The Critical of the Concept of Justice in the Law on Old-Age Welfare: Pensions in the Social Security Fund and the Government Pension Fund

Abstract

This Research had the objectives, to study the concepts related to the provision of old age welfare behind the provisions of the Government Pension Fund and the Social Security Fund In the case of old age compensation benefits, and to analyze the provisions of the law relating to the provision of old-age pension benefits of the Government Pension Fund and the provisions of the law relating to old-age compensation benefits of the Social Security Fund. that there is a concept or theory of Social Justice and how it should be improved. By Documentary research method which are the Provisions of law from B.E. 2494 to 2558.

The studies found that there are the Concepts of old-age pension welfare under the provisions of the Government Pension Fund and the Social Security Fund laws. They are behind the provisions concerning the Rights, duties and methods for calculating old age pension in the Government Pension Act B.E. 2494, the Government Pension Fund Act B.E. 2539 and the Social Security Act B.E. 2533 Including its amendments all of these three editions as well are different. The Concept of Social Justice, In the Government Pension Act, B.E. 2494 and the Government Pension Fund Act, B.E. 2539 was influenced from the Treatise of Pradhamrmasastra. They are the Emphasis on the patronage system (Spoil System), Paying back sacrifices to good people for the work of the state. While the Concept of Social Justice, In the Social Security Act B.E. 2533 is a modern legal concept influenced From Western Philosophy of Law. They are emphasis on Merit System. Everyone is equal in society, principles of average suffering and happiness. This caused the condition of the old age pension welfare problem. With different Social Justice, When, we are the analyzing in depth those provisions both in terms of equal judging criteria and criteria for suitability in various areas such as ability, merit or necessity. We found that the reason for Social Justice both the rights, duties and the amount of the old age pension are underweight. The Way of Solution to Social Justice in old age pension. They should be the concept of Justice based on necessity to the true essence of a good life added to the Law.