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MILITARY PENSION ACT

Act No. 1260, Jan. 28, 1963

Amended by Act No. 2173, Jan. 1, 1970

Act No. 2629, Oct. 10, 1973

Act No. 2728, Dec. 26, 1974

Act No. 3203, Dec. 28, 1979

Act No. 3397, Mar. 24, 1981

Act No. 3493, Dec. 31, 1981

Act No. 3587, Dec. 28, 1982

Act No. 3759, Dec. 31, 1984

Act No. 3957, Nov. 28, 1987

Act No. 4034, Dec. 29, 1988

Act No. 4318, Jan. 14, 1991

Act No. 4454, Dec. 27, 1991

Act No. 4705, Jan. 5, 1994

Act No. 5063, Dec. 29, 1995

Act No. 5291, Jan. 13, 1997

Act No. 5454, Dec. 13, 1997

Act No. 5482, Dec. 31, 1997

Act No. 6124, Jan. 12, 2000

Act No. 6290, Dec. 26, 2000

Act No. 6327, Dec. 30, 2000

Act No. 6785, Dec. 18, 2002

Act No. 7873, Mar. 3, 2006

Act No. 8023, Oct. 4, 2006

Act No. 8081, Dec. 26, 2006

Act No. 8151, Dec. 30, 2006

Act No. 8373, Apr. 11, 2007

Act No. 8541, Jul. 23, 2007

Act No. 8694, Dec. 14, 2007

Act No. 8732, Dec. 21, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9904, Dec. 31, 2009

