國民年金保險對於被保險人自身雖採柔性強制納保原則，惟國民年金法第15條第2項及第50條卻課予其配偶繳費義務且有處罰規定，此項被保險人配偶之公法上金錢給付義務構成其憲法第15條財產權之侵害，即令行政機關另訂有得主張正當理由而免罰之事由，站在民法配偶間扶養義務之觀點，亦難證立何以被保險人自身資力不需被考量；另大法官釋字第696號解釋做成後，基於憲法保障婚姻家庭之意旨，應禁止配偶雙方因婚姻而承受特別不利益，且綜觀我國親屬法之變革軌跡已逐漸揚棄舊有家父長制，而改為強調男女平等與個人權益之保障，與上開國民年金法規定之本旨容有未合，該規定對立法者長期建構之婚姻家庭制度核心領域已構成侵害。是以本文認為上開規定有違憲之虞而有廢除之必要。

Insured of National Pension Insurance are not forced to pay the contribution, but their spouses are obliged to do so for them otherwise fines would be imposed, which were regulated under § 15Ⅱ and § 50 of National Pension Act. This obligatory payment constitutes invasion of property protection, which is set forth in § 15 of Constitution. However, duty of maintenance between spouses under Civil Code is unable to rationalize this invasion because the capability of the insured is not taken into consideration. In addition, after the release of Judicial Yuan Interpretation No. 696, married should not bear more disadvantages than those who are single under the institutional protection of marriage and family. With the modification course of Family Law, it is also obvious to find that Patriarchy is gradually abolished; instead, Individualism and the value of gender equality are emphasized. Therefore, under the perspectives of the author, regulations of National Pension Act above should be unconstitutional and abolished.