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ENFORCEMENT DECREE OF THE NATIONAL PENSION ACT

Wholly Amended by Presidential Decree No. 12227, Aug. 14, 1987

Amended by Presidential Decree No. 12695, May 3, 1989

Presidential Decree No. 13449, Aug. 10, 1991

Presidential Decree No. 14005, Nov. 16, 1993

Presidential Decree No. 14446, Dec. 23, 1994

Presidential Decree No. 14438, Dec. 23, 1994

Presidential Decree No. 14565, Apr. 1, 1995

Presidential Decree No. 14628, Apr. 15, 1995

Presidential Decree No. 14849, Dec. 29, 1995

Presidential Decree No. 15598, Dec. 31, 1997

Presidential Decree No. 15569, Dec. 31, 1997

Presidential Decree No. 15732, Feb. 28, 1998

Presidential Decree No. 16082, Dec. 31, 1998

Presidential Decree No. 16219, Mar. 31, 1999

Presidential Decree No. 16567, Sep. 30, 1999

Presidential Decree No. 17013, Dec. 12, 2000

Presidential Decree No. 17188, Mar. 31, 2001

Presidential Decree No. 17952, Apr. 4, 2003

Presidential Decree No. 18027, jun. 27, 2003

Presidential Decree No. 18146, Nov. 29, 2003

Presidential Decree No. 19391, Mar. 23, 2006

Presidential Decree No. 20947, Jul. 29, 2008

Presidential Decree No. 21331, Feb. 25, 2009

Presidential Decree No. 21463, Apr. 30, 2009

Presidential Decree No. 21480, May 6, 2009

Presidential Decree No. 21645, Jul. 27, 2009

Presidential Decree No. 21847, Nov. 26, 2009

Presidential Decree No. 21922, Dec. 30, 2009

Presidential Decree No. 22003, Jan. 27, 2010

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22250, Jul. 1, 2010

Presidential Decree No. 22311, Jul. 26, 2010

Presidential Decree No. 22347, Aug. 17, 2010

Presidential Decree No. 22493, Nov. 15, 2010

Presidential Decree No. 22906, Apr. 22, 2011

Presidential Decree No. 23359, Dec. 8, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23620, Feb. 3, 2012