Act No. 10219, Mar. 31, 2010

Act No. 10339, jun. 4, 2010

Act No. 10649, May 19, 2011

Act No. 11042, Sep. 15, 2011

Act No. 11141, Dec. 31, 2011

Act No. 11632, Mar. 22, 2013

Act No. 11690, Mar. 23, 2013

Act No. 12788, Oct. 15, 2014

Act No. 12905, Dec. 30, 2014

Act No. 13214, Mar. 11, 2015

Act No. 13506, Sep. 1, 2015

Act No. 13630, Dec. 29, 2015

Act No. 14183, May 29, 2016

Act No. 14476, Dec. 27, 2016

Act No. 15050, Nov. 28, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide military personnel or their bereaved family with adequate benefits where military personnel have retired from faithful military service for a considerable period, have retired or died due to mental or physical disabilities, or receive medical care due to a disease or injury sustained in the line of duty, thereby contributing to the stability of the livelihood and the improvement of welfare of military personnel and their bereaved families.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 2 (Scope of Application)
This Act shall apply to military personnel in active service or in service after called up for military service: Provided, That only Articles 31 and 32 shall apply to the following persons: <Amended by Act No. 14183, May 29, 2016>
1. Non-commissioned officers appointed not by volunteering;
2. Soldiers;
3. Officer cadets: Provided, That those who applied for officer cadet during military service (hereinafter referred to as "officer cadet who applied during military service") as warrant officer or non-commissioned officer (excluding a non-commissioned officer referred to in subparagraph 1) shall be excluded.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 3 (Definitions)
(1) The definitions of terms used in this Act shall be as follows: <Amended by Act No. 12788, Oct. 15, 2014>
1. The term "amount of standard monthly income" means the amount calculated by averaging out the total amount of taxable yearly income by 12 months that is obtained as a result of military service for a certain period, which serves as the basis of the calculation of contributions and benefits. In such cases, matters regarding the scope of taxable income included in the standard monthly income, methods for determining the amount of standard monthly income and the period of application shall be prescribed by Presidential Decree;
2. The term "average amount of standard monthly income" means the amount calculated by dividing by the service period the total amount of standard monthly income paid each year during the service period, after converting the amount into the current value as of the date on which a reason for benefits arises (where a reason for benefits occurs due to retirement from service or after retirement from service, referring to the day before the retirement date; hereinafter the same shall apply), taking into account the military pay raise percent, etc. as prescribed by Presidential Decree;
3. The term "retirement" means discharge, retirement, or expulsion from military service;
4. The term "bereaved family" means the following persons supported by a person who is or was a soldier as at the time of his/her death: Provided, That where compensation for death under Article 31 is paid, such persons shall be deemed the bereaved family regardless of whether they are supported:
(a) Spouses (including a person who has a de facto matrimonial relationship; excluding a spouse to whom he/she was married at the age of 61 or older after his/her retirement: Provided, That this shall not apply to a person who had a marital relationship at the time of his/her serving in the military);
(b) Children (excluding children who were born or adopted when he/she was 61 years or older after his/her retirement; but an unborn child when he/she was 60 years old after his/her retirement shall be regarded as a child born to him/her during the service period; hereinafter the same shall apply);
(c) Parents (excluding parents who adopted him/her after the date of his/her retirement);
(d) Grandchildren (excluding grandchildren who were born or adopted when he/she was 61 years or older after his/her retirement; but an unborn child when he/she was 60 years old after his/her retirement shall be regarded as a grandchild who is born to him/her during the service period; hereinafter the same shall apply);
(e) Grandparents (excluding grandparents who adopted him/her after the date of his/her retirement);
5. The term "contribution" means expenses incurred for benefits, which is borne by a soldier;
6. The term "apportioned amount" means expenses incurred for benefits, which are borne by the State;
7. The term "line of special duty death" means cases where a soldier who had sustained injuries prescribed by Presidential Decree in the line of duty at great risk to his/her life and body died from such injuries as the immediate cause of death.
(2) Children referred to in paragraph (1) 4 shall be limited to those under the age of 19 and those over the age of 19 with the degree of disability prescribed by Presidential Decree.
(3) Grandchildren referred to in paragraph (1) 4 shall be limited to those who fall under any of the following, who have no father or whose father has the degree of disability prescribed by Presidential Decree:
1. Grandchildren under the age of 19;
2. Grandchildren over the age of 19 with the degree of disability prescribed by Presidential Decree.
(4) An unborn child of a person who is or was a soldier as at the time of his/her death shall be considered to have been already born when paying benefits under this Act.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 4 (Refund of Contributions)
(1) To a person not entitled to benefits under this Act and who was a soldier, or to his/her bereaved family, the amount of money calculated by adding interest prescribed by Presidential Decree to contributions made by him/her during his/her service in the military shall be refunded.
(2) Deleted. <by Act No. 13214, Mar. 11, 2015>
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 5 (Request for Examination)
(1) Any person dissatisfied with the decision on benefits, the collection of contributions, and benefits under this Act may file a request for examination with the Military Pensions and Benefits Review Committee, as prescribed by Presidential Decree.
(2) A request for examination referred to in paragraph (1) shall be filed within 180 days from the date on which a decision on benefits, etc. is made or within 90 days from the date on which the decision is learned: Provided, That this shall not apply where it is proved that a request for examination failed to be filed due to a justifiable cause within such period.
(3) The Military Pensions and Benefits Review Committee under paragraph (1) shall be set up in the Ministry of National Defense, and the composition and operation thereof and other necessary matters shall be prescribed by Presidential Decree.
(4) No administrative appeal under the Administrative Appeals Act shall be filed against decisions on benefits, the collection of contributions or benefits under this Act.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
CHAPTER II BENEFITS
SECTION 1 Common Provisions
 Article 6 (Kinds of Benefits)
The kinds of benefits shall be as follows:
1. A retirement pension;
2. A retirement pension in one lump sum;
3. A retirement pension in one lump sum after deduction;
4. A severance pay in one lump sum;
5. A pension for wounds;
6. A survivor's pension;
7. A survivor's pension supplement;
8. A survivor's pension special supplement;
9. A survivor's pension in one lump sum;
10. A lump sum payment to the bereaved family;
11. Compensation for death;
12. Compensation for disability;
13. Condolence money;
14. Disaster aid money;
15. A retirement allowance;
16. Expenses for medical care of a disease or injury sustained in the line of duty.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 7 (Protection of Right)
(1) No entitlement to a benefit shall be transferred, seized, or offered as collateral: Provided, That this shall not apply where entitlement to a benefit falls under any of the following cases: <Amended by Act No. 14476, Dec. 27, 2016>
1. Where the entitlement is offered to a financial institution, etc. as collateral, as prescribed by Presidential Decree;
2. Where the entitlement is offered to the State as collateral for a loan from the Military Pension Fund under Article 37, or a loan under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and the Support for Discharged Soldiers Act;
3. Where the disposition on default is made pursuant to the National Tax Collection Act or the Local Tax Collection Act.
(2) An amount of benefits paid to a beneficiary, which is less than an amount provided for in subparagraph 3 of Article 195 of the Civil Execution Act, may not be seized. <Newly Inserted by Act No. 13506, Sep. 1, 2015>
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 8 (Prescription)
(1) Entitlement to a benefit shall be extinguished upon completion of prescription unless it is exercised within five years from the date on which the reason for payment of benefits occurs: Provided, That the entitlement to the benefits of condolence money, disaster aid money, and expenses for medical care of a disease or injury sustained in the line of duty shall be extinguished upon completion of prescription unless it is exercised within three years from the date on which a reason for payment of the benefits occurs. <Amended by Act No. 11632, Mar. 22, 2013>
(2) Deleted. <by Act No. 3397, Mar. 24, 1981>
(3) Entitlement to a refund of contributions shall be extinguished upon completion of prescription unless it is exercised within five years from the date on which a reason for payment of benefits occurs. <Amended by Act No. 11632, Mar. 22, 2013>
(4) Where a soldier cannot exercise an entitlement provided for in paragraphs (1) and (3) due to war, incident, or any other unavoidable cause, he/she may obtain an extension of such period within two years, as prescribed by Presidential Decree. <Amended by Act No. 11632, Mar. 22, 2013>
(5) The right of the Minister of National Defense (in cases of compensation for death, referring to the Minister of Patriots and Veterans Affairs) who collects or recoups contributions, funds to be recouped, and any other money to be collected pursuant to this Act shall be extinguished upon completion of extinctive prescription unless it is exercised within five years from the date of occurrence of the said right. <Newly Inserted by Act No. 12905, Dec. 30, 2014>
(6) Any notification of and demand for payment of contributions, funds to be recouped, and any other money to be collected; and requests for payment of benefits or for refund of overpayment, etc., under this Act shall have the effect of interrupting extinctive prescription. <Newly Inserted by Act No. 12905, Dec. 30, 2014>
(7) Extinctive prescription interrupted pursuant to paragraph (6) shall run anew from the time the term of payment informed by such notification of or demand for payment has elapsed. <Newly Inserted by Act No. 12905, Dec. 30, 2014>
 Article 9 (Period of Effectuation)
When the period of request for benefits or examination under this Act is calculated, if a document to make such request is sent by mail before the completion of prescription, the number of days taken for delivery by mail shall be excluded in calculating such period.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 10 (Confirmation of Grounds for Benefits and Determination of Benefits)
(1) The Minister of National Defense shall determine and pay various benefits as requested with the confirmation of the chief of staff of the armed force to which the relevant soldier entitled to such benefits belongs, but where he/she determines a pension for wounds under Article 23, a survivor's pension under Article 26 (1) 3 and expenses for medical care of a disease or injury sustained in the line of duty under Article 30-5, his/her determination shall be subject to deliberation by the Military Pensions and Benefits Council.
(2) Where the Military Pensions and Benefits Council deliberates on grounds for providing benefits under paragraph (1), such as a pension for wounds, survivor's pension, and expenses for medical care of a disease or injury sustained in the line of duty, the standard for acknowledgment of a disease, injury, or death sustained in the line of duty shall be prescribed by Presidential Decree.
(3) The Military Pensions and Benefits Council under paragraph (1) shall be established under the Ministry of National Defense, and matters concerning the composition and operation thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 11 (Delegation or Entrustment of Determination and Payment of Benefits)
(1) The Minister of National Defense may delegate his/her authority over the determination and payment of benefits under Article 10 (1) to the chief of staff of each armed force, the commanding officer of each military unit under the direct control of the Ministry of National Defense or the head of each agency under the direct control of the Ministry of National Defense, as prescribed by Presidential Decree.
(2) The Minister of National Defense may entrust the payment of compensation for death under Article 31 to the Minister of Patriots and Veterans Affairs, and the payment of other benefits to the head of a postal service office or a financial institution, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 12 (Order of Priority in Bereaved Family Members)
The order of priority in bereaved family members eligible for benefits shall be in accordance with the order of priority of inheritance.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 13 (Competition between Persons with Same Priority)
Where at least two persons with the same priority in the bereaved family exist, benefits shall be paid equally, and methods of payment thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 14 (Special Cases on Beneficiaries of Benefits)
Where a person who is or was a soldier died but no bereaved family exists, the amount of money within the limits prescribed by Presidential Decree shall be paid to his/her lineal descendant or lineal ascendant, and where even neither lineal descendant nor lineal ascendant exists, it shall be used for the deceased soldier.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 15 (Redemption of Benefits)
(1) Where a person who received benefits falls under any of the following cases, the Minister of National Defense (including the Minister of Patriots and Veterans Affairs entrusted with the payment of compensation for death pursuant to Article 11 (2); hereinafter the same shall apply in this Article) shall redeem such benefits. In such cases, where the person falls under subparagraph 1, the Minister of National Defense shall collect benefits by adding interest and expenses incurred in redemption prescribed by Presidential Decree thereto, and where benefits fall under subparagraph 2, 3 or 4 and the person liable to return benefits fails to return by the deadline, the Minister of National Defense shall collect such benefits by adding interest prescribed by Presidential Decree thereto:
1. Where the person received benefits by unlawful means;
2. Where the person received benefits excessively because he/she had belatedly reported or failed to report matters under Article 42;
3. Where the reason for providing benefits was extinguished retroactively after the person had received such benefits;
4. Where benefits were paid wrongly.
(2) Redemption of benefits under paragraph (1) shall be made by referring to practices of the disposition on default of national taxes under the National Tax Collection Act.
