Ⅰ. Background and Purposes of Study

National Pension Fund has grown up to be 580 trillion and 348 billion and 800 million dollars and to be the third largest pension fund in the world as of December 2015. National Pension Fund of which number of subscriber exceeds 21.56 million persons being almost half of population of South Korea to let most of Korean people including family members rely upon lives in aged days excluding public servants, soldiers and private school teachers. National Pension Fund, National Health Insurance, Employment Insurance, Workmen's Accident Compensation Insurance and other social insurance protected people from injury, disease, old age, unemployment, death and other threats to require enormous amount of fund and/or finance and not to pay attention to illegal use of social insurance fund. The purposes of the study were: Criminal policy counteractions could prevent illegal use of social insurance funds including four of social insurance funds to let future generation take over financial base of social security fund and to increase people's reliability upon operation of the fund. The study is based on criminal law and exploratory research not to give specific political alternative: Instead, the study kept counteraction principles in order and had material of subsequent studies and criminal policy to give conditions of reformation of social security fund.

Ⅱ. Main Contents

1) At first, the study examined operation principles of social security system and fund, and investigated democracy and enforcement of the Constitution and social security law and principles of the government's responsibility of enforcement, purposes of the governmental finance and public interest, and transparency and effectiveness.
2) The study investigated regulations of purpose of social insurance to examine horizontally: 1- business responsibility and fund control responsibility, 2- contents and scope of the business that the fund is paid, 3- business plan and rating, 4- The one who inspect the business and use of the fund, 5- manage and spend finance of the fund, 6- The one who spends fund (and/or financial source, 7- Compare National Pension Fund, Employment Insurance, Workmen's Accident Compensation Insurance and National Health Insurance according to fund spending plan (and/or budget), spending result (account settlement).
3) Investigate articles of the press from point of view of public finance to examine illegal use and/or financial loss of social security fund.
4) Analyze the legal system of criminal policy to examine illegal use of social security fund;
5) In the analysis, the study made ten of behaviors on illegal use and financial loss of social security fund: 1- Make use of fund for other purposes, 2- Violate laws and regulations to give damage to properties of fund asset, 3- Have unfair influence upon use of fund asset, 4- Take interest of oneself and/or third party concerning job, 5- Make third party take illegal benefit with help of illegal beneficiary, 6- Take bribe and/or money concerning job, 7- Disclose and/or make use of secret and/or information from working, 8- Prevent agency from investigating and inform falsely, 9- Violate legal procedure in control and use of the fund, 10- Create financial loss because of ommission and/or neglect.
6) And, policy decision-maker does business and/or spend fund based on social security system and fund system 11- Do business and/or make use of the fund for other purpose, 12- Do business and/or spend the fund in illegal way, 13- Shift responsibility of government performance to others than the government, 14- Conceal the operational process of fund asset. Aforementioned four of behaviors could have unrecoverable loss upon four of social security businesses so that they were said to be ‘serious illegality’.

Ⅲ. Summary of Suggestions

The study classified ten of illegal types on criminal policy into legal system of requirement, legal system of punishment regulations, and legal system on criminal procedure:
1) ‘Reformation of legal system of the requirements’ included clarification of use of the fund, enactment of fund manager's duties, and supplementation of embezzlement and derediction of duties of accounts;
2) ‘Reformation of legal system of punishment regulation’ included crime of job secret, punishment of prevention of investigation, illegal conspiracy and financial loss, and expansion of the ones punished, control of legal sentence, and expansion of type of confiscation.
3) ‘Reformation of legal system of criminal procedure’ included supplementation of regulation of the report, permanent keeping of important s and making preservation period, and exclusion of application of statute of limitation.
Four of illegal types could not give appropriate counteractions of criminal policy because of following reasons: a- legal and/or governing behavior, b- legal doing by taking advantage of legal procedure, c- An individual is not responsible because of no regulation, d- Concealing by legal organization in accordance with legal procedure. So, we only suggest standard of legislation, not legislative measures.