Presidential Decree No. 23908, jun. 29, 2012

Presidential Decree No. 24017, Aug. 3, 2012

Presidential Decree No. 24077, Aug. 31, 2012

Presidential Decree No. 24454, Mar. 23, 2013

Presidential Decree No. 24499, Apr. 16, 2013

Presidential Decree No. 24647, jun. 28, 2013

Presidential Decree No. 24680, Aug. 6, 2013

Presidential Decree No. 25279, Mar. 24, 2014

Presidential Decree No. 25658, Oct. 15, 2014

Presidential Decree No. 26938, Jan. 29, 2016

Presidential Decree No. 27635, Nov. 29, 2016

Presidential Decree No. 27616, Nov. 29, 2016

Presidential Decree No. 27959, Mar. 27, 2017

Presidential Decree No. 28483, Dec. 19, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the National Pension Act and matters required for the enforcement thereof.
 Article 2 (Persons not Deemed Employees)
The following persons shall not be deemed employees under the proviso to Article 3 (1) 1 of the National Pension Act (hereinafter referred to as the "Act"): <Amended by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 26366, Jun. 30, 2015>
1. A person who is employed on a daily basis or for a specified period of less than one month: Provided, That this shall not apply to employment to last for at least one month;
2. A person who is employed in the workplace of which location is not fixed;
3. A director of a corporation without remuneration as referred to in Article 3 (1) 2;
4. A part-time worker whose prescribed working hours are less than 60 hours in a month: Provided, That the foregoing shall not apply to any of the following persons among the relevant part-time workers:
(a) A part-time lecturer under subparagraph 3 of Article 7 of the Enforcement Decree of the Higher Education Act who provides labor continuously for at least three months for the purpose of making a living;
(b) A person who provides labor continuously for at least three months for the purpose of making a living and who wishes to be deemed an employee with the consent of the employer;
(c) A person who provides labor at least at two workplaces and whose total prescribed working hours in a month at each workplace are at least 60 hours and who wishes to be deemed an employee at the workplace where the prescribed working hours in a month are less than 60 hours.
 Article 3 (Scope of Income)
(1) The scope of income of a workplace-based insured or a voluntarily and continuously insured engaged in work at the workplace covered by the National Pension Scheme (excluding where a beneficiary of a retirement pension, etc. under Article 8 (1) of the Act, a recipient of livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act and a recipient of medical benefits under subparagraph 3 of the aforesaid paragraph become voluntarily and continuously insureds, but including a beneficiary of a retirement pension, etc. under Article 8 (1) of the Act who has applied for aggregation under Article 8 of the Act on Aggregation of National Pension and Occupational Pensions; hereinafter referred to as "work place-based, voluntarily and continuously insured person") under Article 3 (1) 3 of the Act shall be as follows: <Amended by Presidential Decree No. 21645, Jul. 27, 2009; Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 26744, Dec. 22, 2015>
1. For employers (limited to the employers of workplaces which are not corporations): Income under paragraph (2) 1 through 3, and 5 and 6;
2. For employees: Income obtained by deducting from earned income under Article 20 (1) of the Income Tax Act the non-taxable earned income under subparagraph 3 of Article 12 of the same Act (including the amount on which taxes are not imposed under Article 18-2 of the Restriction of Special Taxation Act).
(2) The scope of income of an individually insured person, and a voluntarily and continuously insured person who is qualified to be an individually insured person (hereinafter referred to as "individually, voluntarily and continuously insured person") under Article 3 (1) 3 of the Act shall be as follows, and if the relevant insured person has at least two sources of income, the scope of income of such person shall be the aggregate of at least two sources of incomes:
1. Agricultural income: Income gained from the seeds cultivation business, fruit orcharding/horticultural services, sericulture business, plant nursery services, speciality crop producing business, livestock husbandry business, breeding stock farming, hatchery business, and work incidental thereto;
2. Forestry income: Income gained from the forest management business, forest product production business, wild bird and animal breeding business, and work incidental thereto;
3. Fishery income: Income gained from the fishing industry and work incidental thereto;
4. Earned income: Income pursuant to (1) 2 of this Article;
5. Business income: Amount of business income pursuant to Article 19 (2) of the Income Tax Act;
6. Deleted. <by Presidential Decree No. 22347, Aug. 17, 2010>
 Article 4 (Method of Calculation of Average Monthly Income)
The average monthly income referred to in Article 3 (1) 4 of the Act shall be obtained by dividing the total amount of the standard monthly income of all members of workplace-based insured persons and individually insured persons (excluding workplace-based insured persons and individually insured persons who are exempt from pension premiums on any ground falling under any subparagraph of Article 91 (1) of the Act; hereinafter the same shall apply) covered by the National Pension Scheme as of December 31 each year, by the total number of workplace-based insured persons and individually insured persons. In the case of workplace-based insured persons in the workplace covered by at least two national pension schemes referred to in Article 8, the average monthly income shall be calculated by aggregating the standard monthly income of each workplace and treating such aggregate as the single standard monthly income of a workplace-based insured person. <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
 Article 5 (Standard Monthly Income and Applicable Period)
(1) The standard monthly income under Article 3 (1) 5 of the Act shall be an amount obtained by omitting amounts less than one thousand won from the monthly income reported by the employer in cases of a workplace-based insured person, and by the insured person in cases of an individually insured person, within the range between the lower limit and upper limit in the following subparagraphs:
1. Lower limit: Amount obtained by multiplying a value (to be rounded off the numbers to four decimal places) calculated by dividing item (a) by item (b), by the lower limit of the standard monthly income of the immediately preceding applicable period. In such cases, an amount below ten thousand won shall be rounded off:
(a) Amount calculated as prescribed in Article 51 (1) 1 of the Act and applied as prescribed in Article 37 from April of the relevant year to March of the next year;
(b) Amount calculated as prescribed in Article 51 (1) 1 of the Act and applied as prescribed in Article 37 from April of the previous year to March of the relevant year;
2. Upper limit: Amount obtained by multiplying a value (to be rounded off the numbers to four decimal places) calculated by dividing subparagraph 1 (a) by subparagraph 1 (b), by the upper limit of standard monthly income for the immediately preceding applicable period. In such cases, an amount below ten thousand won shall be rounded off.
(2) Notwithstanding paragraph (1), where distinct changes in the living conditions of the people, wages, prices of commodities, or other economic conditions have occurred, the Minister of Health and Welfare may adjust the upper limit and lower limit under the subparagraphs of paragraph (1) after deliberation by the National Pension Review Committee (hereinafter referred to as the "National Pension Review Committee") under Article 5 of the Act. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(3) The Minister of Health and Welfare shall announce the lower limit and upper limit under paragraph (1) or (2) by March 31 every year after deliberation by the National Pension Review Committee. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(4) The applicable period of lower limit and upper limit announced under paragraph (3) shall be from July of the relevant year to June of the next year.
(5) If monthly income amount reported by an employer or an insured is less than the lower limit announced under paragraph (3), such lower limit shall be the standard monthly income; if such monthly income amount is more than the upper limit announced under the same paragraph, such upper limit shall be the standard monthly income.
[This Article Wholly Amended by Presidential Decree No. 21922, Dec. 30, 2009]
 Article 6 (Determination and Applicable Period of Standard Monthly Income at the Time of Acquisition of Insured Status and Resumption of Payment of Pension Premiums)
(1) Where a person who has attained status of a workplace-based insured person or a workplace-based, voluntarily and continuously insured person pays the first pension premium or resumes the payment of pension premiums as the period for the exceptional case of the payment of pension premium under Article 91 of the Act terminates, the National Pension Service established under Article 24 of the Act (hereinafter referred to as the "Service") shall determine the standard monthly income, considering an amount in one of the following subparagraphs as monthly income, and the applicable period shall be from the month insured status is attained or the payment is resumed to the month preceding the month to which the standard monthly income determined regularly under Article 7 (1) applies:
1. Where income is determined on a monthly, weekly or other specific period basis: An amount equivalent to 30 times the amount obtained by dividing such income by the total number of days in such period;
2. Where income is determined on a daily, hourly, output, or contract basis: An amount obtained by averaging the monthly incomes of the persons who are engaged in the same occupation and receive the same income in the relevant workplace for one month preceding the month insured status is attained or the payment of pension premium is resumed;
3. In cases of a person for whom the calculation of monthly income under subparagraphs 1 and 2 is difficult: An amount obtained by averaging the monthly income of the persons who are engaged in the same occupation and receive the same income in the relevant local area for one month preceding the month insured status is attained or the payment of pension premiums is resumed.
(2) Where a person who has attained status of an individually insured person or an individually, voluntarily and continuously insured person pays the first pension premium or resumes the payment of pension premiums as the period for exceptional cases of the payment of pension premiums under Article 91 of the Act terminates, the Service shall determine the standard monthly income, considering the income that is earned from the occupation he/she is engaged at the time of attainment of the insured status or resumption of payment of pension premiums and reported by the relevant insured person or his/her agent, as the monthly income. In such cases, the Service may, in advance, inform or notify the relevant insured person or his/her agent of a monthly income recommended for report, which is calculated based on taxation data, type of business, size of workplace, size of farmland, etc. as a guideline for the relevant insured person or his/her agent.
 Article 7 (Determination and Applicable Period of Standard Monthly Income during Participation Period)
(1) The Service shall determine the standard monthly income of a workplace-based insured person or a workplace-based, voluntarily and continuously insured person during the participation period after he/she attains insured status, considering an amount equivalent to 30 times the amount obtained by dividing the amount of income he/she received during the period he/she engaged in the relevant workplace in the previous year by the total number of days in the relevant period, as a monthly income, and the applicable period shall be from July of the relevant year to June of the following year: Provided, That if the period he/she engaged in the relevant workplace is less than one month, the standard monthly income shall be determined pursuant to Article 6 (1): <Amended by Presidential Decree No. 21331, Feb. 25, 2009>
1. and 2. Deleted. <by Presidential Decree No. 21331, Feb. 25, 2009>
(2) The standard monthly income of an individually insured person or an individually, voluntarily and continuously insured person during the participation period after the person attains insured status shall be determined by the Service by one of the following methods:
1. Where income is not changed: The standard monthly income of the relevant insured person at the time of attaining insured status under Article 6 (2);
2. Where income is changed at least once: Where the Service has investigated and checked regarding the workplace, etc. under Article 122 of the Act and confirmed the grounds for the changed income, such as alteration of occupation engaged, or it is deemed based on the taxation data, etc. that the actual income of the insured person is different from the existing standard monthly income amount, the Service shall give notice to the relevant insured person to report on the altered income pursuant to Article 21 of the Act, and determine the standard monthly income amount based on the income pursuant to Article 3 (2) of preceding year reported by the insured person or his/her agent, but such adjusted standard monthly income shall apply from the month following the month in which the date of such determination falls. In such cases, the Service may notify the relevant insured person or his/her agent of a monthly income recommended for reporting as a guideline, which is calculated based on taxation data, type of business, size of workplace, size of farmland, etc. within the limits of income under Article 3 (2) of the preceding year.
(3) Where an individually insured person, an individually, voluntarily and continuously insured person, a work place-based, voluntarily and continuously insured person or his/her agent falls under any of the following subparagraphs (referring to subparagraph 2 in the case of a work place-based, voluntarily and continuously insured person), he/she may apply to the Service for a change to standard monthly income, as prescribed by Ordinance of the Ministry of Health and Welfare, and such standard monthly income shall be determined based on the income reported by the relevant insured person or his/her agent, and it shall apply starting from the month following the month in which the application for such change is made: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22250, Jul. 1, 2010>
1. Where income is increased or reduced due to a change in the type of business, change in business performance, or suspension of business, etc.;
2. Where the insured person himself/herself requests to determine the standard monthly income at a higher level than the actual income.
(4) Where the Service requires an insured person to report his/her income under paragraph (2), if deemed necessary, it shall establish an annual plan for confirmation of income, including the scope of persons to report, time and method of income investigation, etc., following deliberation by the Board of Directors.
 Article 8 (Determination of Standard Monthly Income of Workplace-Based Insured Persons Working at Workplace Covered by at Least Two National Pensions)
Where a workplace-based insured person or a workplace-based, voluntarily and continuously insured person is an employee or employer of at least two workplaces covered by the national pension program (including where a person is an employee in one workplace covered by the national pension program and meanwhile, an employer in another workplace covered by the national pension program; hereinafter the same shall apply), each standard monthly income shall be determined, based on the monthly income he/she receives in each workplace pursuant to Article 5 (1): Provided, That where he/she falls under any of the following, standard monthly income shall be determined based on the following classification, respectively: <Amended by Presidential Decree No. 26366, Jun. 30, 2015>
1. Where all workplaces at which a worker under subparagraph 4 (c) of Article 2 (hereinafter referred to as "part-time worker providing labor at multiple workplaces") provides labor are workplaces at which the prescribed working hours in a month are less than 60 hours (hereinafter referred to as "workplace at which the prescribed working hours are less than 60 hours"): Amounts under the following classification:
