人民社會保險給付請求權時效之探討

An Study on the Timeliness of People’s Claiming Right for the Payment of Social Insurance

社會保險給付請求權，依照大法官解釋，是人民依社會保險相關法律所生之公法上權利，具有財產上的價值，受憲法15條財產權之保障。人民行使公法上請求權時效，依據現行行政程序法131條第1項規定，已於102年5月24日修正生效，由原來的5年改為10年，之後，公保、公退、勞退、農退均配合修正為10年，惟勞保、國保、農保仍維持5年的請求權時效。本文認為，曾二度出現修正的曙光，國保部分，於釋字766號解釋之後的修法；農保部分，則是110年12月7日農民健康保險條例23條之修訂，將原有2年時效修正為5年。本文試圖從憲法保障人民社會保險權利的角度，對於社會保險給付請求權之適用與界線進行判斷，歸納結論，最後並建議，修正我國勞保、農保及國保之請求權時效為10年，以符合現行行政程序法保障人民行使公法上請求權時效之公平性，確保勞工、農民及國民年金之被保險人之權益。

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..