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A Study on the Protection Plan to Retirement Pension Entitlement
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근로자 퇴직연금수급권의 보호 방안에 관한 연구

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Type
Academic journal
Author
Journal
Korean Insurance Academic Society 보험학회지 보험학회지 제120호 KCI Accredited Journals
Published
2019.1
Pages
1 - 47 (47page)

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A Study on the Protection Plan to Retirement Pension Entitlement
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Abstract· Keywords

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The current Employee Retirement Benefit Security Act provide preemptive and ex post facto regulations for the stable operation of retirement pension programs, but it lacks in devices to protect workers’ rights to receive retirement pensions. Because supervision on retirement pension providers not only include financial elements such as the conditions for entering the pension market for retirement pension providers, appropriate execution of savings management work, question on accumulating minimum savings, etc., but is also directly connected to specialized financial techniques, work should be handled by installing a consultative organization joined together by the Minister of Employment and Labor and the Financial Services Commission. Furthermore, it is necessary to expand delegation of financial operations related to the management of savings to the Financial Services Commission. Furthermore, in the case of defined benefits retirement pensions, it is necessary to install and operate a ‘savings operation committee’ that includes representatives of the laborer. In the event that a retirement pension provider violates the duty to provide information on the operation of savings, there should be regulations that not only levy penalties, but also recognize the liability to compensate for damages. It is also necessary to strengthen the responsibility of the trustee of the retirement pension provider. In other words, to thoroughly protect the collection rights of laborers, it is necessary to not only recognize fiduciary duty for retirement pension providers, etc., but also fiduciary and good faith duties that are principles according to the Trust Act, as well as the rules for careful investments including the duty for diversified investments. It is necessary to provide regulations that prohibit seizure of retirement pensions according to the Employee Retirement Benefit Security Act and it should also protect some part of the amount exceeding 50 million KRW for retirement pensions according to the Depositor Protection Act. Lastly, retirement pension providers should be obligated to subscribe to consignee compensation liability insurance or surety insurance.

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