(a) Where the total standard monthly income earned in each workplace at which the prescribed working hours are less than 60 hours is at least the lower limit of standard monthly income under Article 5 (1) (hereafter in this Article referred to as "lower limit of standard monthly income"): Standard monthly income earned in each workplace at which the prescribed working hours are less than 60 hours;
(b) Where the total standard monthly income earned in each workplace at which the prescribed working hours are less than 60 hours is less than the lower limit of standard monthly income: Amount calculated by multiplying a percentage which standard monthly income earned in each workplace at which the prescribed working hours are less than 60 hours accounts for of the total standard monthly income earned in each workplace at which the prescribed working hours are less than 60 hours by the lower limit of standard monthly income;
2. Where a part-time worker providing labor at multiple workplaces provides labor to the workplace at which the prescribed working hours in a month are at least 60 hours (hereinafter referred to as "workplace at which the prescribed working hours are at least 60 hours") and the workplace at which the prescribed working hours in a month are less than 60 hours simultaneously: Amounts under the following classification:
(a) Workplace at which the prescribed working hours in a month are less than 60 hours: Monthly income earned in each workplace at which the prescribed working hours in a month are less than 60 hours;
(b) Workplace at which the prescribed working hours in a month are at least 60 hours: Standard monthly income under Article 5 (1);
3. Where the total standard monthly income earned in each workplace exceeds the upper limit of standard monthly income (hereafter in this Article referred to as "upper limit of standard monthly income") under Article 5 (1): Amount calculated by multiplying a percentage which standard monthly income earned in each workplace accounts for of the total standard monthly income earned in each workplace by the upper limit of standard monthly income.
 Article 9 (Special Cases concerning Determination of Standard Monthly Income)
(1) Where it is difficult to calculate standard monthly income of a workplace-based insured person, an individually insured person, a workplace-based, voluntarily and continuously insured person, or an individually, voluntarily and continuously insured person under Article 6, or an income reported or applied for under Article 6 or Article 7 (1), (2) or (3) 1 is significantly different from the actual income, the Service shall determine the standard monthly income, notwithstanding such provisions, but it shall in advance undergo deliberation by the National Pension Review Committee with respect to criteria, method, etc. of such determination. <Amended by Presidential Decree No. 21922, Dec. 30, 2009>
(2) Where the whole or any part of income is paid in kind, it shall be valuated by the Service based on the consumer prices of the relevant area.
(3) Where a report under Article 21 is not made with respect to the monthly income of a workplace-based insured person, an individually insured person, a workplace-based, voluntarily and continuously insured person or an individually, voluntarily and continuously insured person, if it is found that no data exist on income according to the result of confirmation under Article 122 (1) of the Act, the Service shall determine the standard monthly income, in terms of the amount in the following subparagraphs as a monthly income:
1. Where determining standard monthly income during the participation period: The amount obtained by adjusting the standard monthly income of the previous year of the relevant insured person based on the rate of change of the average monthly income;
2. Where determining standard monthly income at the time of acquiring insured status or resumption of payment of pension premiums: The amount corresponding to the standard monthly income applicable to voluntarily insured persons, etc. under the main sentence of Article 10 (1).
(4) Where a report under Article 21 of the Act has not been made with respect to the monthly income of a workplace-based insured person, an individually insured person, a workplace-based, voluntarily and continuously insured person or an individually, voluntarily and continuously insured person, if it is found that data on income exist as a result of confirmation under Article 122 (1) of the Act, the provisions of Article 6 and 7 (1) and (2) shall apply mutatis mutandis.
(5) Notwithstanding Articles 6 (1) and 7 (1), where the ratio of dividing the difference between actual income and standard monthly income by the standard monthly income of a workplace-based insured person is the same with or more than the ratio announced by the Minister of Health and Welfare after undergoing the deliberation of the National Pension Review Committee, an employer may apply for the change of the standard monthly income with the Service with the consent of an employee, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Presidential Decree No. 24680, Aug. 6, 2013>
(6) Upon receipt of an application filed under paragraph (5), the Service shall determine to change the standard monthly income in consideration of the actual income applied for the change, and the applicable period thereof shall be from the next month of the month including the date when the application was filed to June of the next year. <Newly Inserted by Presidential Decree No. 24680, Aug. 6, 2013>
(7) The Service shall verify whether the standard monthly income determined to be changed pursuant to paragraph (6) corresponds with the actual income confirmed from taxation data, the wage ledger and other income-related documents or account books, etc. of the applicable period. <Newly Inserted by Presidential Decree No. 24680, Aug. 6, 2013>
(8) Where the excess or deficiency is found as a result of verification under paragraph (7), Article 88 (5) or 100 of the Act shall apply mutatis mutandis to the additional collection, appropriation or refund of such excess or deficiency. <Newly Inserted by Presidential Decree No. 24680, Aug. 6, 2013>
 Article 10 (Determination and Applicable Period of Standard Monthly Income of Voluntarily Insured Persons, etc.)
(1) The standard monthly income of any of the following insured persons (excluding recipients of livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act and recipients of medical benefits under subparagraph 3 of the aforesaid paragraph; hereafter the same shall apply in this paragraph) shall be an amount corresponding to the median standard monthly incomes of all individually insured persons as of December 31 of the preceding year each year, and the applicable period shall run from April of the relevant year to March of the following year: Provided, That where the insured person in question requests the Service to determine his/her standard monthly income at a higher level than the median standard monthly income, the Service may decide to change the standard monthly income: <Amended by Presidential Decree No. 22250, Jul. 1, 2010; Presidential Decree No. 26744, Dec. 22, 2015>
1. Voluntarily insured persons;
2. Voluntarily and continuously insured persons excluding workplace-based, voluntarily and continuously insured persons and individually, voluntarily and continuously insured persons.
(2) Where a recipient of livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act and a recipient of medical benefits under subparagraph 3 of the aforesaid paragraph become insureds falling under any subparagraph of paragraph (1), the standard monthly income shall be determined based on the aggregate of all incomes referred to in Article 5 (1) 1 and subparagraph 2 of the Enforcement Decree of the National Basic Living Security Act (hereinafter referred to as "aggregate income of a recipient under the National Basic Living Security Act") among the incomes confirmed through investigation conducted under Article 23 (1) of the same Act, and the applicable period shall run from April of the relevant year to March of the following year. <Amended by Presidential Decree No. 23359, Dec. 8, 2011; Presidential Decree No. 26744, Dec. 22, 2015>
(3) Notwithstanding paragraph (2), if the aggregate income of an assistant recipient under the National Basic Living Security Act is modified during the participation period and the relevant insured person subsequently files an application for modifying his/her standard monthly income, the standard monthly income shall be determined based on the modified income, beginning with the month immediately following the month in which the date such application is filed falls. <Newly Inserted by Presidential Decree No. 23359, Dec. 8, 2011>
 Article 11 (Financial Accounting, etc. of National Pension)
(1) The Minister of Health and Welfare shall, under the provisions of Article 4 (2) of the Act, make an accounting of finances of the National Pension Fund under Article 101 of the Act (hereinafter referred to as the "Fund") by March 31 every five years and establish a comprehensive plan on the overall operation of the National Pension Scheme, including its financial outlook for financial balance, adjustment of pension premiums, etc., and shall obtain the approval of the President by the last day of September of the relevant year, following deliberation by the National Pension Review Committee and submit it to the National Assembly by the last day of October of the relevant year. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) The Minister of Health and Welfare shall make public notice of the comprehensive plan concerning the operation of the National Pension Scheme, including the financial outlook of the National Pension Scheme, etc. in at least one general daily newspaper and at least one economic daily newspaper registered to be supplied nationwide under Article 9 (1) of the Act on the Promotion of Newspapers, Etc. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22003, Jan. 27, 2010; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 12 (Duties of Chairperson, etc. of National Pension Review Committee)
(1) The chairperson shall represent the National Pension Review Committee and supervise the affairs of the Council.
(2) The vice chairperson shall assist the chairperson and when the chairperson is unable to carry out his/her duties due to inevitable circumstance, carry out his/her duties on his/her behalf.
 Article 13 (Term of Office, etc. of Members of National Pension Review Committee)
The term of office of the members of the National Pension Review Committee other than the chairperson shall be two years and members may be reappointed.
 Article 13-2 (Dismissal, etc. of National Pension Review Committee Members)
Where a committee member under the subparagraphs of Article 5 (2) of the Act falls under any of the following, the Minister of Health and Welfare may revoke the appointment of or dismiss the relevant member:
1. Where he/she is unable to perform his/her duties due to his/her mental or physical disability;
2. Where he/she commits irregularities in relation to his/her duties;
3. Where he/she is deemed unsuitable for membership of the National Pension Review Committee due to delinquency of duties, injury to dignity or other reasons;
4. Where he/she voluntarily states that it is difficult for him/her to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 27635, Nov. 29, 2016]
 Article 14 (Meetings, etc. of National Pension Review Committee)
(1) The chairperson shall call and preside over meetings of the National Pension Review Committee.
(2) Meetings of the National Pension Review Committee shall be classified into regular meetings and extraordinary meetings.
(3) Regular meetings shall be held in February each year, and in any of the following cases, extraordinary meetings shall be held: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. At the request of the Minister of Health and Welfare;
2. At the request of at least 1/3 of the members of the National Pension Review Committee;
3. When the chairperson deems necessary.
(4) Meetings of the National Pension Review Committee shall be held with the presence of a majority of registered members and resolutions of the meetings shall be made with the consent of a majority of members present.
(5) The chairperson shall report the resolutions of the Council to the Minister of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 15 (Preparation, Keeping, etc. of Minutes of Meetings of National Pension Review Committee)
(1) The chairperson of the National Pension Review Committee shall prepare and keep the minutes of the Council.
(2) The minutes shall include the time, venue and matters discussed and resolved, and the chairperson and members present at the meeting shall sign them, or sign and seal them.
(3) Currently insured persons, formerly insured persons, entitled persons, or other persons interested in to the national pension program may request, at any time, to inspect the minutes.
 Article 16 (Secretary)
(1) The National Pension Review Committee shall have a secretary who is appointed by the by the Minister of Health and Welfare from among public officials belonging to the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) The secretary shall handle the affairs of the National Pension Review Committee according to the directions of the chairperson.
 Article 17 (Allowances Payable to Members)
Allowances may be paid to members present at the meetings of the National Pension Review Committee within budgetary limits: Provided, That it shall not apply to the case where a member who is a public official is present in direct connection with his/her duties.
CHAPTER II PERSONS INSURED UNDER NATIONAL PENSION SCHEME
 Article 18 (Persons Excluded from Coverage)
Any of the following persons shall be excluded from the coverage of the National Pension Scheme pursuant to the proviso to Article 6 of the Act: <Amended by Presidential Decree No. 23908, Jun. 29, 2012>
1. An employee under age 60 engaged in a special occupational category and has acquired entitlement to the old age pension pursuant to Article 61 (1) of the Act and Article 2 of the Addenda to the National Pension Act (Act No. 8541);
2. A person who has acquired entitlement to the early old age pension referred to in Article 61 (2) of the Act: Provided, That persons for whom the payment of the early old age pension is suspended as pursuant to Article 66 (1) of the Act shall be excluded.
 Article 19 (Mandatorily Applicable Workplace)
(1) A mandatorily applicable workplace under Article 8 (1) of the Act shall be a workplace falling under any of the following subparagraphs:
1. A workplace employing at least one employee;
2. A workplace of a foreign institution located in the Republic of Korea, which employs at least one national of the Republic of Korea.
(2) Where each workplace is related as the main office, a branch office or agency and is under one business administration, it shall be deemed as one place of business and, therefore, paragraph (1) shall apply.
 Article 20 (Criteria and Method of Determination of Persons Whose Whereabouts is Unknown)
(1) The certification of a person whose whereabouts is unknown under subparagraph 5 of Article 9 of the Act shall follow the confirmation by the Governor of the Special Self-Governing Province or the head of the Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply).
(2) The period in which the whereabouts of a person has been unknown under paragraph (1) is reckoned from the date the Governor of the Special Self-Governing Province or the head of the Si/Gun/Gu confirms such fact.
(3) Notwithstanding paragraph (1), where the pension premiums of a person whose whereabouts is unknown have been paid, the period in which the corresponding pension premiums have been paid shall not be included in the period in which the whereabouts of the person has been unknown.
(4) Where the whereabouts of a person whose pension premiums have been paid under paragraph (3) is confirmed unknown again under paragraph (1), the period in which the whereabouts of the person is unknown shall be reckoned from the date it is confirmed again that the whereabouts of the person is unknown after the payment of pension premiums.
 Article 21 (Loss of Insured Status Resulting from Pension Premiums in Arrears)
The period of delinquency in the payment of pension premiums for which the status of a voluntarily insured person and voluntarily and continuously insured person is to be lost under Articles 12 (3) 5 and 13 (3) 4 of the Act shall be three months: Provided, That if it is proved that pension premiums could not have been paid within a specified period of time due to natural disasters or other inevitable causes, the same shall not apply.
 Article 22 (Employees in Special Occupational Categories)
