpose of this study was to argue that since people have the guaranteed rights of social insurance in terms of the Constitution, the applicability and boundary line should be taken into account for the right of claim for payment of social insurance. Based on the conclusion, this study recommended that the present statute of limitation of the labor insurance, the farm insurance, and the national insurance preferably will be also revised to 10 years in term of period for presenting claim.in order to meet the present Administrative Act in assurance of the equality of the rights of claim for payment from every kind of social insurance.
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