(3) Where the Minister of National Defense redeems benefits pursuant to paragraph (1) and any of the following reasons exists, he/she may write off such benefits: Provided, That in cases referred to in subparagraphs 1 and 3, where property that may be attached is found after a write-off, he/she shall cancel such write-off without delay and collect the benefits by referring to practices of the disposition on default of national taxes under the National Tax Collection Act:
1. Where the disposition on default is completed and the allotted amount appropriated to the amount of default is less than the amount of such default;
2. Where extinctive prescription on the relevant right is completed;
3. Other cases where it is impossible for him/her to collect benefits, corresponding to grounds prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 15-2 (Deducted Payment of Unpaid Amount)
Where a person who is or was a soldier or a person eligible for survivor's benefits has the following debts, the Minister of National Defense may pay benefits under this Act (excluding expenses of medical care of a disease or injury sustained in the line of duty under Article 30-5, compensation for death under Article 31, compensation for disability under Article 32, condolence money under Article 32-2 and disaster aid money under Article 32-3) after deducting such debt therefrom: Provided, That with respect to a benefit which is a pension, the amount exceeding a half of such pension shall not be deducted from the pension paid every month:
1. Principal and interest of redeemed benefits under Article 15;
2. Principal and interest of the returned amount under Article 16-2 (2) and (3);
3. Unpaid contributions where contributions under Article 38 are unpaid;
4. Unpaid principal and interest of a loan and interest on arrears of repayment under the Military Welfare Fund Act;
5. The balance related to the adjustment of the amount under the suspension of payment (referring to the amount under the suspension of payment where the amount of income has been determined pursuant to the Income Tax Act) under Article 21-2 (2) (including cases where it is applied mutatis mutandis in Article 25).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 16 (Calculation of Service Period)
(1) The service period of a soldier shall be calculated based on the number of years and months, starting from the month to which the date of his/her employment belongs to the month in which the day before the date of his/her retirement or the date of his/her death falls. <Amended by Act No. 11632, Mar. 22, 2013>
(2) The military service periods of a person who was appointed as a warrant officer or a commissioned officer from a non-commissioned officer (excluding a non-commissioned officer referred to in subparagraph 1 of Article 2), or a person who was appointed as a commissioned officer from a warrant officer shall be added together, and a period of officer cadet for which he/she applied during military service shall be included in such period. <Amended by Act No. 11632, Mar. 22, 2013; Act No. 14183, May 29, 2016>
(3) Deleted. <by Act No. 4034, Dec. 29, 1988>
(4) The period during which a soldier was in action shall be tripled. <Amended by Act No. 11632, Mar. 22, 2013>
(5) The service period of a soldier in active service or a non-commissioned officer appointed not by volunteering under the Military Service Act (among the military service periods by the defense call-up, full-time reserve call-up or reservist duty call-up, including the service period prescribed by Presidential Decree) before he/she is employed as a soldier governed by this Act may be included in the service period referred to in paragraph (1) as he/she wishes. In such cases, a person intending to include the service period shall submit an application for inclusion of service period to the Minister of National Defense. <Amended by Act No. 11632, Mar. 22, 2013>
(6) Where a retired soldier, public official or private school teacher (excluding a person who was not governed by the Military Pension Act, the Public Officials Pension Act, or the Pension for Private School Teachers and Staff Act) serves as a soldier, he/she may add up his/her service period or tenure of office under the former relevant Pension Act to the service period referred to in paragraph (1) as he/she wishes. <Amended by Act No. 11632, Mar. 22, 2013>
(7) Deleted. <by Act No. 11632, Mar. 22, 2013>
(8) When the service period is calculated, the service period of a person who served for at least 19 years and 6 months but less than 20 years shall be regarded as 20 years. <Amended by Act No. 11632, Mar. 22, 2013>
(9) The calculation of the service period shall not retroact before the year of the establishment of the Government of the Republic of Korea. <Amended by Act No. 11632, Mar. 22, 2013>
(10) The period added pursuant to paragraphs (4) and (8) or the service period under paragraph (5) or (6) shall not be added to or included in the service period referred to in paragraph (1) when paying a retirement allowance. <Amended by Act No. 11632, Mar. 22, 2013>
(11) When the service period is calculated in relation to the payment of a retirement allowance, a half shall be subtracted from the period of a leave of absence excluding leaves of absence for the following reasons, the period of release from office, and the period of suspension from office, respectively: <Amended by Act No. 11632, Mar. 22, 2013>
1. A leave of absence due to a disease or injury sustained in the line of duty;
2. A leave of absence due to temporary employment in an international organization, a foreign institution, an overseas or Korean university, or an overseas or Korean research institution;
3. A leave of absence due to child care, or pregnancy or childbirth of a female soldier;
4. A leave of absence to perform duties under other Acts.
 Article 16-2 (Methods of Adding up Service Periods)
(1) A person who intends to add up the service period or the tenure of office (hereinafter referred to as "adding up the service periods") pursuant to Article 16 (6) shall submit an application for adding up the service periods to the Minister of National Defense.
(2) A person who applied for adding up the service periods pursuant to paragraph (1) and obtained approval therefor shall return the amount of money (hereinafter referred to as "money to be returned") calculated by adding up the interest prescribed by Presidential Decree to the amount of retirement benefits granted as at his/her retirement [where he/she was restricted in the amount of benefits pursuant to Article 33 of this Act or Article 64 of the Public Officials Pension Act (including cases where it is applied mutatis mutandis in Article 42 of the Pension for Private School Teachers and Staff Act), referring to the amount of benefits he/she should have received without such restriction] to the Military Pension Fund under Article 37: Provided, That where a person who obtains approval for adding up the service periods is a beneficiary of a retiring pension, a retirement pension under the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act (hereinafter referred to as "retirement pension"), or an early retirement pension (hereinafter referred to as "early retirement pension"), he/she shall not return pension benefits.
(3) The Minister of National Defense may allow a beneficiary of benefits to return money to be returned under paragraph (2) in installments, as prescribed by Presidential Decree. In such cases, the interest prescribed by Presidential Decree shall be added to such money.
(4) Where a person who obtained approval for adding the service periods applies for the exclusion of all or some of the periods approved from adding or fails to return money to be returned for more than six months, the Minister of National Defense may exclude a period applied for exclusion from adding or a period equivalent to the period during which money to be returned has not been returned of the periods approved for adding to the service period from the total service periods.
[This Article Newly Inserted by Act No. 11632, Mar. 22, 2013]
 Article 17 (Period and Timing for Payment of Pension)
(1) Pension benefits shall be paid in proportion to the period from the month following the month which includes the date on which a reason for payment of the benefits (including reasons for amendment to the grade of a pension for wounds under Article 24) occurs to the month which includes the date on which the reason ceases to exist. <Amended by Act No. 11632, Mar. 22, 2013>
(2) Where a reason for suspending the payment of a retirement pension, a pension for wounds, or a survivor's pension occurs, the payment thereof shall be suspended from the month following the month which includes the date the reason occurs to the month which includes the date on which the reason ceases to exist: Provided, That where both the date on which a reason for suspension occurs and the date on which the reason ceases to exist are in the same month, the payment thereof shall not be suspended. <Amended by Act No. 11632, Mar. 22, 2013>
(3) Deleted. <by Act No. 6327, Dec. 30, 2000>
(4) Pension benefits shall be paid every month as prescribed by Presidential Decree. <Amended by Act No. 11632, Mar. 22, 2013>
 Article 17-2 (Adjustment of Amount of Pension)
(1) Pension benefits shall be increased or decreased annually by the amount equivalent to the preceding year’s rate of fluctuation of nationwide consumer price which the Commissioner of the Statistics Korea under Article 3 of the Statistics Act announces every year after comparison of the two between the consumer price index of the preceding year and that of year before the preceding year.
(2) The amount adjusted pursuant to paragraph (1) shall be applied from January to December of the relevant year.
(3) The Minister of National Defense shall notify the beneficiary of a pension of the amount adjusted pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 18 (Basis of Calculation of Benefits)
(1) Benefits under this Act shall be calculated based on the following classifications: <Amended by Act No. 13214, Mar. 11, 2015>
1. A retirement pension under Article 21 (1) and a survivor's pension under Article 26 (1) 1: To be calculated based on an average amount of standard monthly income. In such cases, the amount of standard monthly income serving as the basis of the calculation of the average amount of standard monthly income shall not exceed 180/100 of the average amount of standard monthly incomes of all public officials to be calculated pursuant to Article 27 (4) of the Public Officials Pension Act (hereinafter referred to as “average amount of standard monthly incomes of all public officials”);
2. Compensation for death under Article 31 (2) 1 and 2, and paragraph (3) of the same Article, compensation for disability under the proviso to Article 32 (3), condolence money under Article 32-2 (3), and disaster aid money under Article 32-3 (1): To be calculated based on the average amount of standard monthly incomes of all public officials paid in the month which includes date on which a reason for payment of benefits occurs;
3. Expenses for medical care of a disease or injury sustained in the line of duty in accordance with Article 30-5: To be calculated pursuant to Article 30-8;
4. Benefits, other than those under subparagraphs 1 through 3: To be calculated based on the amount of standard monthly income paid in the month which includes the date on which a reason for payment of the relevant benefits occur.
(2) Deleted. <by Act No. 13214, Mar. 11, 2015>
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 18-2 (Special Cases of Payment of Pension)
(1) Where a person entitled to a pension emigrates to a foreign country, he/she may be paid the amount equivalent to the pension for the period of four years on the basis of the following month of the date on which he/she leaves the Republic of Korea, in lieu of the pension benefit as he/she wishes.
(2) Where a person entitled to pension benefits has lost his/her nationality, he/she may be paid the amount equivalent to the pension for the period of four years on the basis of the month following the month he/she lost nationality, in lieu of the pension benefit as he/she wishes.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 19 (Adjustment of Benefits)
(1) Where a reason to pay a veteran's pension and a pension for wounds, or a survivor's pension and a survivor's pension in one lump sum due to the death of a soldier who served in the military for less than 20 years occurs to the same person, only one benefit favorable to him/her shall be paid according to his/her choice.
(2) No person entitled to a pension for wounds shall be paid a retirement pension in one lump sum.
(3) Where a person who has received a veteran's pension, retirement pension or an early retirement pension retires again after having obtained approval for adding his/her service periods under Articles 16 and 16-2, or died, he/she may receive only a veteran's pension (including a veteran's pension in one lump sum after deduction), or a survivor's pension (including a survivor's pension supplement), and he/she may not receive a veteran's pension in one lump sum or a survivor's pension in one lump sum in lieu thereof.
(4) Where a person entitled to a veteran's pension or a pension for wounds receives a survivor's pension (excluding cases where he/she falls under Article 26 (1) 3) in addition to his/her veteran's pension or pension for wounds, he/she shall be paid the survivor's pension after subtracting a half from the amount of such survivor's pension.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 19-2 (Retirement Benefits to Missing Persons, etc.)
(1) Where a person entitled to retirement benefits (referring to a veteran's pension, a veteran's pension in one lump sum, a veteran's pension in one lump sum after deduction, and a retirement pension in one lump sum; hereinafter the same shall apply) is missing for more than one year, such retirement benefits may be paid to a person who will become the heir of such person (referring to a person falling under the category of bereaved family; hereinafter the same shall apply in this Article) at his/her request.
(2) Where a veteran's pension is paid at the request of the prospective heir under paragraph (1), if the whereabouts of a missing person is still not confirmed after three years have passed from the date such payment is made, the amount equivalent to 60/100 of the veteran's pension under Article 21 shall be paid from the following month.
(3) Where it is confirmed that a missing person is alive, a veteran's pension under Article 21 shall be paid to the missing person from the following month of the date his/her existence is confirmed. In such cases, where the amount equivalent to 60/100 of his/her veteran's pension was paid to the prospective heir under paragraph (2), the amount calculated shall be paid by adding interest prescribed by Presidential Decree to the difference between the benefits paid during the payment period and the benefits to be paid.
(4) Where it is confirmed that a missing person has died after benefits were paid under paragraph (2), a survivor's pension shall be paid to his/her heir from the following month of the date his/her death is confirmed: Provided, That where the deathday of the missing person is within three years from the payment date of benefits under paragraph (1), the amount calculated by adding interest prescribed by Presidential Decree to the difference between the survivor's pension which his/her heir is entitled to receive for the three years from the following month of the his/her deathday and the benefits actually received shall be refunded to the Military Pension Fund under Article 37.