(1) "Occupation prescribed by Presidential Decree" in the parts other than each item of Article 13 (1) 2 of the Act shall be as follows: <Amended by Presidential Decree No. 21463, Apr. 30, 2009; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 23908, Jun. 9, 2012>
1. A mining business defined in subparagraph 2 of Article 3 of the Mining Industry Act (limited to in-pit works);
2. A fishery business defined in subparagraph 2 of Article 2 of the Fisheries Act on board fishing vessels among the ships defined in Article 3 of the Seafarers’ Act (limited to cases where a person directly engaged in fishing as an assistant).
(2) In cases falling under paragraph (1), if the participation period as an employee in a special occupational category is less than 3/5 of his/her total participation period, the employee shall not be deemed an employee engaged in a special occupational category.
 Article 23 (Presumption of Death)
(1) A person referred to in any of the following subparagraphs shall be presumed to be deceased under Article 15 of the Act:
1. When the survival or death of a person who was on board a ship which has sunken, capsized, gone missing or disappeared, or an airplane which has crashed, disappeared or gone missing is unknown for at least three months from the date such accident occurred;
2. When a person who was on board a navigating ship or plane is missing and his/her survival or death is unknown for at least three months;
3. When a person's survival or death is unknown for at least three months due to a natural disaster or other causes equivalent to such disaster.
(2) A person who is presumed deceased under paragraph (1) shall be presumed deceased on the date the accident occurred or the person’s whereabouts becomes unknown.
(3) If a person whose survival or death was unknown due to a cause referred to in the subparagraphs of paragraph (1) is confirmed deceased within 3 months from the date an accident occurred or the person's whereabouts is unknown, but when the time of death is unclear, he/she shall be presumed deceased on the date such accident occurred or the person's whereabouts becomes unknown.
 Article 23-2 (Details to be Stated in National Pension Insurance Certificates)
Details that should be contained in a national pension insurance certificate as pursuant to Article 16 (2) of the Act shall be as follows:
1. Personal information on an insured person;
2. Type of insurance an insured person subscribes to and the date of acquiring the insured status.
[This Article Newly Inserted by Presidential Decree No. 23359, Dec. 8, 2011]
 Article 24 (Individual Payment of Employee Contributions)
(1) Where an employee intends to fully or partially pay the employee contributions to be borne by himself/herself among delinquent pension premiums incurred from the month immediately following the month a notice of default on payment is given pursuant to the latter part of Article 17 (3) of the Act, he/she shall pay the relevant pension premiums to the NHIS established under Article 13 of the National Health Insurance Act (hereinafter referred to as the "NHIS"), within five years from the monthly payment deadline for the relevant pension premiums. <Amended by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 24077, Aug. 31, 2012; Presidential Decree No. 24680, Aug. 6, 2013>
(2) If the NHIS receives or collects from an employer all or part of the delinquent pension premiums incurred from the month immediately following the month a notice of default on payment is given pursuant to Articles 88 (2) and 95 (4) of the Act, the NHIS shall return employee contributions paid in duplicate by an employee to the relevant employee, plus the interests added thereto. In such cases, Article 73 (3) shall apply mutatis mutandis to the interest rate. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
 Article 24-2 (Calculation, etc. of Participation Period for Month in which Pension Premiums are Partially Paid)
(1) If some of pension premiums (limited to pension premiums of an individually insured person, voluntarily insured person, and voluntarily and continuously insured person; hereafter the same shall apply in this Article) have been paid when a currently or formerly insured requests an old age pension or his/her bereaved family requests a survivor pension, the Service shall appropriate the pension premium partially paid in the last month to the arrears and unpaid pension premium for the first month, in consecutive order. In such cases, the standard monthly income for the month in which payment was made in full and the annual revaluation rate for each year shall be applied when counting the month for which payment was made in full after such appropriation towards the participation period.
(2) Where the Service refunds a partially paid pension premium pursuant to the main sentence of Article 17-2 (2) of the Act, it shall refund the money to the beneficiary of an old age pension or survivor pension, and where the beneficiary dies before he/she receives such refund, the relevant pension premium shall be returned to a person entitled to make a request for unpaid benefits under Article 55 of the Act.
(3) Where a currently or formerly insured makes a request under the proviso to Article 17-2 (2) of the Act, he/she shall pay unpaid pension premiums and arrears of the month for which payment was partially made, and interest referred to in paragraph (4), to the Service by 10th of the month immediately following the month such request was made. In such cases, the Service shall refund the partially paid pension premiums where a currently or formerly insured who has made a request for payment falls under any of the following cases:
1. Where he/she dies before he/she makes a payment;
2. Where he/she receives an old age pension;
3. Where he/she fails to make a payment by the payment deadline.
(4) Interest referred to in Article 17-2 (3) of the Act shall be calculated based on the number of months in the following applicable periods, and the interest rate shall be the interest rate of a time deposit with one year maturity for the relevant period (where such interest rates are altered during the relevant calculation period or where the interest rates vary among banks, the applicable interest rate shall be computed by averaging the interest rates applied by banks operating nationwide, which are established under the Banking Act as of January 1 of the relevant year; hereinafter the same shall apply):
1. Where a partially paid pension premium is refunded: From the month immediately following the month a partial payment was made, to the month grounds for payment of pension benefits have arisen;
2. Where an unpaid pension premium for the month partial payment was made is collected: From the month immediately following the month the payment deadline for pension premium for the relevant month falls to the month a request referred to in paragraph (3) is made.
[This Article Newly Inserted by Presidential Decree No. 23359, Dec. 8, 2011]
 Article 25 (Scope of Recognition of Children, etc.)
(1) A child who counts towards the participation period pursuant to Article 19 of the Act shall be any of the following persons (including a deceased person at the time an additional participation period is calculated): <Amended by Presidential Decree No. 24017, Aug. 3, 2012>
1. A child of biological parents, child recognized as born, adopted child, or child adopted through full adoption under the Civil Act;
2. An adopted child under the Act on Special Cases concerning Adoption.
(2) If a child referred to in paragraph (1) falls under any of the following cases when his/her father or mother (including foster parents; hereafter the same shall apply in this paragraph) acquires entitlement to an old age pension, such child shall not count toward the relevant father's or mother's participation period:
1. When the child is adopted by another person;
2. When the adoptive relationship is dissolved.
(3) No one shall add an additional period to his/her participation period with respect to a child for whom an additional period counted toward the participation period of currently or formerly insured under Article 19 of the Act.
 Article 25-2 (Properties and Other Requirements for Additional Inclusion of Period of Unemployment in National Pension Scheme)
"Assets or income prescribed by Presidential Decree" in Article 19-2 (1) 2 of the Act means the following assets or income: <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
1. Land, buildings, housing, aircraft, and vessels under Article 105 of the Local Tax Act;
2. Income excluding income referred to in Article 4 (1) 1 (c) and (d) of the Income Tax Act from total income under Article 4 (1) 1 of the aforesaid Act.
[This Article Newly Inserted by Presidential Decree No. 26366, Jun. 30, 2015]
 Article 25-3 (Methods, etc. of Applying for Additional Inclusion of Period of Unemployment in National Pension Scheme)
(1) A person who intends to include the period during which he/she receives unemployment benefits (hereinafter referred to as "unemployment benefits") under Article 37 (1) of the Employment Insurance Act in the participation period of National Pension Scheme pursuant to Article 19-2 (1) of the Act shall file an application with the Service (including a job security office entrusted with affairs of the Service pursuant to Article 25-6), as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That he/she shall is not allowed to file an application after the 15th day of the month following the month of the last day he/she can receive unemployment benefits (where he/she receives unemployment benefits paid by extending the benefit period pursuant to Articles 51 through 53 of the Employment Insurance Act, referring to the last day of the benefit period under Article 54 of the aforesaid Act: hereinafter referred to as "date of termination of unemployment benefits") pursuant to Articles 50 and 69-6 of the Employment Insurance Act. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
(2) Where the number of cumulative days during which an applicant who has filed an application (including an application filed with a job security office) under paragraph (1) receives unemployment benefits (excluding the number of days during which he/she receives injury and sickness benefits paid in lieu of unemployment benefits pursuant to Article 63 (1) and (2) of the Employment Insurance Act) is accrued to 30 days, the Service shall give a notice of payment in writing, specifying the employee contributions (referring to a pension premium obtained by subtracting the amount subsidized pursuant to the latter part of Article 19-2 (3) of the Act from the pension premium payable by the applicant pursuant to the former part of the aforesaid paragraph; hereinafter the same shall apply) for the relevant month (hereinafter referred to as "month of unemployment benefits for which he/she pays the pension premium"), deadline for payment, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
(3) Where an applicant fails to pay an employee contribution notified pursuant to paragraph (2) after three months have elapsed from the date of termination of unemployment benefits, an application under paragraph (1) shall be deemed withdrawn.
(4) Where the participation period of National Pension Scheme is additionally included even though an applicant has failed to meet requirements under Article 19-2 (1) of the Act, the Service shall revoke the additional calculation of the relevant participation period of National Pension Scheme, and return employee contributions he/she has paid for the period. In such cases, the Service shall return employee contributions he/she has paid and the amount calculated by multiplying employee contributions under the former part for the period from the immediately following day of the payment date of employee contributions to the date employee contributions are returned, by the interest rate of additional dues for a national tax refund under Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes.
[This Article Newly Inserted by Presidential Decree No. 26366, Jun. 30, 2015]
 Article 25-4 (Amount of Basic Pension for Additional Calculation of Period of Unemployment into National Pension Scheme)
The amount of basic pension for the participation period of National Pension Scheme, which is additionally included pursuant to the main sentence of Article 19-2 (1) of the Act, shall be calculated according to the following classification:
1. Where an applicant pays employee contributions by the deadline for payment under Article 25-3 (2), in which case he/she files an application under paragraph (1) of the aforesaid Article before the month in which he/she is paid unemployment benefits, in which he/she pays a pension premium: The amount obtained by applying an income replacement percentage in the year to which the month in which he/she is paid unemployment benefits belongs, in which he/she pays a pension premium;
2. Where an applicant pays employee contributions after the deadline for payment under Article 25-3 (2), in which case he/she files an application under paragraph (1) of the aforesaid Article before the month in which he/she is paid unemployment benefits, in which he/she pays a pension premium: The amount obtained by applying an income replacement percentage in the year to which the month in which he/she pays a pension premium belongs;
3. Where he/she files an application under Article 25-3 (1) after the month in which he/she is paid unemployment benefits, in which he/she pays a pension premium: The amount obtained by applying an income replacement percentage in the year of the month he/she pays employee contributions.
[This Article Newly Inserted by Presidential Decree No. 26366, Jun. 30, 2015]
 Article 25-5 (Scope, etc. of Subsidization of Pension Premiums Following Additional Inclusion of Period of Unemployment in National Pension Scheme)
(1) The Minister of Health and Welfare shall prescribe and announce the scope of subsidization of pension premiums under the latter part of Article 19-2 (3) of the Act within three-fourths of pension premiums under the former part of the aforesaid paragraph.
(2) The Minister of Health and Welfare and the Minister of Employment and Labor shall prescribe a percentage to be borne by the general account pursuant to the latter part of Article 19-2 (3) of the Act, the National Pension Fund under Article 101 of the Act, and the Employment Insurance Fund under Article 78 of the Employment Insurance Act in consultation with each other.
[This Article Newly Inserted by Presidential Decree No. 26366, Jun. 30, 2015]
 Article 25-6 (Entrustment of Affairs concerning Additional Inclusion of Period of Unemployment into National Pension Scheme)
The Service shall entrust a job security office with affairs such as the receipt of applications for additional inclusion of period of unemployment into the participation period of National Pension Scheme (limited to where a person files an application for additional inclusion of the period into the participation period of National Pension Scheme while reporting on the state of unemployment or on the recognition of the state of unemployment under Article 42 or 44 of the Employment Insurance Act) under the main sentence of Article 19-2 (1) of the Act, pursuant to Article 19-2 (5) of the Act. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
[This Article Newly Inserted by Presidential Decree No. 26366, Jun. 30, 2015]
CHAPTER III NATIONAL PENSION SERVICE
 Article 26 (Matters for Deliberation and Resolution by Board of Directors)
The Board of Directors of the Service shall deliberate on and resolve the following matters:
1. Matters relating to budgets and the settlement of accounts;
2. Matters relating to the amendment of articles of incorporation;
3. Matters relating to the acquisition, management and disposition of major assets;
4. Matters relating to business operation plans or other basic directions of the operation of the Service;
5. Matters relating to criteria, method, etc. of calculation of recommended monthly income for reporting;
6. Matters relating to an annual plan for confirmation of income of individually insured persons and individually, voluntarily and continuously insured persons;
7. Matters relating to the enactment, amendment and abolishment of rules, regulations and provisions.
 Article 27 (Meetings of Board of Directors)
(1) The meetings of the Board of Directors shall be classified into regular meetings and extraordinary meetings.
(2) Regular meetings shall be held in February and October each year, and shall be convened by the president.
(3) Extraordinary meetings shall be held when deemed necessary by the president or at the request of at least three directors (including standing directors; the same shall apply hereinafter) and shall be convened by the president.
 Article 28 (Preparation, Keeping, etc. of Minutes of Board of Directors)
