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ACT ON SPECIAL CASES CONCERNING THE PAYMENT OF RETIREMENT COMPENSATIONS TO THOSE WHO CONTINUED TO SERVE AS PUBLIC OFFICIALS DESPITE GROUNDS FOR DISQUALIFICATION

Act No. 6008, Aug. 31, 1999

Amended by Act No. 9091, jun. 5, 2008

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters concerning the payment, etc. of retirement compensation to those who continued to serve as public officials despite grounds for disqualification and public officials retired automatically whose appointment became null and void, and who were retired automatically because they fell under grounds for disqualification from appointment as public officials under the State Public Officials Act, the Local Public Officials Act and other Acts and subordinate statutes related to the personnel management of public officials. <Amended by Act No. 9091, Jun. 5, 2008>
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 9091, Jun. 5, 2008>
1. The term "public official" means a public official provided for in the State Public Officials Act and the Local Public Officials Act and other employees of the Government or a local government prescribed by Presidential Decree: Provided, That a public official who assumes office by election shall be excluded herefrom;
2. The term "public official disqualified from appointment" means a person who actually continued to serve as a public official though his/her appointment became null and void (including cases where such appointment was cancelled retrospectively due to the fact that he/she fell under grounds for disqualification from appointment) because he/she fell under grounds for disqualification from appointment at the time he/she was appointed as a public official, and whose period of actual service ended before this Act enters into force, and who applied for the payment of retirement compensation by not later than September 30, 2008;
3. The term "public official retired automatically" means a person who actually continued to serve as a public official even after grounds for automatic retirement arose due to disqualification from appointment while in office as a public official, and whose period of actual service ended before this Act enters into force, and who applied for the payment of retirement compensation by not later than September 30, 2008;
4. The term "period of actual service" means a period during which a public official disqualified from appointment actually served for a given period continuously after his/her appointment had become null and void, or a period during which a public official retired automatically, actually served for a given period continuously after grounds for natural retirement had arisen, and includes a period totaled, added up or included in his/her period of service under the Public Officials Pension Act or the Military Pension Act: Provided, That a period for which salaries were paid or are lawfully payable pursuant to the Public Officials Pension Act or the Military Pension Act shall be excluded from his/her period of actual service.
 Article 3 (Scope of Application)
This Act shall apply to a person who was a public official disqualified from appointment or public official retired automatically, and whose period of actual service ended before this Act enters into force after December 1, 1999, whose disqualification from appointment or grounds for automatic retirement were solved at the time his/her period of actual service ended, and in whose case five years have passed from the date of completion of or exemption from the execution of a sentence, or the date of dismissal from office by disciplinary action, which were disqualifications for appointment or grounds for automatic retirement. <Amended by Act No. 9091, Jun. 5, 2008>
 Article 4 (Payment of Retirement Compensation)
(1) The Government or a local government shall pay a public official disqualified from appointment or public official retired automatically an amount equivalent to the amount computed by deducting a refund of principal and interest of a contribution made during the period of actual service from the amount computed by aggregating retirement benefits and retirement allowances or additional dues to retirement benefits computed in a lump sum as retirement compensation for his/her period of actual service in accordance with the Public Officials Pension Act or the Military Pension Act at the time his/her period of actual service ended.
(2) A public official disqualified from appointment or public official retired automatically shall apply for the payment of retirement compensation by not later than September 30, 2008, as prescribed by Presidential Decree: Provided, That where a public official disqualified from appointment or public official retired automatically dies, his/her successor under the Civil Act may apply for the payment of retirement compensation. <Amended by Act No. 9091, Jun. 5, 2008>
(3) The order of application for and payment of retirement compensation under the proviso to paragraph (2) shall be in accordance with the order of succession under the Civil Act.
(4) The Government shall pay retirement compensation to public officials disqualified from appointment and public officials retired automatically who ended their actual service as public officials of the Government, and the relevant local government shall pay retirement compensation to public officials disqualified from appointment and public officials retired automatically who ended their actual service as public officials of a local government, and the Government or a local government shall pay retirement compensation classified by person who has authority to appoint (referring to a person who has authority to appoint, for appointment who does not require the recommendation from a person who has authority to recommend appointment; hereinafter the same shall apply) or person who has authority to recommend appointment (where a person who has authority to appoint or person who has authority to recommend appointment is unclear, referring to the head of the central agency responsible for personnel management; hereinafter the same shall apply) at the time the period of actual service of public officials disqualified from appointment or public officials retired automatically ended.
(5) In the payment of retirement compensation, the Government or a local government shall pay retirement compensation with interest at five percent per annum from the date the period of actual service ends until the date it pays retirement compensation.
 Article 5 (Special Cases concerning Prescription on Benefits)
(1) Notwithstanding Article 81 (1) of the Public Officials Pension Act or Article 8 (1) of the Military Pension Act, a public official retired automatically may exercise his/her right to receive benefits in accordance with the Public Officials Pension Act or the Military Pension Act by not later than September 30, 2008. <Amended by Act No. 9091, Jun. 5, 2008>
(2) Where a public official retired automatically applies for benefits after the period of prescription lapses, by not later than September 30, 2008, pursuant to paragraph (1), the Government or a local government shall compute such benefits in accordance with the Public Officials Pension Act or the Military Pension Act at the time a ground for automatic retirement arose, pay such benefits from the date his/her period of actual service ends, and pay such benefits with interest at five percent per annum from the date his/her period of actual service ends to the date of payment of benefits. <Amended by Act No. 9091, Jun. 5, 2008>
 Article 6 (Reimbursement of Medical Expenses, etc. for Diseases or Injuries Inflicted in Line of Duty)
Where a public official disqualified from appointment or public official retired automatically undergoes medical treatment due to a disease or injury inflicted in the line of duty during his/her period of actual service, the Government or a local government shall pay an amount equivalent to the medical expenses incurred in relation to a disease or injury inflicted in the line of duty or lump sum allowances for medical treatment of a disease or injury inflicted in the line of duty by applying mutatis mutandis the Public Officials Pension Act or the Military Pension Act.
 Article 7 Deleted.<by Act No. 9091, Jun. 5, 2008>
 Article 8 (Certification of Actual Service Career)
Where a public official disqualified from appointment or public official retired automatically requires a certificate of his/her work experience to obtain a job, etc., the Government or a local government shall issue a certificate of his/her work experience for the period of actual service.
 Article 9 (Redemption of Retirement Compensation)
(1) Where a person who has been paid retirement compensation falls under any of the following subparagraphs, the Government or a local government shall redeem such retirement compensation. In such cases, where he/she falls under subparagraph 1, the Government or a local government shall collect the already paid retirement compensation with interest prescribed by Presidential Decree and expenses incurred in redemption:
1. Where he/she has been paid retirement compensation deceitfully or by other unlawful means;
2. Where grounds for payment of retirement compensation have relinquished retrospectively after he/she was paid retirement compensation;
3. Where the Government or a local government has overpaid or erroneously paid retirement compensation.
(2) In the redemption of retirement compensation under paragraph (1), when a person who is to repay retirement compensation fails to do so by the deadline, the Government or a local government may collect it in the same manner as delinquent national taxes or local taxes are collected.
ADDENDUM
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM<Act No. 9091, Jun. 5, 2008>
This Act shall enter into force three months after the date of its promulgation.