(5) Where persons who will become the heir under paragraph (1) are at least two, the provisions of Articles 12 and 13 shall apply mutatis mutandis to the order thereof and the payment of retirement benefits, and the provisions of Article 29 shall apply mutatis mutandis to the loss of the right to benefits of a person receiving benefits pursuant to paragraph (2).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 19-3 (Adjustment of Benefits under Other Acts)
Where a person entitled to a retirement pension or an early retirement pension receives a survivor's pension as well (excluding cases where he/she falls under Article 26 (1) 3) under this Act, the survivor's pension shall be paid to him/her after subtracting a half from such survivor's pension.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 20 (Right to Request Recipients to Submit Documents, and Relevant Matters)
(1) The Minister of National Defense may request a person entitled to benefits under this Act to submit documents or objects necessary to change his/her status, degree of disability, and other benefits.
(2) Where the Minister of National Defense deems it necessary for the appropriate administration of benefits under this Act and other military pension systems, he/she may request State agencies, local governments, and other groups or organizations prescribed in Presidential Decree to provide data concerning resident registration, registration of family relations, national tax, local government tax, land, buildings, health insurance, registration of the disabled, and other data prescribed by Presidential Decree as necessary for surveys on income, etc., referred to in Article 21-2 (2) and other affairs related to the military pension. In such cases, a group or institution requested to submit the aforementioned data, etc. shall comply with such request, in the absence of special circumstances. <Amended by Act No. 12905, Dec. 30, 2014>
(3) With respect to data to be provided pursuant to paragraph (2), any usage fee, handling fee, etc. shall be exempted. <Newly Inserted by Act No. 12905, Dec. 30, 2014>
(4) In cases falling under paragraph (1), if a person entitled to benefits fails to comply with the request without just cause, the payment of benefits thereto may be suspended until he/she complies with such request.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 2 Retirement Pension or Retirement Pension in One Lump Sum
 Article 21 (Retirement Pension or Retirement Pension in One Lump Sum)
(1) Where a soldier retires from service after serving in the military for at least 20 years, a retirement pension shall be paid to him/her from that time until his/her death: Provided, That where he/she wishes, he/she may be paid a retirement pension in one lump sum in lieu of the retirement pension, or a retirement pension in one lump sum after deduction (hereinafter referred to as "lump sum payment after deduction") in lieu of the retirement pension for the period he/she wishes to be paid from his/her service period exceeding 20 years (where a person who used to receive a veteran's pension, retirement pension or early retirement pension has obtained approval for adding up the service periods under Articles 16 and 16-2, such service periods added up shall be included).
(2) A retirement pension shall be an amount equivalent to 19/1,000 of the average amount of standard monthly income for each year (each month of a period less than a year shall be calculated as 1/12 of one year; hereinafter the same shall apply) of the service period (where a recipient receives a lump sum payment after deduction, referring to the service period left after deducting the service period included in the calculation of a lump sum payment after deduction from the total service period). In such cases, the amount of the retirement pension shall not exceed 627/1,000 of the average amount of standard monthly income.
(3) A retirement pension in one lump sum shall be an amount calculated by adding the amount equivalent to 65/10,000 of the amount obtained by multiplying the amount of standard monthly income which includes the day before the retirement date by the number of every service year exceeding the number of years left by subtracting five years from the service period, to the amount equivalent to 975/1,000 of the amount calculated by multiplying the amount of standard monthly income of the month which includes the day before the retirement date by the number of service years (each one month for a period less than one year shall be calculated as 1/12 of one year; hereinafter the same shall apply). In such cases, the number of service years shall not exceed 33.
(4) A lump sum payment after deduction shall be an amount calculated by adding the amount equivalent to 65/10,000 of the amount calculated by multiplying the amount of standard monthly income of the month which includes the day before the retirement date by the number of every service year exceeding the number of years in military service for deduction, to the amount equivalent to 975/1,000 of the amount calculated by multiplying the amount of standard monthly income of the month which includes the day before the retirement date, by the number of service years that a soldier who retires from service wishes to include in the calculation of the lump sum payment after deduction (hereinafter referred to as "number of service years for deduction"). In such cases, the number of service years for deduction shall not exceed 13.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 21-2 (Suspension of Payment of Retirement Pension, and Relevant Matters)
(1) Where a beneficiary of a retirement pension is employed as a soldier, a public official, or a private school teacher or employee governed by this Act, the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act, the payment of all of the relevant pension shall be suspended during his/her service period.
(2) Where a recipient of a retirement pension has, in addition to his/her pension, business income under Article 19 (2) of the Income Tax Act (excluding business income prescribed by Presidential Decree) or earned income under Article 20 (2) of the same Act, and where the monthly average of each income or the total income (hereinafter referred to as "amount of monthly income" in this Article) exceeds the average amount of monthly wages in the preceding year, the payment on the basis of the following classification shall be suspended from the retirement pension. In such cases, the amount of suspended payment shall not exceed a half of the retirement pension:
Amount of monthly income exceeding the average monthly wage in the preceding year (amount of monthly income in excess)Amount of payment suspended
Less than 500,000 won10/100 of the amount of monthly income in excess of less than 500,000 won
Over 500,000 won less than 1 million won50,000 won plus 20/100 of the amount of monthly income in excess of 500,000 won
Over 1 million won less than 1.5 million won150,000 won plus 30/100 of the amount of monthly income in excess of 1 million won
Over 1.5 million won less than 2 million won300,000 won plus 40/100 of the amount of monthly income in excess of 1.5 million won
Over 2 million won500,000 won plus 50/100 of the amount of monthly income in excess of 2 million won
(3) The average amount of monthly wages referred to in paragraph (2) shall be the yearly average amount of the total wage of an employee in the report of labor statistics of every month prepared by the Minister of Employment and Labor pursuant to the Statistics Act on the basis of business or a place of business employing at least five regular employees (excluding agriculture, forestry, and fisheries).
(4) Matters necessary for the computation of the amount of monthly income and the average amount of monthly wages under paragraph (2) and methods for the suspension of payment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 3 Severance Pay in One Lump Sum
 Article 22 (Severance Pay in One Lump Sum)
(1) Where a soldier retires from service after serving in the military for less than 20 years, he/she shall be paid a severance pay in one lump sum.
(2) The severance pay in one lump sum for a person who has served in the military for at least 5 years but less than 20 years shall be an amount equivalent to 975/1,000 of the amount calculated by multiplying the standard monthly income of the month which includes the day before his/her retirement date, by the number of service years; and in cases of the service period exceeding five years, an amount equivalent to 65/10,000 of the amount calculated by multiplying the standard monthly income of the month which includes the day before his/her retirement date, by the number of every service year exceeding five shall be added.
(3) A severance pay in one lump sum for a person who has served in the military for at least one month but less than five years shall be an amount equivalent to 78/100 of the amount calculated by multiplying the standard monthly income of the month of the day before the retirement date by the number of service years.
(4) Where an amount calculated in accordance with paragraph (2) or (3) is less than an amount to be obtained by adding the interest specified under Article 379 of the Civil Act to the amount of already paid contributions, notwithstanding paragraph (2) or (3), a severance pay in one lump sum shall be the amount to be calculated by adding the interest specified in Article 379 of the Civil Act to the contributions, in lieu of the amount calculated pursuant to paragraph (2) or (3). <Newly Inserted by Act No. 13214, Mar. 11, 2015>
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 4 Pension for Wounds
 Article 23 (Pension for Wounds)
(1) Where a soldier retires because he/she becomes disabled due to a disease or injury sustained in the line of duty, or where a soldier becomes disabled due to such disease or injury after his/her retirement from service, he/she shall be paid a pension for wounds according to the following classifications from that time until he/she dies:
1. First grade: An amount equivalent to 5,200/10,000 of the amount of standard monthly income;
2. Second grade: An amount equivalent to 4,875/10,000 of the amount of standard monthly income;
3. Third grade: An amount equivalent to 4,550/10,000 of the amount of standard monthly income;
4. Fourth grade: An amount equivalent to 4,225/10,000 of the amount of standard monthly income;
5. Fifth grade: An amount equivalent to 3,900/10,000 of the amount of standard monthly income;
6. Sixth grade: An amount equivalent to 3,575/10,000 of the amount of standard monthly income;
7. Seventh grade: An amount equivalent to 3,250/10,000 of the amount of standard monthly income.
(2) Criteria for determination of the grade of a pension for wounds under paragraph (1) shall be prescribed by Presidential Decree.
(3) When a person who is or was a soldier has at least two disabilities at the same time in determining the grade of a pension for wounds, such disabilities shall be dealt with simultaneously, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 24 (Change of Grade of Pension for Wounds, etc.)
(1) If the degree of disability of a person entitled to a pension for wounds improves or becomes worse, the Minister of National Defense shall newly determine the grade of a pension for wounds after deliberation by the Military Pensions and Benefits Council when he/she requests a new determination or the Minister of National Defense acknowledges the improvement or a change for the worse of his/her disability. In such cases, the Minister of National Defense may conduct a physical examination to confirm the degree of disability of a beneficiary of a pension for wounds, as prescribed by Presidential Decree.
(2) When the degree of disability of a person entitled to a pension for wounds ceases to fall under the grade of a pension for wounds, his/her right shall be extinguished.
(3) Where the grade of a pension for wounds of a person entitled to a retirement pension is newly determined pursuant to paragraph (1) while he/she is being paid the pension for wounds pursuant to Article 19 (1), he/she may be paid a benefit favorable to him/her as he/she selects between a retirement pension and a pension for wounds following the grade of a pension for wounds newly determined, and when the right to a pension for wounds has been extinguished pursuant to paragraph (2), he/she shall be paid a retirement pension from the following month.
(4) Where a person entitled to a pension for wounds, whose service period is less than 20 years, becomes unable to receive the pension for wounds pursuant to paragraph (2), if the total amount of the pension for wounds he/she has already received is less than the amount of a severance pay in one lump sum he/she could have received in retirement from service, he/she shall be paid an amount equivalent to the difference.
(5) An amount equivalent to the difference paid pursuant to paragraph (4) shall be deemed a severance pay in one lump sum.
(6) Among those who become eligible to receive a pension for wounds pursuant to Article 23 (1), a person who has already received a severance pay in one lump sum, a retirement pension in one lump sum, or a lump sum payment after deduction, shall refund the severance pay in one lump sum, the retirement pension in one lump sum, or the lump sum payment after deduction with interest added thereto to the Military Pension Fund.
(7) The provisions of Article 16-2 (2) and (3) shall apply mutatis mutandis to the refund of interest and the procedure therefor under paragraph (6).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 25 (Suspension of Payment of Pension for Wounds)
The provisions of Article 21-2 shall apply mutatis mutandis to the suspension of payment, etc. of a pension for wounds.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 5 Survivor's Benefits
 Article 26 (Survivor's Pension)
(1) Where a person who is or was a soldier falls under any of the following cases, a survivor's pension shall be paid to his/her bereaved family:
1. Where the person entitled to a retirement pension has died;
2. Where the person entitled to a pension for wounds has died;
3. Where the person has died in the performance of public duties while in active service or died of a disease or from injury sustained in the line of duty.
(2) The amount of a survivors' pension referred to in paragraph (1) shall be as follows:
1. Where a person falls under paragraph (1) 1 or 2, an amount equivalent to 60/100 of either a retirement pension or a pension for wounds receivable by a person who is or was a soldier;
2. Where a soldier falling under paragraph (1) 3 has served for less than 20 years, an amount equivalent to 3,575/10,000 of the amount of standard monthly income as at the time of his/her death; and where he/she has served for at least 20 years, an amount equivalent to 4,225/10,000 of the amount of standard monthly income.
(3) Notwithstanding paragraph (2) 1, an amount equivalent to 70/100 of a retirement pension or a pension for wounds receivable by a person who is or was a soldier shall be paid to a person falling under Article 3 (2) or (3) (including a spouse, of a soldier or former soldier, under Article 3 (1) 4, who supports such person) among the bereaved family members.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 27 Deleted. <by Act No. 3397, Mar. 24, 1981>
 Article 28 (Survivor's Pension to Be Paid to Missing Persons)
Where a person entitled to a survivor's pension is missing for at least one year, if there is a person in the same order of priority, the relevant pension for the period for which he/she is missing shall be paid to the person in the same order of priority at the request of such person, and if there is no person in the same order of priority, the relevant pension for the period for which he/she is missing shall be paid to a person next in order of priority at the request of such person.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 29 (Loss of Right to Survivor's Pension)