The provisions of Article 15 pertaining to the preparation and keeping of minutes of the National Pension Review Committee shall apply to the preparation and keeping of minutes of the Board of Directors of the Service. In such cases, "National Pension Review Committee" shall be construed as the "Board of Directors," "chairperson" as "president," and "members" as "directors."
 Article 29 (Business Operation Plan and Budget)
(1) The Service shall submit to the Minister of Health and Welfare a business operation plan and budget for each fiscal year two months prior to the commencement of the next fiscal year under the business operation instructions and budgeting instructions prescribed by the Minister of Health Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) A business operation plan and budget submitted under paragraph (1) shall be attached with annexed documents needed to clarify the details thereof, such as detailed plans by main business, estimated balance sheet, estimated profits and losses.
(3) The Minister of Health and Welfare shall approve the business operation plan and budget submitted under paragraph (1) prior to the commencement of the fiscal year. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 30 (Temporary Loans and Appropriation by Transfer)
(1) If the Service intends to borrow a temporary loan under Article 44 (1) of the Act, it shall submit to the Minister of Health and Welfare a statement including the grounds for and methods of borrowing, interest rates, repayment methods, etc. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) If the Service intends to appropriate the Fund by transfer under Article 44 (3) of the Act, it shall submit to the National Pension Fund Operation Committee established under Article 103 of the Act (hereinafter referred to as the "Operation Committee") a written statement including matters such as grounds for and the amount of appropriation.
 Article 31 (Welfare Services)
(1) The Service may carry out the following welfare services under Article 46 (1) of the Act: <Amended by Presidential Decree No. 21463, Apr. 30, 2009>
1. Establishment, supply, lease and operation of welfare facilities for the aged, establishment and operation of auxiliary sports facilities of the welfare facilities for the aged, and providing loans thereto;
2. Establishment and operation of welfare facilities for the children, the disabled, etc. and providing loans thereto;
3. Establishment and operation of hospitals and leisure facilities or sanitariums and providing loans thereto;
4. Providing loans for stabilization of livelihood;
5. Offering student loans;
6. Lending of funds for the installation of welfare facilities in small and medium-sized workplace which is mandatorily applicable workplace;
7. Providing loans for purchasing houses or for leasing houses on a deposit basis.
(2) The Service may allow a person who participates or participated in the National Pension Scheme or is not an annuitant to use welfare facilities under paragraph (1) 1 through 3 to the extent of not interfering with its services pursuant to Article 46 (5) of the Act. <Amended by Presidential Decree No. 21463, Apr. 30, 2009; Presidential Decree No. 26366, Jun. 30, 2015>
 Article 32 (Loan Services)
(1) The Service may provide loans to a currently or formerly insured person an amount equivalent to 80/100 of the pension premiums paid by such person under Article 46 (3) of the Act. <Amended by Presidential Decree No. 21463, Apr. 30, 2009>
(2) Necessary matters concerning the interest rates applicable to loans, the period, criteria, procedure, etc. of providing loans shall be determined and announced by the Minister of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 32-2 (Special Cases concerning Acquisition of Land for Installation of Welfare Facilities)
"Public institutions prescribed by Presidential Decree" in Article 46-2 of the Act means local government-invested public corporations established under Article 49 of the Local Public Enterprises Act.
[This Article Newly Inserted by Presidential Decree No. 21463, Apr. 30, 2009]
 Article 32-3 Deleted. <by Presidential Decree No. 26744, Dec. 22, 2015>
 Article 33 (Entrustment of Affairs)
(1) The scope of affairs that Service may entrust and persons that may be entrusted therewith by the Service under Article 47 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 20795, May 27, 2008; Presidential Decree No. 21463, Apr. 30, 2009; Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 26366, Jun. 30, 2015>
1. Affairs concerning the receipt of repayments of loans, pension premiums under the former part of Article 19-2 (3) of the Act, amounts to be restituted under Article 57 of the Act, repayments of the lump-sum refund under Article 78 (1) of the Act, postponed pension premiums under Article 92 (1) of the Act, or amounts received by the Service through subrogation of relevant beneficiaries’ rights, the payment of wages, and the payment of loans: Postal service or financial institution, or non-profit corporation in finance-related business;
2. Affairs concerning the receipt of applications for eligibility for, or loss of insured status: Insurer of the National Health Insurance or the head of a local government;
3. Business of building or operating facilities for welfare, etc., such as elderly welfare facilities and their auxiliary sports facilities, children’s welfare facilities, disabled welfare facilities, and business of building or operating hospitals, leisure facilities and sanitariums: Social welfare service corporations under the Social Welfare Services Act; public corporations and semi-government institutions under the Act on the Management of Public Institutions; National Agricultural Cooperative Federation, National Federation of Fisheries Cooperatives, and National Forestry Cooperatives Federation under the Agricultural Cooperatives Act, the Fisheries Cooperatives Act and the Forestry Cooperatives Act, respectively; and religious organizations or persons who operate the same kind of business;
4. Deleted. <by Presidential Decree No. 22347, Aug. 17, 2010>
(2) The Service may pay commissions to persons entrusted with affairs under paragraph (1).
 Article 34 (Enactment of Regulations, etc.)
Where the Service intends to enact or amends regulations pertaining to its internal organization, personnel management, remuneration for executive officers and employees, audit, management and operation of the Fund, etc., it shall obtain the approval of the Minister of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
CHAPTER IV BENEFITS
 Article 35 (Issuance of National Pension Policy)
The Service shall deliver a national pension policy to an annuitant, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 27635, Nov. 29, 2016>
 Article 36 (Annual Revaluation Rate, etc.)
The annual revaluation rate announced by the Minister of Health and Welfare under Article 51 (1) 2 (hereinafter referred to as "revaluation rate") shall be determined each year based on the value (the value shall be rounded off to four decimal places) obtained by dividing the amount computed under subparagraph 1 by the amount computed under subparagraph 2. In such cases, it shall undergo deliberation by the National Pension Review Committee in advance: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 28483, Dec. 19, 2017>
1. Amount computed under Article 51 (1) 1 of the Act;
2. Amount computed each revaluation year by applying mutatis mutandis the method of calculation under Article 51 (1) 1 of the Act.
 Article 37 (Applicable Period concerning Calculation of Basic Pension Amount)
The amount calculated under Article 51 (1) 1 of the Act and revaluation rate under Article 36 shall apply to a person who has entitlement to benefits which start to be paid during the period from April of the relevant year to March of the following year.
 Article 38 (Criteria for Recognition of Maintenance of Livelihood of Persons to be Paid Dependent Pension)
The criteria of recognition of persons to be paid dependent pension amount under Article 52 (1) of the Act are as shown in attached Table 1.
 Article 38-2 (Methods, Procedures, etc. for Applying for Account for Exclusive Use to Receive Benefits)
(1) A person who intends to receive benefits into the account for the exclusive use to receive benefits pursuant to Article 54-2 (1) of the Act shall submit, to the Service, a request for payment of benefits (including an application for repayment of an old age pension and a report of changes in entitlement to a survivor's pension) stating the account number of the account for the exclusive use to receive benefits. The foregoing shall also apply to where he/she changes the account for the exclusive use to receive benefits.
(2) Where a financial institution in which a recipient has opened the account for the exclusive use to receive benefits is unable to conduct normal business due to the closure of business, the suspension of business or problems in information and communications or is unable to transfer benefits for reasons beyond its control corresponding thereto, the Service shall pay benefits to the changed account for the exclusive use to receive benefits in another financial institution at the request of the recipient: Provided, That where the recipient is unable to open the account for the exclusive use to receive benefits in another financial institution and he/she wishes, the Service may pay benefits in cash through a financial institution it designates.
[This Article Newly Inserted by Presidential Decree No. 26366, Jun. 30, 2015]
 Article 39 (Persons to be Paid Unpaid Benefits, etc.)
Persons who have absconded from home or gone missing and thus are not paid unpaid benefits pursuant to the proviso to Article 55 (1) of the Act, and siblings who can be paid unpaid benefits and whose livelihood are supported by a beneficiary are specified in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 23908, Jun. 29, 2012]
 Article 40 (Method of Payment of Unpaid Benefits)
Where at least two persons are in the same priority position to be paid unpaid benefits pursuant to Article 55 (2) of the Act, payment method thereof shall be as follows: <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
1. A claim made by one person among those in the same priority position shall be deemed a claim made for the portion payable to such person;
2. If the persons in the same priority position or their legal representative appoints a representative to be paid all or some of the benefits for the persons in the same priority position, the representative may make a claim for all or some of the unpaid benefits for the persons in the same priority position.
 Article 41 (Notice, etc. of Amount of Recovery)
(1) If a cause of recovery of benefits arises as prescribed in Article 57 (1) of the Act, the Service shall determine an amount to recover (hereinafter referred to as "amount of recovery", which includes interest referred to in Article 57 (2) of the Act) and issue notice thereof, specifying a period of at least 20 days. <Amended by Presidential Decree No. 23908, Jun. 29, 2012; Presidential Decree No. 27635, Nov. 29, 2016>
(2) If the amount of recovery is not paid by a deadline specified under paragraph (1), the Service shall demand the payment of the amount of recovery by fixing a period of at least 20 days. <Amended by Presidential Decree No. 23908, Jun. 29, 2012>
(3) The amount of recovery may be paid in monthly installments, as follows: <Amended by Presidential Decree No. 23908, Jun. 29, 2012>
1. Where the amount of recovery (based on the date of application for payment in installments; hereafter the same shall apply in this paragraph) is at least 200,000 won but less than 400,000 won: Up to two installments;
2. Where the amount of recovery is at least 400,000 won but less than 1.2 million won: Up to four installments;
3. Where the amount of recovery is at least 1.2 million won but less than 3.6 million won: Up to 12 installments;
4. Where the amount of recovery is at least 3.6 million won: Up to 36 installments.
(4) Where a person liable to pay the amount of recovery under Article 57 (1) of the Act pays the amount of recovery in installments pursuant to paragraph (3), he/she shall pay the amount of recovery in installments by the deadline for payment under paragraph (1) every month from the month following the month to which the date he/she files an application for payment in installments belongs. In such cases, except cases where the amount of recovery occurs due to reasons imputable to the Service, he/she shall pay the amount calculated by multiplying the amount of recovery in installments by the interest rate on the fixed deposit with one-year maturity (where the interest rate is changed during the period of calculation of the interest rate or interest rates vary depending on banks, the interest rate to be applied shall be the average interest rate of interest rates which banks that provide financial services nationwide among the banks established pursuant to the Banking Act apply on January 1 of the relevant year), in addition to the amount of recovery for the period from the month to which the date he/she files an application for payment in installments belongs to one month prior to the month to which the date he/she pays the amount in installments belongs. <Newly Inserted by Presidential Decree No. 26366, Jun. 30, 2015; Presidential Decree No. 27635, Nov. 29, 2016>
(5) Where a person has failed to pay the amount of recovery under paragraph (3) for at least three consecutive months, the Service may recover the amount all at once. <Amended by Presidential Decree No. 23908, Jun. 29, 2012; Presidential Decree No. 26366, Jun. 30, 2015>
 Article 42 (Interest to be Added in Recovery of Pension Benefits)
(1) The period of calculating interest to be added to benefits pursuant to the main sentence of Article 57 (2) of the Act shall be the number of months, starting from the month in which the date the relevant benefits were paid falls, to the month immediately preceding the month in which the date a notice of the amount of recovery is issued falls, and the interest amount accrued thereafter shall be calculated by adding the interest calculated on a yearly basis to the benefits provided. <Amended by Presidential Decree No. 23908, Jun. 29, 2012>
(2) The interest rate to be applied to the period for calculation of interest under paragraph (1) shall be as follows: <Amended by Presidential Decree No. 23908, Jun. 29, 2012>
1. Cases falling under Article 57 (1) 1 of the Act: the interest rate on a time deposit with three-year maturity;
2. Cases falling under Article 57 (1) 2 of the Act: the interest rate on a time deposit with one-year maturity.
 Article 42-2 (Exemption from Collection of Arrears in Recovery of Pension Benefits)
The Service may elect not to collect arrears as pursuant to the proviso to Article 57 (3) of the Act in any of the following cases:
1. Where arrears are not paid due to a war or other calamities;
2. Where arrears are not paid due to disaster, including fire.
[This Article Newly Inserted by Presidential Decree No. 23908, Jun. 29, 2012]
 Article 43 (Exemption from Collection of Amount of Recovery) <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
The amount of recovery which the Service does not collect pursuant to the proviso to Article 57 (1) of the Act, shall be an amount less than 3,000 won. <Amended by Presidential Decree No. 23908, Jun. 29, 2012; Presidential Decree No. 27635, Nov. 29, 2016>
 Article 44 (Amount of Prohibition against Seizure of Paid Benefits)
The amount of benefits paid to a beneficiary which is not subject to seizure under Article 58 (2) of the Act shall be an amount determined in the main sentence of Article 2 of the Enforcement Decree of the Civil Execution Act. <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
 Article 45 (Income-Earning Activities)
(1) "Income-earning activities prescribed by Presidential Decree" referred to in Articles 61 (2) and 63-2 of the Act shall be activities generating income, where an amount obtained by dividing the aggregate of incomes in the following subparagraphs by the number of months a person is engaged in an activity (referring to the number of months a person engages in an activity in the relevant year; and a period of less than a month shall be deemed one month) exceeds an amount calculated pursuant to Article 51 (1) 1 of the Act: <Amended by Presidential Decree No. 23359, Dec. 8, 2011; Presidential Decree No. 23908, Jun. 29, 2012>
1. Deleted; <by Presidential Decree No. 22347, Aug. 17, 2010>
2. Business income falling under Article 19 (2) of the Income Tax Act;
3. Labor income falling under Article 20 (2) of the Income Tax Act.
