1. Article 1 of the Basic Pension Act provides that “The purpose of this Act is to support the stabilization of the livelihood of older persons and promote their welfare by providing a stable income-based basis by paying a basic pension to older persons.” Article 3(1) of the same Act provides that “a person aged 65 or older who is recognized as a beneficiary of a basic pension and whose recognized amount of income is below the amount determined and publicly notified by the Minister of Health and Welfare” shall be determined as a beneficiary of a basic pension. Article 2 subparag. 4 of the same Act defines recognized amount of income, which serves as the standard for selecting a beneficiary of a basic pension, as “the sum of the assessed amount of income and the converted amount of property

Accordingly, Article 2 (1) 2 of the Enforcement Decree of the Basic Pension Act provides that business income shall be determined as one of the income included in the appraised value of income, and it shall be "business income under Article 19 of the Income Tax Act".

Meanwhile, Article 19 (1) of the Income Tax Act lists the types of income included in business income as each subparagraph, and stipulates that one of them is the income generated from the real estate business and the lease business (main sentence of subparagraph 12), and Article 19 (2) of the Income Tax Act provides that the business income shall be the amount calculated by deducting necessary expenses incurred from the total income in the pertinent

In addition, Article 12 (2) of the Income Tax Act provides that income tax shall not be imposed on the income falling under any of the following items among business income, and such non-taxable business income provides for the house rental income of a person who owns a house in Korea less than 90 million won.

In addition to the purpose and purpose of this Basic Pension Act, the provisions and system of the Basic Pension Act, etc., the Basic Pension Act requires the beneficiaries of basic pensions to be selected on the basis of ‘the recognized amount of income of the elderly who are over a certain age.'