(1) Where a person entitled to a survivor's pension falls under any of the following cases, he/she shall lose such right:
1. Where he/she dies;
2. Where he/she remarries (including where he/she is in a de facto matrimonial relationship);
3. Where his/her kinship with the dead soldier is terminated;
4. Where his/her child or grandchild not in the state of disability prescribed Presidential Decree attains 19 years of age;
5. Where the state of a person who has been receiving a survivor's pension due to the degree of disability prescribed by Presidential Decree is annulled.
(2) Where a person entitled to a survivor's pension loses such right, if there is a person in the same order of priority, the right shall be transferred to such person in the same order of priority, and if there is no person in the same order of priority, the right shall be transferred to a person in next order of priority.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 29-2 (Survivor's Pension Supplements)
(1) Where a soldier died while serving for at least 20 years, a survivor's pension supplement, in addition to a survivor's pension, shall be paid to his/her bereaved family.
(2) The amount of a survivor's pension supplement shall be an amount equivalent to a quarter of the amount calculated pursuant to Article 21 (3). In such cases, the number of service years shall not exceed 33.
(3) Articles 28 and 29 shall apply mutatis mutandis to the payment of a survivor's pension supplement.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 29-3 (Survivor's Pension in One Lump Sum)
(1) Where a person entitled to a retirement pension died while serving in the military, if his/her bereaved family wishes, a survivor's pension in one lump sum shall be paid to his/her bereaved family in lieu of a survivor's pension and a survivor's pension supplement.
(2) Article 21 (3) shall apply mutatis mutandis to the amount of a survivor's pension in one lump sum.
(3) Articles 28 and 29 shall apply mutatis mutandis to the payment of a survivor's pension in one lump sum.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 30 (Lump Sum Payment to Bereaved Family)
(1) Where a soldier died while serving for less than 20 years, a lump sum payment to the bereaved family shall be paid to his/her bereaved family. <Amended by Act No. 11632, Mar. 22, 2013>
(2) Article 22 (2) through (4) shall apply mutatis mutandis to the amount of a lump sum payment to the bereaved family under paragraph (1). <Amended by Act No. 11632, Mar. 22, 2013; Act No. 13214, Mar. 11, 2015>
(3) Deleted. <by Act No. 4705, Jan. 5, 1994>
(4) Articles 28 and 29 shall apply mutatis mutandis to the payment of a lump sum payment to the bereaved family. <Amended by Act No. 11632, Mar. 22, 2013>
 Article 30-2 Deleted. <by Act No. 4318, Jan. 14, 1991>
 Article 30-3 (Survivor's Pension Special Supplements)
(1) Where a person entitled to a retirement pension or pension for wounds (limited to a person who has served for at least 20 years) dies within three years from the month following the month which includes the day before his/her retirement date, a survivor's pension special supplement in addition to survivor's pension shall be paid.
(2) The amount of a survivor's pension special supplement shall be the amount calculated by multiplying a quarter of an amount equivalent to a retirement pension in one lump sum (where a person selects a lump sum payment after deduction, referring to a retirement pension in one lump sum applicable to the period for which he/she has selected a pension) as at the time of retirement from service by the following rate: [36 - (the number of months for which a retirement pension is receivable until his/her death pursuant to Article 17 (1))] ×1/36.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 5-2 Retirement Allowance
 Article 30-4 (Retirement Allowance)
(1) Where a soldier retires from service or dies after having served at least one year, a retirement allowance shall be paid.
(2) The amount of a retirement allowance under paragraph (1) shall be the amount calculated by multiplying the amount of standard monthly income by the rate prescribed by Presidential Decree, for each service year.
(3) Article 19-2 shall apply mutatis mutandis to the payment of a retirement allowance.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 5-3 Expenses for Medical Care of Disease or Injury Sustained in Line of Duty
 Article 30-5 (Expenses for Medical Care of Disease or Injury Sustained in Line of Duty)
(1) Where a soldier receives the following medical care for a disease or injury sustained in the line of duty, he/she shall be paid expenses for medical care of such disease or injury: <Amended by Act No. 15050, Nov. 28, 2017>
1. Diagnosis;
2. The provision of medicines, remedial materials, and prostheses;
3. First-aid, operation and other medical care;
4. Admittance to a hospital or sanitarium;
5. Nursing;
6. Transfer.
(2) Expenses for medical care of a disease or injury sustained in the line of duty paid pursuant to paragraph (1) shall be the amount required for such medical care of the disease or injury, where the period of actual medical care shall not exceed 2 years: Provided, That if there is a medical opinion that the necessity of continuous treatment remains after two years of actual medical care, the period of medical care may be extended for up to one year as prescribed by Presidential Decree. <Amended by Act No. 13630, Dec. 29, 2015>
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 30-6 (Medical Care Institutions)
A soldier shall receive medical care under Article 30-5 in a medical care institution (hereinafter referred to as "medical care institution") pursuant to Article 42 of the National Health Insurance Act.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 30-7 (Claim for and Payment of Expenses for Medical Care of Disease or Injury Sustained in Line of Duty)
(1) Where a medical care institution has provided medical care of a disease or injury sustained in the line of duty under Article 30-5, it shall claim expenses for such medical care calculated pursuant to Article 30-8 to the Minister of National Defense.
(2) The Minister of National Defense in receipt of a claim for expenses for medical care of a disease or injury sustained in the line of duty pursuant to paragraph (1) shall pay such expenses to a medical care institution.
(3) Notwithstanding the provisions of paragraphs (1) and (2), expenses for medical care of a disease or injury sustained in the line of duty prescribed by Presidential Decree may be directly paid to a person who caught such disease or sustained such injury.
(4) The Minister of National Defense may entrust a relevant specialized institution with part of duties of medical care benefits, such as claiming for and payment of medical care expenses of a disease or injury sustained in the line of duty under the provisions of paragraphs (1) through (3), and matters necessary for the scope of entrustment of duties, institutions eligible for entrustment and the payment of expenses incurred for entrustment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 30-8 (Calculation of Expenses for Medical Care of Diseases or Injuries Sustained in Line of Duty)
(1) Where a soldier is unable to receive medical care provided for in Article 30-5 in a military hospital on the grounds that he/she falls under any of the circumstances prescribed by Presidential Decree, expenses for medical care of a disease or injury sustained in the line of duty shall be the amount calculated according to the following classifications: <Amended by Act No. 15050, Nov. 28, 2017>
1. Medical care expenses calculated pursuant to Article 45 of the National Health Insurance Act;
2. Medical care expenses calculated pursuant to Article 40 of the Industrial Accident Compensation Insurance Act, which exceeds medical care expenses calculated pursuant to Article 45 of the National Health Insurance Act, or which are incurred for medical care other than medical care under the same Article;
3. Medical care expenses prescribed by Presidential Decree, which exceeds medical care expenses calculated pursuant to subparagraphs 1 and 2 or which is incurred for medical care not within the said scope.
(2) Where a soldier does not fall under any of the grounds referred to in paragraph (1), expenses for medical care of a disease or injury sustained in the line of duty shall be the amount payable by the National Health Insurance Service (referring to the insurer of national health insurance provided for in Article 13 of the National Health Insurance Act) out of the costs of health care benefit calculated pursuant to Article 45 of the National Health Insurance Act. <Newly Inserted by Act No. 15050, Nov. 28, 2017>
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 30-9 (Special Case of Payment of Expenses for Medical Care of Disease or Injury Sustained in Line of Duty)
(1) Where a soldier receives medical care under Article 30-5 in a medical institution other than the medical care institution due to an urgent need or other unavoidable circumstances, expenses for medical care of a disease or injury sustained in the line of duty may be paid to him/her only where the Minister of National Defense approves therefor.
(2) The provisions of Article 30-8 shall apply mutatis mutandis to the calculation of expenses for medical care of a disease or injury sustained in the line of duty referred to in paragraph (1).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 30-10 (Additional Medical Care)
(1) Where a soldier who was paid expenses for medical care of a disease or injury sustained in the line of duty under Article 30-5 is cured, but his/her disease or injury subject to the medical care recurs or becomes aggravated, and where there is a medical option for treatment to cure the recurring or aggravated disease or injury, he/she may apply for additional medical care.
(2) Where a soldier who has applied for additional medical care pursuant to paragraph (1) may re-obtain any of the medical cares provided for in paragraph (1) after deliberation by the Military Pension and Benefits Council.
(3) The provisions of Article 30-5 (2) shall be applied mutatis mutandis to the period of additional medical care under paragraphs (1) and (2), and the extension of such period, whereas requirements and procedures for the additional medical care and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13630, Dec. 29, 2015]
SECTION 6 Compensation for Death and Compensation for Disability
 Article 31 (Compensation for Death)
(1) Where a soldier dies in the line of duty, his/her bereaved family shall be paid compensation for death.
(2) The amount of compensation for death under paragraph (1) shall be based on the following classifications: Provided, That where the amount under subparagraphs 1 and 2 is less than the amount under subparagraph 3, such payment shall be the amount under subparagraph 3: <Amended by Act No. 13214, Mar. 11, 2015>
1. Death in battle: An amount equivalent to 577/10 of the average amount of standard monthly incomes of all public officials;
2. Line of Special Duty Death: An amount equivalent to 442/10 of the average amount of standard monthly incomes of all public officials;
3. Death falling under Article 26 (1) 3, other than subparagraph 1 or 2: An amount equivalent to 234/10 of the amount of standard monthly income.
(3) Notwithstanding Article 18 (1) 4, where the amount of standard monthly income of a soldier who died of a reason referred to in paragraph (2) 3 is less than 1,042/1,000 of the average amount of standard monthly incomes of all public officials, compensation for death shall be calculated, as an amount equivalent to 1,042/1,000 of the average amount of standard monthly incomes of all public officials is deemed the amount of standard monthly income. <Amended by Act No. 13214, Mar. 11, 2015>
(4) Where a soldier died while serving in a foreign country (referring to service during the dispatch period to the foreign country prescribed by Presidential Decree; hereinafter the same shall apply), he/she shall be additionally paid the amount prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 32 (Compensation for Disability)
(1) Where a soldier retires from service with diagnosed physical or mental disability due to a disease or injury sustained while serving in the military (including cases where he/she is diagnosed with physical or mental disability within six months after retirement from service), he/she shall be paid compensation for disability according to the following classifications: Provided, That compensation for disability referred to in subparagraph 4 shall be paid only where he/she has retired from service due to a disease or injury sustained in the line of duty:
1. First grade: 78/10 of the amount of standard monthly income;
2. Second grade: 52/10 of the amount of standard monthly income;
3. Third grade: 39/10 of the amount of standard monthly income;
4. Fourth grade: 26/10 of the amount of standard monthly income.
(2) Criteria for determination of the grade of compensation for disability under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense.
(3) The amount of standard monthly income under paragraph (1) shall be the standard monthly income of a soldier in the month which includes the day before the date of his/her retirement: Provided, That where the amount of standard monthly income is less than 419/1,000 of the average amount of standard monthly incomes of all public officials, compensation for disability shall be calculated, as an amount equivalent to 419/1,000 of the average amount of standard monthly incomes of all public officials is deemed the amount of standard monthly income. <Amended by Act No. 13214, Mar. 11, 2015>
(4) Where compensation for disability under paragraph (1) is paid to a soldier due to a disease or injury sustained while serving in a foreign country, he/she shall be additionally paid the amount prescribed by Presidential Decree.
(5) Matters necessary for the payment of compensation for disability, other than those provided for in paragraphs (1) through (4), shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11632, Mar. 22, 2013]
SECTION 6-2 Condolence Money and Disaster Aid Money
 Article 32-2 (Condolence Money)
(1) In any of the following cases, a soldier shall be paid condolence money. In such cases, if there are at least two soldiers entitled to the condolence money, it shall be paid to one soldier prescribed by Presidential Decree, but if there is another soldier, who supports dependents, the condolence money shall be paid to such soldier:
1. Where a spouse or child, of the soldier, dies;
2. Where a lineal ascendant of the soldier or his/her spouse (a lineal ascendant, other than his/her parents, shall be limited to a person whom he/she supports) dies.
(2) Where a soldier dies, condolence money shall be paid to his/her spouse, and where he/she has no spouse, condolence money shall be paid to a person performing a funeral service and ancestral ritual.
(3) Condolence money provided for in paragraph (1) shall be an amount equivalent to 65/100 of the average amount of standard monthly incomes of all public officials. <Amended by Act No. 13214, Mar. 11, 2015>
(4) Condolence money under paragraph (2) shall be an amount equivalent to 195/100 of the amount of standard monthly income of a relevant soldier.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 32-3 (Disaster Aid Money)
(1) Where a soldier incurred loss of property due to flood, fire, or any other disaster, he/she shall be paid disaster aid money within an amount equivalent to four times the average amount of standard monthly incomes of all public officials. <Amended by Act No. 13214, Mar. 11, 2015>