(2) Where the Service calculates the amount of income pursuant to paragraph (1), it shall calculate the amount of income for the year in which entitlement to an old age pension under Article 61 of the Act (hereinafter referred to as "entitlement to a pension" in this paragraph) arises, based on the amount obtained by dividing the aggregate of the amounts in each of the following subparagraphs by the number of months a person has engaged in income earning activities from the month following the month entitlement to a pension arises: Provided, That where the month entitlement to a pension arises is December, it shall calculate the amount of income based on the amount of income in the following year and the number of months he/she has engaged in income earning activities: <Newly Inserted by Presidential Decree No. 25658, Oct. 15, 2014>
1. Business income under Article 19 (2) of the Income Tax Act: The aggregate of business incomes generated from the month following the month entitlement to a pension arises;
2. Labor income under Article 20 (2) of the Income Tax Act: The aggregate of the following amounts:
(a) Monthly income: The aggregate of the amount of income generated from the month following the month entitlement to a pension arises;
(b) Income paid at a specific point of time by fixing a period for payment, such as quarterly payment (hereinafter referred to as "regular income" in this subparagraph): The amount calculated by multiplying an amount converted to a monthly based amount by dividing regular income paid from the month following the month entitlement to a pension arises, by the period for payment from the month following the month entitlement to a pension arises;
(c) Income paid at a specific point of time without fixing a period for payment (hereinafter referred to as "temporary income" in this subparagraph): The amount calculated by multiplying an amount converted to a monthly based amount by dividing temporary income accrued from the month following the month entitlement to a pension arises by the number of months a person has engaged in income earning activities within the relevant year (only applicable to the period in which he/she has engaged in activities in the place of business which generated temporary income), by the number of months he/she has engaged in income earning activities (only applicable to the period in which he/she has engaged in activities in the place of business which generated temporary income) from the month following the month entitlement to a pension arises.
(3) Where the Service pays pension benefits to an old age pensioner under Article 61 of the Act, it may reduce pension benefits for the pertinent year or suspend the payment of such pension benefits, based on data provided by the State, etc. pursuant to Article 123 (2) of the Act: Provided, That the same shall not apply where a pensioner submits objective data proving income of the pertinent year. <Newly Inserted by Presidential Decree No. 23359, Dec. 8, 2011; Presidential Decree No. 25658, Oct. 15, 2014; Presidential Decree No. 27635, Nov. 29, 2016>
(4) The Service shall determine an amount to reduce or a suspended payment amount for the pertinent year after the final return on the tax base of global income is filed under Article 70 of the Income Tax Act, and shall pay the adjusted difference by adding or deducting the said amount when it pays pension benefits: Provided That it shall collect the difference pursuant to Article 41 if no benefits are payable due to the death of a beneficiary, the suspension of payment of the total amount, etc. <Newly Inserted by Presidential Decree No. 23359, Dec. 8, 2011; Presidential Decree No. 25658, Oct. 15, 2014>
 Article 46 (Degree, etc. of Disability)
(1) The criteria for the classification of the degree of disability under Article 67 (4) of the Act shall be as specified in attached Table 2. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
(2) The Service shall examine the degree of disability to determine a disability grade.
(3) The Service may appoint disability examination commissioners or advisory physicians for the proper examination of the degree of disability.
(4) Necessary matters concerning the qualification of disability examination commissioners and advisory physicians, criteria of determination of the degree of disability, etc. shall be determined and announced by the Minister of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 46-2 (Modification, etc. to Amount of Disability Pension)
The degree of disability referred to in Article 70 (3) 1 of the Act shall be determined on any of the following dates: <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
1. Where a cycle to review the degree of disability designated by the Service considering the probability of alterations of the disability degree has arrived: the last day of the month in which the date such cycle arrives falls;
2. Where a person failed to submit the data related to review although a cycle to review the degree of disability referred to in subparagraph 1 has arrived, so he/she submits relevant data after the payment of a disability pension has been suspended pursuant to Article 86 (1) of the Act: the date the relevant data are submitted.
3. Where a person requests the payment of a disability pension after the month following the month in which the base date a disability under Article 67 (2) of the Act is determined falls: the date the payment of a disability pension is requested.
[This Article Newly Inserted by Presidential Decree No. 23908, Jun. 29, 2012]
 Article 47 (Criteria of Recognition of Maintenance of Livelihood of Persons to be Paid Survivor Pension)
The criteria for recognition of persons whose livelihood was supported by a currently or formerly insured person entitled to the survivor pension under Article 73 (1) of the Act shall be as shown in annexed Table 1.
 Article 48 (Method of Payment of Survivor Pension)
When at least two survivors exist in the same priority position under Article 73 (3) of the Act, the provisions of Article 40 shall apply with respect to the method of payment of the survivor pension.
 Article 49 (Income-Earning Activities by Spouse Entitled to Survivor Pension)
In cases of a spouse who is a beneficiary of a survivor pension, Article 45 shall apply mutatis mutandis to the scope of income-earning activities that lead to suspension of payment of the relevant pension pursuant to Article 76 (1) 3 of the Act, suspension of pension payment, the method of settlement, etc. <Amended by Presidential Decree No. 23908, Jun. 29, 2012>
 Article 50 (Calculation of Lump-Sum Refunds)
The Service shall compute the interest which is to be calculated in addition to a lump-sum refund in calculating the lump-sum refund pursuant to Article 77 (2) or 116 (1) of the Act, by multiplying a period from the month following the month a pension premium is paid (including a postponed pension premium under Article 92 of the Act) to the month in which any of the following dates falls by an interest rate of fixed deposits with maturity of three years for the relevant period (where the interest rate is changed during the period of calculating interest or the interest rate is different depending on banks, an applicable interest rate shall be the average interest rate applied by banks conducting business throughout the country among the banks established pursuant to the Banking Act as of January 1 of the relevant year): <Amended by Presidential Decree No. 23359, Dec. 8, 2011; Presidential Decree No. 25658, Oct. 15, 2014>
1. Where the Service calculates a lump-sum refund pursuant to Article 77 (2) of the Act: The date a ground corresponding to any of the subparagraphs of Article 77 (1) of the Act arises;
2. Where the Service calculates a lump-sum refund pursuant to Article 116 (1) of the Act: Any of the following dates:
(a) Where a lump-sum refund is paid pursuant to Article 67 (1) 1 of the former Act (referring to the provisions amended by the National Welfare Pension Act (Act No. 3902) and subsequently repealed by the National Pension Act (Act No. 5623)), it shall be the date five years have passed from the date a cause for the payment of a lump-sum refund to a beneficiary arose; where a beneficiary reaches age 60 before five years lapse, emigrates overseas, loses his/her nationality, or is insured by another public pension, it shall be the date the relevant cause for payment arose;
(b) Where a lump-sum refund is paid under Article 77 (1) 3 of the Act and Article 67 (1) 4 of the former Act: (referring to the amended provisions by the National Pension Act (Act No. 6027)), it shall be the date the relevant cause for payment arose.
 Article 51 (Payment Method of Lump-Sum Refund)
Where there are at least two survivors in the same priority order to be paid a lump-sum refund under Article 77 (3) of the Act, the provisions of Article 40 shall apply mutatis mutandis the payment method.
 Article 52 (Deadline, etc. for Payment of Lump-Sum Refunds)
(1) A lump-sum refund to be returned to the Service by a person paid the lump-sum refund under Article 78 (1) of the Act with interest accrued thereon (hereinafter referred to as "repayment of a lump-sum refund") shall be repaid by the end of the month immediately following the month in which the date of application for the repayment of a lump-sum refund falls in case of repayment in lump sum, or by the end of each month from the month immediately following the month in which the date of application for the repayment of a lump-sum refund falls in case of repayment in installments.
(2) Where the Service allows the lump-sum refund to be repaid in installments pursuant to Article 78 (2) of the Act, it shall divide lump-sum refund amount by the number of months that counts towards the participation period, within the following frequency, at the request of an obligor for repayment, so that it can be repaid on a monthly basis: <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
1. Where the participation period is less than one year: Three installments;
2. Where the participation period is between at least one year but less than five years: 12 installments;
3. Where the participation period is at least five years: 24 installments.
(3) Interest to be added to a lump-sum refund pursuant to Article 78 (1) and (2) of the Act shall be calculated by the following applicable methods. In such cases, if the period over which interest is calculated exceeds one year, interest shall be calculated on a yearly basis to include the interest so calculated in the principal, and interest thereafter shall be re-calculated: <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
1. For lump-sum payment: an amount calculated with regard to a lump-sum refund based on the interest rate on a term deposit with one-year maturity applied during the period from the month a lump-sum refund is repaid to the month preceding the month an application for the repayment of a lump-sum refund is filed;
2. For repayment in installments: an amount calculated with regard to each installment based on the interest rate on a term deposit with one-year maturity applied during the period, beginning with the month a lump-sum refund is repaid, and ending with the month immediately preceding the month repayment in installments is made.
(4) Matters necessary for filing an application for the repayment of a lump-sum refund shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
(5) Deleted. <by Presidential Decree No. 23359, Dec. 8, 2011>
 Article 53 (Persons to be Paid Lump-Sum Death Payments, etc.)
Persons facing circumstances prescribed by Presidential Decree, such as abscondence from home and missing, and thus are not paid lump-sum death payment, and first cousins or closer collateral blood relatives eligible to be paid a lump-sum death payment pursuant to the proviso to Article 80 (1) of the Act, whose livelihood is supported by a deceased currently or formerly insured are specified in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 23908, Jun. 29, 2012]
 Article 54 (Lump-Sum Death Payment Method)
Where at least two persons exist in the same priority order to be paid a lump-sum death payment under Article 80 (3) of the Act, Article 40 shall apply mutatis mutandis to the payment method.
 Article 55 (Restrictions on Payment of Benefits)
The scope of benefits which may not be paid where the payment of benefits is restricted under Article 82 (2) of the Act shall be as classified in the following subparagraphs:
1. In cases of failure to follow medical instructions on purpose or by gross negligence, an amount equivalent to 800/1000 to 1000/1000 of the benefits;
2. In cases of failure to follow medical instructions without any justifiable ground, an amount equivalent to 500/1000 to 800/1000 of the benefits.
 Article 56 (Temporary Suspension of Payment of Benefits)
(1) If the Service intends to suspend the payment of benefits temporarily under Article 86 (2) of the Act, it shall demand the relevant beneficiary to eliminate the cause of such suspension of payment of benefits in writing, by fixing a period of at least 10 days.
(2) If a person demanded under paragraph (1) fails to make necessary measures within the period, the payment of benefits shall be temporarily suspended, for a fixed period within three years from the following month thereof.
(3) If a person for whom the payment of benefits is temporarily suspended under paragraph (1) performs necessary measures during a period of temporary suspension of payment, such temporary suspension shall be removed immediately, and the benefits which were not paid during such period shall be paid.
(4) Where the payment of benefits is suspended under Article 86 (1) of the Act with respect to a person who fails to carry out necessary measures within a period of temporary suspension of payment under paragraph (2), such payment shall be suspended for a period including the period of temporary suspension of payment.
CHAPTER V FINANCIAL RESOURCES AND COLLECTION OF PENSION PREMIUMS, ETC.
 Article 56-2 (Payment of Retroactive Pension Premiums in Installments)
(1) Where a pension premium to be additionally paid pursuant to Article 88 (5) of the Act (hereinafter referred to as "retroactive pension premium") is not less than the pension premium for the relevant month, an insured or employer may file an application for installment payment of retroactive pension premiums. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
(2) An insured or employer who intends to pay retroactive pension premiums in installments pursuant to paragraph (1) shall submit to the Service an application form prescribed by Ordinance of the Ministry of Health and Welfare by no later than three days prior to the deadline for payment of the retroactive pension premium.
(3) An insured or employer who has filed an application for installment payment of retroactive pension premiums pursuant to paragraph (2) may pay the equally divided retroactive pension premiums monthly in up to ten installments. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
(4) The retroactive pension premiums to be paid in installments pursuant to paragraph (3) shall be paid by 10th of the month immediately following the month a notice of each installment is issued: Provided, That the first installment of the retroactive pension premiums shall be paid by the deadline for payment of the retroactive pension premium referred to in paragraph (2).
[This Article Newly Inserted by Presidential Decree No. 23359, Dec. 8, 2011]
 Article 57 (Range of Farmers and Fishermen)
(1) A person who runs or engages in agriculture, forestry, livestock farming, or fishery business (hereinafter referred to as "farmers or fishermen") as prescribed in the proviso to Article 89 (1) of the Act, shall be those falling under subparagraph 2 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry or subparagraph 3 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development. <Amended by Presidential Decree No. 21847, Nov. 26, 2009; Presidential Decree No. 22250, Jul. 1, 2010; Presidential Decree No. 26754, Dec. 22, 2015>
(2) Notwithstanding paragraph (1), if a person is engaged in agricultural business under subparagraph 1 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry (hereafter referred to as "agriculture" in this Article), or fisheries under subparagraph 1 (a) of Article 3 of the Framework Act on Fisheries and Fishing Villages Development (hereafter referred to as "fisheries" in this Article) concurrently, whether he/she is a farmer or fisherman shall be determined by aggregating the amount of sales or the engagement period in each industry, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22250, Jul. 1, 2010; Presidential Decree No. 26754, Dec. 22, 2015>
(3) Notwithstanding paragraphs (1) and (2), each of the following persons shall be excluded from farmers and fishermen: <Amended by Presidential Decree No. 22250, Jul. 1, 2010>
1. A person who has any other income that exceeds the total amount of income earned from agriculture (including that earned from agriculture-related businesses) and income earned from fisheries (including that earned from fisheries-related businesses);