(2) The scope of disasters referred to in paragraph (1) and the amounts of aid depending on the severity of disaster shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 7 Restrictions on Benefits
 Article 33 (Restrictions on Benefits due to Penalty, etc.)
(1) In any of the following cases, a person who is or was a soldier shall be paid a reduced retirement benefit and retirement allowance as prescribed by Presidential Decree. In such cases, the amount of the retirement benefit shall not be reduced to less than the amount calculated by adding the interest specified in the Civil Act to the total amount of contributions already paid: <Amended by Act No. 12788, Oct. 15, 2014>
1. Where he/she has been finally and irrevocably sentenced to imprisonment without labor or greater punishment due to a reason (excluding a reason which occurred due to negligence not related to his/her duties or due to negligence committed while complying with an order lawfully issued by his/her superior) which occurred during his/her service in the military;
2. Where he/she is removed by disciplinary action;
3. Where he/she is dismissed in disgrace for receiving money or valuables, and entertainment, or misappropriation or embezzlement of public funds.
(2) When any of the reasons for restriction on benefits provided for in paragraph (1) ceases to exist retroactively due to a review, etc. of a relevant final and conclusive judgement, such benefits shall be paid with interests specified by Presidential Decree added to the difference not paid in accordance with paragraph (1). <Newly Inserted by Act No. 15050, Nov. 28, 2017>
(3) Where an investigation or a criminal trial is proceeding due to a crime for which he/she may be sentenced to imprisonment without labor or greater punishment due to a reason (excluding a reason which occurred due to negligence not related to his/her duties or due to negligence committed while complying with an order lawfully issued by his/her superior) which occurred during the service in the military, the payment of some of a retirement benefit and retirement allowance may be suspended, as prescribed by Presidential Decree. In such cases, when his/her reason that restricts benefits ceases to exist, he/she shall be paid the remaining balance with interest prescribed by Presidential Decree added thereto.
(4) Where he/she has been finally and irrevocably sentenced to imprisonment without labor or greater punishment because he/she committed a crime provided in Chapters I and II of Part II of the Criminal Act, Chapters I and II of Part II of the Military Criminal Act, the National Security Act (excluding Article 10), and the Military Secret Protection Act (limited to Articles 13-2 and 15) due to a reason which arose during the service in the military, he/she shall refund the amount calculated by adding the interest specified in Article 379 of the Civil Act to the total contributions already paid, and shall not be paid benefits. <Amended by Act No. 12788, Oct. 15, 2014; Act No. 15050, Nov. 28, 2017>
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
[Paragraph (2) of this Article, which was determined to be inconsistent with the Constitution by the Constitutional Court on Jul. 28, 2016, is newly inserted by Act No. 15050, Nov. 28, 2017.]
 Article 34 (Restrictions on Benefits due to Willful Conduct, Gross Negligence, etc.)
(1) No person subject to this Act, who has acquired his/her entitlement to benefits by causing a disease, injury, disability, or accident, shall be paid any of the relevant benefits: Provided, That the relevant benefits shall be paid where the aforementioned disease, injury, disability, or accident has occurred due to his/her conduct while his/her normal cognitive capability, etc. was noticeably impaired and any of the causes prescribed by Presidential Decree exists. <Amended by Act No. 13214, Mar. 11, 2015>
(2) Where a person entitled to a survivor's benefit has intentionally caused the death of a soldier, former soldier, or a person receiving a survivor's benefit, no survivor's benefit shall be paid to him/her. The same shall also apply where a person otherwise entitled to a survivor's pension due to the death of a soldier or former soldier has intentionally caused the death of another person in the same or higher order of priority before the soldier or former soldier dies.
(3) Where a person entitled to benefits under this Act falls under any of the following cases, the full or part payment of his/her benefits may be omitted, as prescribed by Presidential Decree: Provided, That he/she shall be paid all expenses for medical care of an injury or disease sustained due to an accident occurring while performing his/her duty unless he/she has caused such accident intentionally; and even where he/she intentionally causes the relevant accident, but if the accident has occurred due to his/her conduct while his/her normal cognitive capability, etc. was noticeably impaired and any of the causes prescribed by Presidential Decree exists, he/she shall be paid all expenses for medical care of the injury or disease: <Amended by Act No. 13214, Mar. 11, 2015>
1. Where he/she falls under any of the following cases because he/she fails to comply with instructions for medical care by gross negligence or without just cause:
(a) Where he/she causes a disease, injury, or disability;
(b) Where he/she aggravates the degree of a disease, injury, or disability;
(c) Where he/she impedes recovery from a disease, injury, or disability;
(d) Where he/she dies;
2. Where he/she intentionally aggravates the degree of a disease, injury, or disability or impedes recovery therefrom: Provided, That this shall not apply where the aforementioned aggravation or impediment has been caused by his/her conduct while his/her normal cognitive capability, etc. was noticeably deteriorated and any of the causes prescribed by Presidential Decree exists.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 35 (Restrictions on Benefits for Noncompliance with Physical Examination)
Where a person who shall receive a physical examination pertaining to the payment of benefits under this Act fails to do so without just cause, the part payment of his/her benefits may be omitted as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 35-2 (Restrictions on Payment of Compensation for Death and Compensation for Disability)
No compensation for death or disability shall be paid to any of the following persons: <Amended by Act No. 13214, Mar. 11, 2015; Act No. 15050, Nov. 28, 2017>
1. A person falling under Article 33 (1) or (4);
2. A person in whose case a reason for the payment of compensation for death or disability has occurred due to his/her willful conduct or gross negligence: Provided, That this shall not apply where the reason for the said payment has occurred due to his/her conduct while his/her normal cognitive capability, etc. was noticeably deteriorated and any of the causes prescribed by Presidential Decree exists;
3. A person who catches a disease, sustains an injury, or dies after he/she deserted from military service or went absent without leave;
4. A person who catches a disease or sustains an injury due to a reason, other than public duties, whose service period (excluding the period of hospitalization) is less than one year;
5. A person who becomes entitled to compensation for death or disability, from the Government, apart from compensation for death under Article 31 and compensation for disability under Article 32, among those who catch a disease, sustain an injury, or die while serving in a foreign country.
[This Article Newly Inserted by Act No. 11632, Mar. 22, 2013]
CHAPTER III FUND AND BEARING EXPENSES
 Article 36 (Principles of Bearing Expenses)
(1) Expenses incurred for benefits under subparagraphs 1 through 4 and 7 through 10 of Article 6 and benefits under subparagraph 6 of the same Article (limited to cases where benefits fall under Article 26 (1) 1; hereinafter the same shall apply in this paragraph) shall be borne by military personnel and the State. In such cases, expenses incurred for benefits shall be recalculated at least every five years to maintain the financial balance.
(2) Expenses incurred for benefits in addition to the benefits referred to in paragraph (1) shall be borne by the State.
(3) Expenses incurred pursuant to Article 16 (4) shall be borne by the State.
(4) Expenses incurred in conducting affairs for pensions shall be borne by the State.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 37 (Establishment and Creation of Military Pension Fund)
(1) The Military Pension Fund (hereinafter referred to as the "Fund") shall be established to raise funds necessary for operating the military pension system under this Act.
(2) The Fund shall be raised by contributions, apportioned amounts, compensatory grants, legal reserves, proceeds from the operation of the Fund, borrowings or money transferred from other Funds or Accounts, and other revenues.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 37-2 (Accumulation of Legal Reserves)
(1) The State shall accumulate legal reserves in the Fund within budgetary limits for the stability of the Military Pension Fund.
(2) When any surplus accrues as a result of the settlement of the account of the Fund in each fiscal year, such surplus shall be accumulated as a legal reserve.
(3) When the Fund falls short of funds in a circumstance falling under any of the following cases in relation to the payment of benefits under this Act, it may use legal reserves:
1. Where the government budget has been allocated insufficiently;
2. Where the number of veterans or claimant for a retirement pension in one lump sum has exceeded the estimated number when the budget was compiled;
3. Where an unexpected reason prescribed by Presidential Decree has occurred.
(4) The legal reserve used pursuant to paragraph (3) shall be re-accumulated by reflecting it in compensatory grants of the second following year.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 37-3 (Management and Operation of Fund)
(1) The Fund shall be managed and operated by the Minister of National Defense.
(2) The Fund shall be operated in the following ways, and it shall secure the maximum profit:
1. The acquisition and disposition of properties or the management of welfare services aimed at improving the welfare of soldiers;
2. Depositing money in financial institutions, etc. or in the financial fund;
3. The purchase of securities issued or the fulfillment of obligation of which are guaranteed by the State, local governments, or financial institutions;
4. Other business prescribed by Presidential Decree to increase the Fund.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 37-4 (Purposes of Fund)
The Fund shall be used for the following purposes:
1. The payment of benefits and returned money and the refund of contributions pursuant to this Act;
2. The repayment of borrowings and payment of interest thereof;
3. Other expenses necessary for the operation of the pension system for soldiers.
[This Article Newly Inserted by Act No. 8151, Dec. 30, 2006]
 Article 38 (Contributions)
(1) Each soldier shall pay a contribution for each month from the month which includes the date of his/her appointment as a soldier to the month which includes the day before the date of his/her retirement or death, and methods and procedures for such payment shall be prescribed by Presidential Decree.
(2) A contribution referred to in paragraph (1) shall be an amount equivalent to 70/1,000 of the amount of standard monthly income. In such cases, the standard monthly income shall not exceed 180/100 of the average amount of standard monthly incomes of all public officials. <Amended by Act No. 13214, Mar. 11, 2015>
(3) A person whose service period is included in his/her service period pursuant to Article 16 (5) shall pay, for such included period, retroactive contributions in an amount equivalent to the contributions for the relevant months, from the month following the month which includes the date on which the included period is approved by the Minister of National Defense. In this regard, when the relevant soldier retires from service or dies in the course of paying his/her retroactive contributions, the remaining retroactive contributions calculated on the basis of the amount of standard monthly income as at his/her retirement or death shall be deducted from the relevant retirement benefits or survivor's benefits.
(4) Where a person who pays retroactive contributions in accordance with the former part of paragraph (3) intends to pay the same in a lump sum, he/she may pay in a lump sum the remaining retroactive contributions outstanding to be calculated based on the amount of contributions in the month of his/her intended payment. <Newly Inserted by Act No. 12905, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 38-2 (Disposition of Contributions Excessively Paid or Unpaid)
(1) Contributions paid excessively or insufficiently may be added or subtracted when a contribution is collected next time.
(2) Criteria for calculation of contributions to be added or subtracted pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 39 (Apportioned Amount)
The amount apportioned to the State pursuant to Article 36 (1) shall be equivalent to 70/1,000 of the budget for pays of each fiscal year prescribed by Presidential Decree, and methods and procedures for payment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 39-2 (Compensatory Grants)
Where expenses incurred for benefits pursuant to this Act cannot be funded with contributions and the apportioned amount, the State shall bear such shortage.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 40 Deleted. <by Act No. 8151, Dec. 30, 2006>
 Article 40-2 (Transfer of Amount of Pension)
(1) Where a beneficiary of a retirement pension or an early retirement pension has retired or died after he/she was employed as a soldier and obtained approval for adding up his/her service periods pursuant to Articles 16 and 16-2, the Government Employees Pension Service or the Private School Teachers Pension Service shall transfer to the Fund an amount equivalent to a retirement pension, an early retirement pension, or a survivor's pension (including the amount receivable pursuant to Article 14, and a survivor's pension supplement and a survivor's pension special supplement) that he/she or his/her bereaved family (including a person entitled to receive benefits pursuant to Article 14) is entitled to receive pursuant to the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act.
(2) Methods of calculating the amount to be transferred under paragraph (1) and the deadline for transfer shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 41 (Adjustment of Benefits under Other Statutes)
(1) No person who has received benefits of the same kind as those under this Act (excluding patriots or veterans benefits under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State or the Act on Support for Persons Eligible for Veteran’s Compensation) at the expense of the State or a local government pursuant to other statutes shall be paid benefits under this Act for an amount equivalent to such benefits.
(2) When benefits are paid for a reason that occurred due to an act of a third person, the Minister of National Defense shall acquire a claim for damages that the beneficiary has against the third person to the extent of the amount prescribed by Presidential Decree out of the amount of such benefits: Provided, That where the third person is a spouse, or lineal ascendant or descendant of the relevant soldier or the person who was a soldier, or a soldier in the performance of his/her official duties, the Minister of National Defense need not exercise all or some of the claim for damages after deliberation by the Military Pensions and Benefits Council.
(3) When the beneficiary referred to in paragraph (2) has already received damages from the third person for the same reason, the Minister of National Defense shall not pay benefits to the extent of such damages.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 41-2 Deleted. <by Act No. 3957, Nov. 28, 1987>
 Article 42 (Matters to Be Reported)
Where any of the following reasons or facts exists, a person shall report such reason or fact to the Minister of National Defense, as prescribed by Presidential Decree:
1. A reason for suspending the payment of a pension referred to in Article 21-2 (1) (including cases where it is applied mutatis mutandis pursuant to Article 25);
2. The fact of the death of a beneficiary of a pension referred to in Article 26;
3. A reason for losing entitlement to a pension referred to in Article 29;
4. A reason for restricting benefits referred to in Article 33.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
 Article 43 Deleted. <by Act No. 11632, Mar. 22, 2013>
ADDENDA
(1) This Act shall enter into force on January 1, 1963.
(2) The provisions of other statutes contrary to this Act shall lose their effect.
(3) The person entitled to a retirement pension as prescribed by previous Acts as at the time this Act enters into force shall be regarded as one entitled to a retirement pension as prescribed by this Act, and the benefit shall be adjusted on the basis of this Act.
(4) A person who retired before this Act enters into force and whose entitlement to a benefit (excluding a retirement pension) is not confirmed shall be subject to the previous examples regardless of the provisions of this Act.
(5) Where a soldier who participated in combat action before this Act enters into force is in the military service as at the time this Act enters into force, two times the period during which he/she participated in the combat action shall be added to his/her service period: Provided, That the period and the scope of persons who participated in combat action shall be determined by the Cabinet Ordinance.
ADDENDA <Act No. 2173, Jan. 1, 1970>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1970.
(2) (Transitional Measures concerning Retroactive Contributions) A soldier who is in the service as at the time this Act enters into force and was appointed during the period between August 15, 1948 and December 31, 1959 shall pay after 1970, an amount equivalent to 35/1,000 of his/her monthly salary as contributions for the period from the date on which he/she was appointed to December 31, 1959, until he/she retires or dies.
(3) (Transitional Measures concerning the Overpaid Amount) A person, as a beneficiary as at the time this Act enters into force, who received an excessive pension benefit before this Act enters into force shall refund the overpaid amount to the National Treasury within not exceeding one year from the enforcement date of this Act. In such cases, the interest as prescribed in Article 21 (4) shall not be added to the amount to be refunded.
ADDENDA <Act No. 2629, Oct. 10, 1973>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The right of a person who belongs to the Marine Corps as at the time this Act enters into force shall be approved by the Chief of Naval Operations pursuant to the provisions of Article 10.
ADDENDA <Act No. 2728, Dec. 26, 1974>
(1) (Enforcement Date) This Act shall enter into force on March 1, 1975.
(2) (Transitional Measures concerning Beneficiary) With respect to a beneficiary as at the time this Act enters into force, the provisions of Articles 3 (3), 21 (3) and (4), and 25 shall apply only to the pension on or after the enforcement date of this Act in case of the beneficiary as at the time this Act enters into force.
ADDENDUM <Act No. 3203, Dec. 28, 1979>
This Act shall enter into force on January 1, 1980: Provided, That the provisions concerning the bonus indicated in Article 3 (1) 1 and the allowance determined by Presidential Decree shall apply on July 1, 1980.
ADDENDA <Act No. 3397, Mar. 24, 1981>
(1) (Enforcement Date) This Act shall enter into force on April 1, 1981.
(2) (Transitional Measures) The proviso to Article 21 (2) shall also apply only to a pension to be paid on or after the enforcement date of this Act in case of a beneficiary of a retirement pension who retires before this Act enters into force.
ADDENDA <Act No. 3493, Dec. 31, 1981>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1982.
(2) (Classification of Application to Retirees, etc.) The proviso to Article 18 (1) shall begin applying from the benefit which is a pension to be paid after July 1, 1982 in cases of the bereaved family of a person who retires or dies before this Act enters into force.
ADDENDA <Act No. 3587, Dec. 28, 1982>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1983: Provided, That the amended provisions of Articles 16 (5) and 38 (2) shall enter into force on the date prescribed by Presidential Decree after the system of inclusion and adjustment of the service period of all ranks such as an officer, a warrant officer, a noncommissioned officer, and a soldier in determining an initial salary class of a soldier, as prescribed in Article 9 of the Military Personnel Remuneration Act, is provided.
(2) (Transitional Measures concerning Occurrence of Occasion for Benefit) The benefit for a person to whom an occasion for a benefit occurs before this Act enters into force shall be based upon the previous provisions.
(3) (Transitional Measures concerning Inclusion of Military Service Period) A person who is in service as at the time this Act (referring to the amended provisions of Articles 16 (5) and 38 (2) which shall enter into force pursuant to the proviso to paragraph (1); hereinafter, the same shall apply in this paragraph) enters into force and whose service period is included in his/her service period pursuant to Article 16 (5) shall pay, for such included period, retroactive contributions in an amount equivalent to the contributions for the relevant months, from the month which includes the date on which this Act enters into force. In this regard, the relevant soldier retires or dies in the course of paying his/her retroactive contributions, the remaining retroactive contributions calculated on the basis of the monthly remuneration as at his/her retirement or death shall be deducted from the relevant retirement benefits or bereaved family benefit.
ADDENDA <Act No. 3759, Dec. 31, 1984>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1985.
(2) (Transitional Measures concerning Deduction of Money Earmarked for Insurance Premium) The person who received a lump sum of a retirement pension pursuant to the provisions of Article 21 (1) before this Act enters into force and desires to be an insured person as prescribed by the Act on the Medical Insurance for Public Officials and Private School Teachers and Staff shall pay to the Minister of National Defense the money earmarked for the insurance premium based upon the provisions of Article 21-2, pursuant to the Presidential Decree.
(3) (Transitional Measures concerning Occurrence of Occasion for Benefit) The benefit for the person to whom an occasion for a benefit occurs before this Act enters into force shall be pursuant to the previous provisions.
ADDENDUM <Act No. 3957, Nov. 28, 1987>
This Act shall enter into force on January 1, 1988.
ADDENDA <Act No. 4034, Dec. 29, 1988>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Occurrence of Occasion for Benefit)
A benefit for a person to whom an occasion for the benefit occurs before this Act enters into force shall be pursuant to the previous provisions except for the amended provisions of Article 41.
Article 3 (Transitional Measures concerning Suspension of Payment of Pension)
(1) A pension which a beneficiary before this Act enters into force receives after this Act enters into force regardless of the provisions of Article 2 of the Addenda shall be in accordance with the amended provisions of Article 21 (5) 1: Provided, That a person who has worked for the school as prescribed in Article 3 of the Private School Teachers' Pensions Act from the time before this Act enters into force does not have the length of his/her service included as prescribed in Article 32 (1) of the Private School Teachers' Pension Act, this provision shall not apply.
(2) Where a person who has received the pension pursuant to the provisions of the proviso to paragraph (1) desires to have the length of his/her service period included as prescribed in Article 32 (1) of the Private School Teachers' Pension Act, he/she shall return the pension he/she has received after this Act entered into force and its interest as determined by Presidential Decree.
ADDENDA <Act No. 4318, Jan. 14, 1991>
(1) (Enforcement Date) This Act shall enter into force on October 1, 1991.
(2) (Transitional Measures concerning Occurrence of Occasion for Benefit) A benefit for the person to whom an occasion for the benefit occurs before this Act enters into force shall be pursuant to the previous provisions.
(3) (Transitional Measures concerning Calculation of Service Period) The amended provisions of Article 16 (10) and (11) shall not apply to the payment of a retirement allowance in case of a person who is in service as at the time this Act enters into force. But, from the period of temporary retirement from office (excluding the temporary retirement from office for the reasons indicated in the provisions of Article 16 (11)), the period of the cancellation of official position, and the suspension period after this Act enters into force, a half of each period shall be subtracted.
(4) (Transitional Measures concerning Repayment at Time of Inclusion of Service Period) Where a person in service as at the time this Act enters into force returns a repayment after having his/her service period included, he/she shall return it as well as the retirement benefit supplement as prescribed in the previous provisions.
ADDENDA <Act No. 4454, Dec. 27, 1991>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The calculation of the service period of a beneficiary as at the time this Act enters into force shall be pursuant to the previous provisions regardless of the amended provisions of Article 16 (8).
ADDENDA <Act No. 4705, Jan. 5, 1994>
(1) (Enforcement Date) This Act shall enter into force on July 1, 1994: Provided, That the amended provisions of Articles 30-5 through 30-9 shall enter into force as from the date when a soldier comes to receive medical care benefit pursuant to the Act on the Medical Insurance for Public Officials and Private School Teachers and Staff.
(2) (Transitional Measures concerning Occurrence of Occasion for Benefit) A benefit for the person to whom an occasion for the benefit occurs before this Act enters into force shall be pursuant to the previous provisions.
(3) (Transitional Measures concerning Prescription) Notwithstanding the amended proviso to Article 8, the previous provision shall govern an entitlement to a benefit which arose before this Act enters into force.
ADDENDA <Act No. 5063, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1996: Provided, That the amended provisions of Article 21 (5) shall enter into force on January 1, 2000.
Article 2 (Transitional Measures concerning Occurrence of Occasion for Benefit)
A benefit for the person to whom an occasion for the benefit occurs before this Act enters into force shall be pursuant to the previous provisions.
Article 3 (Transitional Measures concerning Scope of Bereaved Family Members)
The spouse, children (including an unborn child on December 31, 1995), parents, grandchildren (including an unborn child on December 31, 1995), and grandparents whom a soldier or a veteran marries, gives birth to, or is adopted by before this Act enters into force after he/she retires before December 31, 1995 shall be pursuant to the previous provisions regardless of the amended provision of Article 3 (1) 4.
Article 4 (Transitional Measures concerning Inclusion of Service Period)
A soldier who is in service on December 31, 1995, and falls under Article 16 (6) may request the inclusion of his/her service period not later than December 31, 1997, regardless of the amended provisions of Article 16 (7).
Article 5 (Special Cases concerning Suspension of Payment of Retirement Pension, etc.)
The amended provision of Article 21 (5) (including the case where the aforesaid provisions shall apply mutatis mutandis under Article 25) shall also apply to a person to whom an occasion for a benefit occurs before December 31, 1999.
ADDENDA <Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force at the expiration of six months after its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5482, Dec. 31, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1998. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6290, Dec. 26, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6327, Dec. 30, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001: Provided, That the amended provisions of Article 30-7 shall enter into force on January 1, 2002, and the amended provisions of Articles 21 (5) and (6), 21-2 on the date prescribed by Presidential Decree but within 5 years.
Article 2 (General Transitional Measures on Occurrence of Causes for Benefits)
With respect to the benefits to the person for whom the causes for benefits occurred prior to the enforcement of this Act, the previous provisions shall apply.
Article 3 (Transitional Measures on Application of Average Monthly Remuneration)
The average monthly remuneration under the amendments to Article 3 (1) 2 shall be computed on the basis of the service period after the enforcement of this Act, the service period or period in office included under Article 16 (6) after the enforcement of this Act.
Article 4 (Transitional Measures on Inclusion of Military Service Period before Appointment)
With respect to the inclusion of military service period before an appointment for those who are in office as of December 31, 2000, the previous provisions shall apply, notwithstanding the amendments to Article 16 (5).
Article 5 (Transitional Measures on Adjustment of Pension Amount)
(1) The pension amount of the recipient of pension as of December 31, 2000 shall be adjusted by the amendments to Article 17-2 on the basis of the pension amount as of December 31, 2000.
(2) Notwithstanding the amendments to Article 17-2 (3), the first adjustment of pension amount after the enforcement of this Act shall be made two years after the enforcement of this Act.
Article 6 (Transitional Measures on Payment Suspension of Retirement Pensions, etc.)
The amended provisions of Article 21-2 (including the cases where the aforesaid provisions shall apply mutatis mutandis under Article 25) shall also apply to a person for whom a cause for a benefit occurred prior to the enforcement date of the same provisions.
Article 7 Omitted.
ADDENDUM <Act No. 6785, Dec. 18, 2002>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2003.
(2) (Transitional Measures on Adjustment of Pension Amount) Notwithstanding the adjustment under the amendments to Article 17-2 (3), when an inverting phenomenon occurs in the amount of benefit which is a pension between the upper and lower ranks of the same continuous years of service, such phenomenon shall be resolved through an extra replenishing.
ADDENDA <Act No. 7873, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 8023, Oct. 4, 2006>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures on Occurrence of Payment Reasons) The previous provisions shall govern the allowances for the person to whom the reasons for payment of allowances have occurred prior to the enforcement of this Act: Provided, That the amended provisions of Article 21-2 shall also apply to the person to whom the reasons for allowances have occurred prior to the enforcement date of the same provisions.