2. A person whose annual income excluding the total amount of income earned from agriculture (including that earned from agriculture-related businesses) and income earned from fisheries (including that earned from fisheries-related business) exceeds an amount equivalent to twelve times the average monthly income of the previous year calculated under Article 4.
(4) A person who is a farmer or fisherman under paragraphs (1) and (2) shall obtain confirmation from the head of a Si/Gun/Gu/Eup having jurisdiction over the location of his/her residence or lands, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That the foregoing shall not apply to any of the following persons: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22250, Jul. 1, 2010; Presidential Decree No. 25658, Oct. 15, 2014>
1. A person who can be confirmed as a farmer in the farmland ledger under Article 49 of the Farmland Act;
1-2. A person whose business information on agriculture and fisheries is registered pursuant to Article 4 (1) of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;
2. A person who has obtained permission to practice animal husbandry pursuant to Article 22 (1) of the Livestock Industry Act, and a person whose animal husbandry is registered pursuant to paragraph (2) of the aforesaid Article;
3. A person who has obtained a fishing license under Article 8 of the Fisheries Act, whose fishing right is registered under Article 17 of the said Act, who has obtained a fishing permit under 41 of the said Act, or who has filed an application for fishing under Article 47 of the said Act.
 Article 58 (Advance Payment and Return of Pension Premiums)
(1) A person who intends to pay pension premiums in advance pursuant to Article 89 (2) and (3) of the Act shall file an application for advance payment of pension premiums, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the period of advance payment shall be less than one year, and the period shall be less than five years with regard to a person aged 50 or older at the time of filing an application for advance payment.
(2) Upon receiving an application filed under paragraph (1), the Service shall estimate an amount to be paid in advance by the relevant applicant and determine the following matters, and the applicant for advance payment shall pay the estimated aggregate of pension premiums to be paid in advance referred to in subparagraph 4 by the deadline for payment of the pension premiums in the month immediately preceding the month in which the period of advance payment begins:
1. An amount of pension premium for the month in which the date of application for advance payment falls (hereafter referred to as "standard pension premium" in this Article);
2. An amount to be reduced due to advance payment (calculated on a monthly basis by multiplying the amount of the standard pension premium by the number of months for advance payment, and by 1/12 of the interest rate on a term deposit with one-year maturity for the year in which the date of application for advance payment falls, respectively; hereinafter referred to as "standard reduction amount");
3. An amount obtained by deducting the standard reduction amount from the amount of the standard pension premiums (hereafter referred to as "estimated prepaid pension premium" in this Article);
4. The aggregate of pension premiums for advance payment, which are obtained by adding up the estimated pension premiums for advance payment.
(3) If an applicant pays the aggregate pension premiums for advance payment pursuant to paragraph (2), the Service shall determine the following matters each month, and if advance payment is made for at least one year, it shall notify the applicant of the advance payment balance referred to in subparagraph 4:
1. An amount of pension premium for a relevant month which is imposed on an applicant during the period of advance payment in accordance with Article 88 (2) of the Act (hereafter referred to as "settled pension premium" in this Article);
2. An amount reduced due to advance payment (calculated by multiplying the settled pension premium by the number of months for advance payment and by 1/12 of the interest rate on a term deposit with one-year maturity for the relevant period, respectively; hereafter referred to as "settled reduction amount" in this Article);
3. An amount computed by deducting the settled reduction amount from the amount of settled pension premium (hereafter referred to as "settled prepaid pension premium" in this Article);
4. An amount computed by fully deducting the estimated settled pension premiums for advance payment accrued up until the relevant month from the aggregate pension premiums for advance payment (hereinafter referred to as "advance payment balance").
(4) The settled prepaid pension premium determined pursuant to paragraph (3) shall be deemed paid on the date prescribed in Article 89 (2) of the Act.
(5) In any of the following cases, the Service shall determine the return of the remainder of prepaid pension premiums at the time it confirms the cause thereof, and the NHIS shall return the said amount to the relevant applicant, but in cases falling under subparagraph 6, the Service may appropriate the remainder of the prepaid pension premiums for a pension premium payable for one month if the applicant agrees to do so. In such cases, Article 73 (2) through (4) shall apply mutatis mutandis to the method of return: <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
1. Where an applicant dies;
2. Where an applicant loses his/her nationality or emigrates overseas;
3. Where an applicant becomes excluded from insurance coverage referred to in Article 6 of the Act (excluding cases where he/she acquires the status of a voluntarily and continuously insured person referred to in Article 13 of the Act);
4. Where an applicant receives an old age pension, early old age pension, or lump-sum refund referred to in Article 61 or 77 (1) of the Act;
5. Where the settled pension premiums for the advance payment period are fully paid;
6. Where balance of advance payment becomes smaller than settled pension premiums;
7. Where an applicant files an application for return.
[This Article Wholly Amended by Presidential Decree No. 23908, Jun. 29, 2012]
 Article 59 (Provision of Benefits to Persons Using Automatic Account Transfer)
The Service may provide a person who pays pension premiums by automatic account transfer under Article 89 (4) of the Act with a deduction of an amount corresponding to the expenses saved as a result of automatic account transfer or offer money and valuables or free gifts, etc. by lot.
 Article 59-2 (Range of Transferees)
The range of transferees under the latter part of Article 90-2 (2) of the Act shall mean persons who comprehensively acquire all the rights (excluding rights concerning accounts receivable) and obligations (excluding obligations concerning accounts payable) concerning the business of each workplace.
[This Article Newly Inserted by Presidential Decree No. 26744, Dec. 22, 2015]
 Article 59-3 (Value of Assets Taken over)
(1) The value of assets a person acquires under the latter part of Article 90-2 (2) of the Act shall be the following amount:
1. Where there is an amount a transferee of the business has paid or should pay a transferor, the amount;
2. Where there is no amount under paragraph (1) or the amount is unclear, the value calculated by subtracting total liabilities from total assets after the NHIS assesses assets and liabilities a person has acquired by applying Articles 60 through 66 of the Inheritance Tax and Gift Tax Act.
(2) Where a transferor under Article 90-2 (2) of the Act has two or more workplaces and a transferee acquires one of those workplaces, the value of assets he/she acquires shall be the value of assets related to the workplace he/she acquires.
(3) Notwithstanding paragraph (1), in any of the following cases, the value of assets a transferee acquires shall be the larger amount between the amount under paragraph (1) 1 and the amount under paragraph (1) 2:
1. Where the difference between the amount under paragraph (1) 1 and the current price under Article 60 of the Inheritance Tax and Gift Tax Act is at least 300 million won;
2. Where the difference between the amount under paragraph (1) 1 and the current price under Article 60 of the Inheritance Tax and Gift Tax Act is at least the amount equivalent to 30 percent of the current price.
[This Article Newly Inserted by Presidential Decree No. 26744, Dec. 22, 2015]
 Article 59-4 (Payment of Pension Premiums, etc. by Credit Card, etc.)
(1) Deleted. <by Presidential Decree No. 28483, Dec. 19, 2017>
(2) "Institutions, etc. prescribed by Presidential Decree" in Article 90-3 (1) of the Act means the following institutions: <Amended by Presidential Decree No. 26744, Dec. 22, 2015>
1. The Korea Financial Telecommunications and Clearings Institute established with the permission of the Financial Services Commission pursuant to Article 32 of the Civil Act;
2. An institution designated by the Service or the NHIS in consideration of facilities, the ability to conduct affairs, the size of shareholders' equity, etc. among institutions making settlement payments by credit card, debit card, etc. (hereafter in this Article referred to as "credit card, etc.") using the information and communication network.
(3) The Service or the NHIS shall approve commissions for the payment of pension premiums on behalf of persons liable for payment under Article 90-3 (3) of the Act comprehensively taking into account operating expenses, etc. of an institution that pays pension premiums on behalf of persons liable for payment. In such cases, no commission for the payment of pension premiums for persons liable for payment shall exceed one percent of the amount paid of the relevant pension premiums, arrears, expenses incurred in collecting delinquent pension premiums, and other dues (hereafter in this Article referred to as "pension premiums, etc."). <Amended by Presidential Decree No. 26744, Dec. 22, 2015>
(4) The Service or the NHIS may prescribe matters necessary for the payment of pension premiums, etc. by credit card, etc.
[This Article Newly Inserted by Presidential Decree No. 26212, Apr. 28, 2015]
 Article 60 (Exemption from Payment of Pension Premiums)
The cases in which pension premiums may not be paid under Article 91 (1) 7 of the Act shall be any of following cases: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. Where a person is hospitalized for at least three months due to a disease or injury;
3. Where a person's income is decreased as a result of disaster, accident, etc. to the extent that payment of pension premiums is deemed to make it difficult to maintain the basic living conditions as determined by the Minister of Health and Welfare.
 Article 61 (Application for Exception to Payment of Pension Premiums, etc.)
(1) Where an employer or an individually insured person desires not to pay pension premiums pursuant to Article 91 (1) of the Act, he/she shall apply to the Service for exception to the payment of pension premiums, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) If the Service deems it impractical to collect pension premiums from an individually insured person due to a cause referred to in Article 91 (1) 2 through 6 of the Act, the Service may determine an exception to the payment of pension premiums for the period in which such cause exists, notwithstanding paragraph (1): Provided, That where pension premiums have been paid for the whole or part of the period in which the cause exists, the foregoing shall not apply to the paid pension premiums.
(3) With respect to a person who fails to pay pension premiums for the cause under Article 91 (1) 6 or 7 of the Act, the Service shall confirm whether the cause for exception ceases to exist at the lapse of each year from the date of beginning to apply such exception.
(4) Where a person's grounds for exception to payment of pension premiums cease to exist, the Service shall notify the relevant insured person of such fact in advance.
(5) The provision of Article 20 (1) shall apply mutatis mutandis to the criteria for recognition of a person’s unknown whereabouts under Article 91 (1) 6 of the Act.
(6) The period of exception to payment shall be from the month a cause for exception to payment occurs until the month the cause for exception to payment ceases to exist: Provided, That in any of the following cases, the period of exception to payment shall last until the month preceding the month a cause for exception to payment ceases to exist:
1. Where the date the cause for exception to payment ceases to exist is the first day of such month;
2. Where an insured person desires to pay the pension premium for the month the cause for exception to payment ceases to exist.
 Article 62 (Application for Deferred Payment of Pension Premiums, etc.)
(1) If an insured person intends to pay pension premiums corresponding to the whole or part of the period specified in any subparagraph of Article 92 (1) of the Act (hereinafter referred to as "supplementary pension premiums") to the Service, he/she shall submit an application for the deferred payment of pension premiums to the Service, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 27635, Nov. 29, 2016>
(2) Where a voluntarily insured person files an application for the deferred payment of pension premiums pursuant to the proviso to Article 92 (3) of the Act, the upper limit of pension premiums for the calculation of supplementary pension premiums shall be the amount equivalent to 90/1,000 of the amount calculated pursuant to Article 51 (1) 1 of the Act based on the date he/she files an application for the deferred payment of pension premiums. <Newly Inserted by Presidential Decree No. 27635, Nov. 29, 2016; Presidential Decree No. 28483, Dec. 19, 2017>
(3) Where an insured person pays supplementary pension premiums in installments pursuant to Article 92 (4) of the Act, he/she may pay such pension premiums once a month in 60 monthly installments at his/her request, and an amount to be paid in each installment shall be calculated per month. <Newly Inserted by Presidential Decree No. 27635, Nov. 29, 2016; Presidential Decree No. 28483, Dec. 19, 2017>
(4) With respect to the deadline for the deferred payment of pension premiums, and if such supplementary pension premiums are paid in installments, the provisions of Article 52 (1) and (3) shall apply mutatis mutandis to the method, additional interest, etc. thereof. In such cases, the "repayment of a lump-sum refund" shall be construed as "supplementary pension premiums. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
 Article 63 (Imposition of Pension Premiums of Workplace-Based Insured Persons Employed in at least Two Workplaces Covered by National Pension Scheme)
Where a workplace-based insured person is an employee or employer in at least two workplaces covered by the National Pension Scheme, the Service shall impose pension premiums of such workplace-based insured based on the standard monthly income in each workplace, respectively: <Amended by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 23359, Dec. 8, 2011>
 Article 64 (Demand for Payment of Pension Premiums, etc.)
(1) When the NHIS demands for the payment of pension premiums by a workplace-based insured person and other incidental dues in accordance with Article 95 (1) of the Act, it shall issue a reminder to the employer of the relevant workplace-based insured person within 20 days from the lapse of the payment deadline. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
(2) When the NHIS demands for the payment of pension premiums by an individually insured person or other incidental dues in accordance with Article 95 (1) of the Act, it shall issue a reminder to the insured person concerned within three months from the lapse of the payment deadline. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
(3) Where the NHIS urges a secondary person liable for payment to pay pension premiums, arrears and expenses incurred in collecting delinquent pension premiums pursuant to Article 95 (1) of the Act, it shall issue a demand note to a secondary person liable for payment within 20 days after the deadline for payment. <Newly Inserted by Presidential Decree No. 26744, Dec. 22, 2015>
 Article 65 (Appropriation for Pension Premiums at Time of Disposition on Default)
Where the Service collects delinquent pension premiums and other dues in the same manner as delinquent national taxes are collected under Article 95 (4) of the Act, if the allotted amount to be appropriated for the delinquent amount after concluding the disposition on default falls short of such delinquent amount, the Service shall appropriate it for pension premiums and other dues in the manners as referred to in the following subparagraphs: <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