ADDENDA <Act No. 8081, Dec. 26, 2006>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Application Example concerning Calculation of Service Period for Payment of Retirement Allowances) The amended provisions of Article 16 (11) 2-2 shall apply, starting with the temporary retirement for which an application is first filed after the enforcement of this Act.
ADDENDA <Act No. 8151, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Article 2 (Abrogation of Other Act)
Article 3 (Transitional Measures concerning Fund)
The Fund for Veterans' Pension that is established pursuant to the previous Act on the Special Accounts for Veterans' Pensions as at the time this Act enters into force shall be deemed the legal liability reserve provided for in the provisions of Article 37-2 (1).
Article 4 (Transitional Measures concerning Settlement of Accounts)
(1) The settlement of accounts of the Special Accounts for Veterans' Pensions of the 2006 fiscal year shall be governed by the previous provisions.
(2) Any surplus resulting from the settlement of accounts of the Special Accounts for Veterans' Pensions of the 2006 fiscal year shall be accumulated as the legal liability reserve of the Fund of the 2007 fiscal year.
Article 5 (Succession of Properties, etc.)
The properties, claims and debts of the Special Accounts for Veterans' Pensions shall be succeeded by the Fund on the date when this Act enters into force.
Article 6 Omitted.
ADDENDA <Act No. 8373, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 43 Omitted.
ADDENDA <Act No. 8694, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2008. (Proviso Omitted.)
Articles 2 through 26 Omitted.
ADDENDA <Act No. 8732, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9904, Dec. 31, 2009>
This Act shall enter into force on January 1, 2010.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10649, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Payment of Pension for Wounds)
The amended provisions of Article 23 (1) shall also apply to persons who retired from service and become disabled before this Act enters into force. In such cases, a relevant pension for wounds provided for in the amended provisions of Article 23 (1) shall be paid for a benefit that accrues on or after the enforcement date of this Act, notwithstanding the provisions of Article 17.
[This Article Newly Inserted by Act No. 15050, Nov. 28, 2017]
[This Article is newly inserted due to the enforcement date of the Addendum which was concluded by the Constitutional Court as unconformable to the Constitution in December 29, 2016 under the Act No. 15050, Nov. 28, 2017]
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 11632, Mar. 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the first day of the following month of the date when three months have elapsed after its promulgation.
Article 2 (Applicability to Adding Period Served as Officer Candidate who Volunteered during Military Service to Service Periods, and Relevant Matters)
(1) The amended provisions of subparagraph 3 of Article 2 and Article 16 (2) shall also apply to a person who has volunteered and served as a officer candidate during military service before this Act enters into force, who is a soldier in service as at the time this Act enters into force, or a person in the status of an officer candidate who volunteered during military service as at the time this Act enters into force.
(2) A person who intends to add up a period he/she has served as an officer candidate who volunteered during military service to the service period referred to in Article 16 (1) before this Act enters into force shall submit an application for adding up the service periods to the Minister of National Defense.
(3) A person who has applied for adding pursuant to paragraph (2) shall pay a retroactive contribution every month in the amount same as the contribution for the relevant month from the month to which the enforcement date of this Act belongs. In such cases, when the relevant soldier has retired from service or died in the course of paying such retroactive contribution, the remaining retroactive contribution calculated on the basis of the amount of standard monthly income as at his/her retirement or death shall be deducted from the relevant retirement benefits or survivor's benefits.
Article 3 (Applicability to Payment of Survivor's Pension)
The amended provisions of Article 19 (4) or 19-3 shall also apply where a survivor's pension is paid after this Act enters into force to a person who has been paid only a half of the survivor's pension pursuant to the former Article 19 (4) or 19-3, who is paid the survivor's pension pursuant to the former Article 26 (1) 3 as at the time this Act enters into force.
Article 4 (Applicability to Payment of Compensation for Disability)
Compensation for disability under the amended provisions of Article 32 shall be paid to a person who retires from service after this Act enters into force.
Article 5 (Special Cases on Application of Average Amount of Standard Monthly Income)
Notwithstanding the amended provisions of Article 3 (1) 2, the average amount of standard monthly income for the calculation of benefits under the amended provisions of Article 3 (1) 2 for the service period after this Act enters into force shall be the amount calculated by multiplying the average amount of standard monthly income calculated pursuant to Article 6 (3) of Addenda in order to adjust the excessive difference of benefits for each service period by the percentage prescribed by Presidential Decree for each service period.
Article 6 (Transitional Measures concerning Payment of Benefits)
(1) The former provisions shall apply to the payment of benefits for which a reason has occurred before this Act enters into force.
(2) The former provisions shall apply to the calculation of benefits for the service period (including the tenure of office and the service period before this Act enters into force of the period added up in accordance with the amended provisions of Articles 16 (6) and 16-2 of this Act and Article 2 of the Addenda after this Act enters into force; hereinafter referred to as "former period") before this Act enters into force.
(3) The average amount of standard monthly income under the amended provisions of Article 3 (1) 2 shall be calculated on the basis of the service period (including the tenure of office and the service period after this Act enters into force from among the period added up in accordance with the amended provisions of Articles 16 (6) and 16-2 of this Act and Article 2 of the Addenda after this Act enters into force; hereinafter referred to as "period thereafter") after this Act enters into force.
(4) The amount of a pension for the former period under paragraph (2) shall be calculated by the following methods:
1. The amount of a monthly pay or the average of monthly pay serving as the basis of the calculation of benefits shall be the amount calculated by converting the amount of a monthly pay of the month which includes the day before the enforcement date of this Act or the amount of average monthly pay calculated on the basis of the month which includes the day before the enforcement date of this Act, into the current value at the point of time of the date a reason for benefits occurred, as prescribed by Presidential Decree;
2. Where the former period does not exceed 20 years, the amount of a pension for the former period shall be the amount calculated by multiplying the average of monthly pay under subparagraph 1 by 25/1,000 for each service year;
3. Where the former period exceeds 20 years, the amount of a pension for the former period shall be the amount calculated by adding up an amount equivalent to 20/1,000 of the average monthly pay under subparagraph 1 for every service year exceeding 20 to an amount equivalent to 500/1,000 of the average monthly pay under subparagraph 1. In such cases, the amount of a retirement pension for the former period shall not exceed 760/1,000 of the average monthly pay under subparagraph 1.
(5) Where a retirement pension or a survivor's pension falling under Article 26 (1) 1 is calculated for a person whose period totaling the former period and the period thereafter after this Act enters into force exceeds 33, and who is in military service as at the time this Act enters into force, the amount thereof shall be calculated, considering the period from the beginning month of the former period to the month when 33 years have elapsed as the service period governed by this Act.
(6) A retirement pension in one lump sum (including where a survivor's pension in one lump sum is calculated), a retirement pension and a lump sump payment after deduction (limited to a person who has selected the lump sum payment after deduction), a severance pay in one lump sum (including cases where a lump sum payment to the bereaved family is calculated) or a retirement allowance for a person in military service as at the time this Act enters into force (including persons whose service period has been added up pursuant to the amended provisions of Article 16 (6) and 16-2 of this Act and Article 2 of Addenda after this Act enters into force) to whom a reason for payment of benefits occurs after this Act enters into force shall be calculated by adding the following amounts:
1. The amount calculated by multiplying the amount of the relevant benefits calculated in accordance with the amended provisions Article 21 (3), (4), 22 or 30-4 for the total service period on the basis of the amount of standard monthly income when a reason for benefits occurs, by the percentage of the period thereafter to the total service period (referring to the number of service years deducted where a retirement pension is calculated for a person who has selected a lump sum payment after deduction, referring to the period excluding the number of service years deducted of the total service period, and where a lump sum payment after deduction is calculated; hereinafter the same shall apply in subparagraph 2);
2. The amount calculated by multiplying the relevant benefits calculated pursuant to the former Article 21 (3) or (4), the former Article 22 or the former Article 30-4 for the total service period on the basis of the amount calculated by converting the monthly pay of the month of the day before the enforcement date of this Act into the current value pursuant to paragraph (4) 1 by the percentage of the former period to the total service period.
Article 7 (Transitional Measures concerning Adjustment of Amount of Pension, and Relevant Matters)
(1) Notwithstanding the amended provisions of Article 17-2 of this Act and Article 6 (1) of Addenda, pension benefits shall be adjusted pursuant to the former Article 17-2 until 2013.
(2) Notwithstanding the amended provisions of Article 17-2 of this Act and Article 6 (1) of Addenda, where the yearly difference between the nationwide consumer price fluctuation rate under the former Article 17-2 (1) and the military pay fluctuation rate of the relevant year exceeds three percentage points, pension benefits shall be adjusted so that the difference between the nationwide consumer price fluctuation rate for each year and the military pay fluctuation rate of the relevant year is maintained below three percentage points from 2014 until 2018.
Article 8 (Transitional Measures concerning Payment of Survivor's Pension)
Notwithstanding the amended provisions Articles 19-2 (2) and (3) and 26 (2) 1, where a soldier who has been serving in the military from the time before this Act enters into force, or a soldier who retired before this Act enters into force has died or has been missing, the amount of a survivor's pension shall be equivalent to 70/100 of a retirement pension or a pension for wounds that the person who is or was a soldier could have received.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12788, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Spouse)
The amended provisions of Article 3 (1) 4 (a) shall begin to apply from cases where a person who is or was a soldier dies after this Act enters into force.
ADDENDUM <Act No. 12905, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 20 shall enter into force six months after the date of their promulgation.
ADDENDUM <Act No. 13214, Mar. 11, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso to Article 34 (1), Article 34 (3), and the proviso to subparagraph 2 of Article 35-2 shall enter into force six months after the date of their promulgation.
ADDENDUM <Act No. 13506, Sep. 1, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13630, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Additional Medical Care)
The amended provisions of Article 30-10 shall also apply to soldiers who have received expenses for medical care of a disease or injury sustained in the line of duty in accordance with the previous provisions. In such cases, such expenses for medical care of a disease or injury sustained in the line of duty shall begin to be paid for an application for additional medical care first filed after this Act enters into force.
Article 3 (Special Cases concerning Payment of Expenses for Medical Care of Disease or Injury Sustained in Line of Duty)
The amended provisions of Article 30-5 (2) shall also apply to the cases where a ground for the payment of such benefits has occurred before this Act enters into force, and where such expenses can be charged in accordance with Article 30-7 (referring to the cases where prescription provided for in Article 8 (2) has not been completed), or where relevant medical care is provided in a medical care institution as at the time this Act enters into force due to a disease or injury sustained in the line of duty.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15050, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 30-5 (1) and 30-8 shall enter into force three months after the date of their promulgation, and the amended provisions of Article 33 (4) shall enter into force six months after the date of their promulgation.
Article 2 (Applicability to Payment of Expenses for Medical Care of Disease or Injury Sustained in Line of Duty)
The amended provisions of Articles 30-5 (1) and 30-8 (2) shall also apply to the payment of benefits, any of the grounds for which has arisen before this Act enters into force, where a claim for expenses for medical care of a disease or injury sustained in the line of duty can be filed pursuant to Article 30-7 (1) (referring to cases where prescription provided for in Article 8 (1) has not been expired).
Article 3 (Special Cases concerning Prescription of Right to Pension for Wounds)
Notwithstanding the provisions of Article 8, entitlement to a benefit provided for in the amended provisions of Article 2 of the Addenda (Act No. 10649) shall be extinguished upon completion of prescription unless it is exercised within five years after this Act enters into force.
Article 4 (Special cases concerning Payment of Benefits and Interests due to Elimination of Reasons for Restriction on Payment of Benefits)
The amended provisions of Article 33 (2) shall also apply to persons for whom reasons for restriction on payment of benefits cease to exist retroactively before this Act enters into force. In such cases, notwithstanding Article 8, no claim for the payment of an amount as provided for in the amended provisions of Article 33 (2) shall be filed when five years elapse after this Act enters into force.
Article 5 (Transitional Measures concerning Restriction on Benefits Due to Penalty, etc.)
Notwithstanding the amended provisions of Article 33 (4), the previous provisions shall apply where restriction on a benefit is imposed on a person who has violated the Military Secret Protection Act before this Act enters into force.