1. Where pension premiums for at least two months are delinquent: In the order of the arrears and pension premium of the month of earlier payment deadline;
2. Where a pension premium for at least one month is delinquent: In the order of the arrears and pension premium;
3. Where a person who fails to pay pension premiums, notwithstanding subparagraphs 1 and 2, fails to pay pension premiums as a workplace-based insured person (limited to an employer who is not a corporation) after he/she failed to pay pension premiums as an individually insured person: It shall be first appropriated for the arrears and pension premium of the month of earlier payment deadline of a workplace-based insured person, and then in the order of arrears and pension premium of the month of earlier payment deadline of an individually insured person.
 Article 66 (Request, etc. for Sales on Behalf of the Service)
(1) Where the NHIS requires the Korea Asset Management Corporation established under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation (hereinafter referred to as the "Korea Asset Management Corporation") to sell seized property on behalf the NHIS pursuant to Article 95 (5) of the Act, it shall send the Korea Asset Management Corporation a written request for a sale by proxy in which the following matters are stated: <Amended by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 25279, Mar. 24, 2014>
1. Name, address or place of residence of a delinquent person;
2. Type, quantity, quality and location of property to be sold;
3. Details of pension premiums and other dues relating to seizure, and payment deadline;
4. Other necessary matters.
(2) The NHIS shall notify a delinquent person, a person holding rights to property, including lease right on a deposit basis, pledge, mortgage, or other rights, and a person holding seized property, of a sale by proxy. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
 Article 67 (Transfer of Seized Property)
(1) When requesting a sale by proxy under Article 66 (1), the NHIS may transfer property in its possession or it has left in the custody of a third person to the Korea Asset Management Corporation: Provided, That the transfer of property that the NHIS has left in a custody of a third person may be substituted by the transfer of a certificate of custody issued by the third person. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
(2) When the Korea Asset Management Corporation takes over seized property under paragraph (1), it shall formulate a certificate indicating the seized property is taken over.
 Article 68 (Request for Cancellation of Sales by Proxy)
(1) If there is any property which remains unsold for two years from the date the Korea Asset Management Corporation receives a request for the sale on behalf of the NHIS, it may request the NHIS to cancel the request for the sale of the property by proxy. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
(2) The NHIS shall, upon receipt of a request for cancellation of request under paragraph (1), comply with the request, unless any special circumstance exists. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
 Article 69 (Notice of Release from Seizure)
(1) Where the NHIS releases the property from seizure which it requested the Korea Asset Management Corporation to sell by proxy, prior to the due date of sale, it shall notify the Korea Asset Management Corporation of such fact without delay. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
(2) The Korea Asset Management Corporation shall, upon receipt of a notice under paragraph (1), stop the sale of the relevant property and notify the NHIS of such fact. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
 Article 70 (Detailed Matters concerning Sales by Proxy)
The NHIS shall determine matters which are necessary for a sale that the Korea Asset Management Corporation vicariously conducts under Article 95 (5) of the Act, which are prescribed in this Decree, in detail following consultation with the Korea Asset Management Corporation. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
 Article 70-2 (Contracts Subject to Certification of Payment)
"Contracts prescribed by Presidential Decree, such as construction, manufacture, purchase and services" in the main sentence of Article 95-2 (1) of the Act means all contracts that receive the price for construction, the manufacture and purchase of goods, the procurement of services, etc. under Article 2 of the Act on Contracts to Which the State Is a Party, Article 2 of the Act on Contracts to Which a Local Government Is a Party, and Article 39 (3) of the Act on the Management of Public Institutions.
[This Article Newly Inserted by Presidential Decree No. 26744, Dec. 22, 2015]
 Article 70-3 (Certification, etc. of Payment)
(1) Where a person liable for payment of pension premiums (hereafter referred to as "person liable for payment" in this Article and Article 70-4) under Article 88 of the Act intends to certify the payment of pension premiums, arrears and expenses incurred in collecting delinquent pension premiums pursuant to the main sentence of Article 95-2 (1) of the Act, he/she shall request the NHIS to issue a document proving that he/she does not have pension premiums in arrears, arrears and expenses incurred in collecting delinquent pension premiums (hereafter referred to as "payment certificate" in this Article and Article 70-4). <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
(2) Where a person liable for payment has not failed to pay pension premiums, arrears and expenses incurred in collecting delinquent pension premiums at the time a payment certificate is issued, the NHIS in receipt of a request under paragraph (1) shall issue a payment certificate. In such cases, the NHIS shall issue a payment certificate within 30 days from the date it receives such request. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
(3) Where a payment certificate is issued to a person liable for payment pursuant to paragraph (2), he/she shall immediately submit the payment certificate to the State, a local government or a public institution under Article 4 of the Act on the Management of Public Institutions. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
(4) Where a person who is paid the price for a contract under Article 70-2 is not an original contractor, he/she shall submit a payment certificate according to the following classification. In such cases, paragraphs (1) through (3) shall apply mutatis mutandis to procedures for certifying payment: <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
1. Where it is required to submit a payment certificate due to the assignment of an obligation: Payment certificates of a transferor and a transferee;
2. Where it is required to submit a payment certificate to comply with an assignment order issued by a court: A payment certificate of an execution creditor;
3. Where a person is directly paid a subcontract price for construction pursuant to Article 14 (1) 1 and 2 of the Fair Transactions in Subcontracting Act: A payment certificate of a subcontractor.
[This Article Newly Inserted by Presidential Decree No. 26744, Dec. 22, 2015]
 Article 70-4 (Exemption from Obligatory Verification of Payment)
Pursuant to the proviso to Article 95-2 (1) of the Act, a person may choose not to verify payment in any of the following cases: <Amended by Presidential Decree No. 27635, Nov. 29, 2016; Presidential Decree No. 28483, Dec. 19, 2017>
1. Where the NHIS is paid the price after deposition on delinquent pension premiums under Article 95 of the Act;
2. Where the competent court recognizes that it is difficult to proceed with bankruptcy procedures smoothly because a trustee in bankruptcy under the Debtor Rehabilitation and Bankruptcy Act has not received a payment certificate, and he/she requests the NHIS an exemption from submission of a payment certificate;
3. Where a person intends to pay all the price he/she has been paid as pension premiums in arrears, arrears and expenses incurred in collecting delinquent pension premiums, or part of the price as all pension premiums in arrears, arrears and expenses incurred in collecting delinquent pension premiums;
4. Where the price which a person liable for payment is to receive is paid as any of the following expenses or funds:
(c) Other funds prescribed and announced by the Minister of Health and Welfare, which are in the nature of daily expenses;
5. Where delinquent pension premiums, arrears thereof and expenses incurred in collecting delinquent pension premiums are not paid due to deferment of the collection or deferment of the realization of assets due to action to collect delinquent pension premiums under Article 140 of the Debtor Rehabilitation and Bankruptcy Act;
6. Other cases the Minister of Health and Welfare deems necessary, such as where it is impossible to perform a contract in the nature of the contract if procedures to prove the fact that an insured person has paid pension premiums are followed.
[This Article Newly Inserted by Presidential Decree No. 26744, Dec. 22, 2015]
 Article 70-5 (Service by Mail)
Where the Service or the NHIS serves documents under Articles 57-2, 88-2, and 95 of the Act by mail pursuant to the proviso to Article 96 of the Act, it may serve documents by regular mail, notwithstanding the main sentence of Article 10 (2) of the Framework Act on National Taxes.
[This Article Newly Inserted by Presidential Decree No. No. 22347, Aug. 17, 2010]
 Article 71 (Exception to Collection of Arrears)
The cases where arrears may be not collected under Article 97 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 27635, Nov. 29, 2016>
1. Where payment is defaulted due to war or other calamities;
2. Where payment is defaulted due to the closure of a workplace (limited to a workplace-based insured);
3. Where payment is defaulted due to an outbreak of a disaster, such as fire;
4. Where a person liable for payment working at a place of business that belongs to the type of industry designated and announced by the Minister of Employment and Labor pursuant to Article 32 of the Framework Act on Employment Policy and Article 29 (1) of the Enforcement Decree of the aforesaid Act fails to pay pension premiums;
5. Other cases in which collection of arrears is difficult, as determined by Ordinance of the Ministry of Health and Welfare.
 Article 72 (Accounting Agency for Pension Premiums, etc.)
(1) The president of the NHIS may appoint a director collecting pension premium from among its standing executive directors, and may also appoint officers collecting pension premium from among its personnel, to make them in charge of collecting pension premiums and arrears under Articles 88 (2) and 97 of the Act. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
(2) The president of the NHIS may appoint a director collecting returned and postponed pension premiums, etc. from among its standing directors, and may also appoint officers collecting returned and postponed pension premiums, etc. from among its personnel, to make them in charge of collecting, etc. of dues under the Act, other than the dues under paragraph (1). <Newly Inserted by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 26366, Jun. 30, 2015>
 Article 72-2 (Disclosure of Personal Information of Those with Large Amount of or Repetitive Overdues and Reasons etc. for Exclusion of Disclosure)
(1) “Where there is a compelling reason prescribed by Presidential Decree not to do so, such as partial payment of an amount in arrears” in the proviso of Article 97-2 (1) of the Act means any of the following cases:
1. Where a defaulter (limited to workplace-based insured persons; hereinafter the same shall apply in this Article and Article 72-4) pays not less than 30/100 of the delinquent pension premiums, arrears and expenses for disposition on default pursuant to Article 97-2 (1) of the Act (hereinafter referred to as “arrears” in this Article) within six months from the date of notice under Article 97-2 (3) of the Act;
2. Where as a result of determination to grant authorization of the rehabilitation plan under Article 243 of the Debtor Rehabilitation and Bankruptcy Act, the payment in arrears is postponed for a defaulter and he/she is in the period of postponement, or a defaulter is paying the arrears according to the payment schedule of the rehabilitation plan;
3. Where the Deliberative Committee on Disclosure of Information on Pension Premiums in Article 97-2 (2) of the Act (hereinafter referred to as “the Deliberative Committee on Disclosure of Information on Pension Premiums”) deems that there is no actual benefit of disclosing personal information of a defaulter (referring to personal information of an employer), the amount of arrears, etc. (hereinafter referred to as “personal information, etc.” in this Article), in such cases as where a delinquent person suffered heavy property loss due to disasters, etc. and his/her business is facing a serious crisis.
(2) Where the NHIS and the Deliberative Committee on Disclosure of Information on Pension Premiums deliberate on and select persons whose personal information, etc. is subject to disclosure pursuant to Article 97-2 (2) and (3), they shall decide whether such persons are financially capable of making the payments pursuant to Article 97-2 (1) upon overall consideration of their property status and income level, whether they are a minor, and other circumstances.
(3) Where the NHIS issues a notice to a person whose personal information, etc. is subject to disclosure that his/her personal information, etc. is subject to disclosure pursuant to Article 97-2 (3), it shall urge the payment of arrears; where there are grounds for exclusion of disclosure pursuant to the proviso to paragraph (1) of the same Article, it shall guide him/her to submit materials for explanation thereof.
(4) Where the NHIS discloses personal information, etc. of a defaulter pursuant to Article 97-2 (4), it shall disclose the name or trade name (where the defaulter is a corporation, including the name of the corporation and the name of a representative of the corporation), age, address, payment deadline, amount of arrears and period of arrears of the defaulter.
[This Article Newly Inserted by Presidential Decree No. 24499, Apr. 16, 2013]
 Article 72-3 (Organization and Operation of the Deliberative Committee on Disclosure of Information on Pension Premiums)
(1) The Deliberative Committee on Disclosure of Information on Pension Premiums shall be comprised of eleven members including one chairperson.
(2) A standing director in charge of collecting pension premiums among executive officers of the NHIS shall be the chairperson of the Deliberative Committee on Disclosure of Information on Pension Premiums, and the chairperson of the NHIS shall name or appoint members from among the following persons:
1. One staff member of the Service;
2. Three staff members of the NHIS;
3. One Grade III or Grade IV national public official of the Ministry of Health and Welfare who is in charge of duties related to collection of pension premium;
4. One Grade III or Grade IV national public official of the National Tax Service;
5. Four experts that have much knowledge and experience in law, accounting or social insurance.
(3) The term of office for members under paragraph (2) 1 through 4 shall be the term of their tenure, and the term of office for members under paragraph (2) 5 shall be two years and may be extended only once.
(4) Meetings of the Deliberative Committee on Disclosure of Information on Pension Premiums shall be convened with a majority of incumbent members constituting a quorum including the chairperson, and a resolution shall be adopted with the concurring votes of a majority of those present.
(5) Necessary matters concerning the organization and operation of the Deliberative Committee on Disclosure of Information on Pension Premiums shall be prescribed by the NHIS, except as otherwise expressly provided for in paragraphs (1) through (4).
[This Article Newly Inserted by Presidential Decree No. 24499, Apr. 16, 2013]
 Article 72-4 (Exclusion and Abstention of Members of Deliberative Committee on Disclosure of Information on Pension Premiums)
(1) Any member of Deliberative Committee on Disclosure of Information on Pension Premiums that falls under any one of the following shall be excluded from the deliberation or resolution:
1. A member that was or is a spouse or relative of a defaulter;
2. A member that was or is an attorney of a defaulter.
(2) Where a member of Deliberative Committee on Disclosure of Information on Pension Premiums falls under any subparagraph of paragraph (1) or he/she is likely to make an unfair resolution, he/she may abstain from a deliberation on or resolution of the relevant case by himself/herself. In such cases, the member that intends to abstain shall reveal the grounds therefor to the chairperson.
[This Article Newly Inserted by Presidential Decree No. 24499, Apr. 16, 2013]
 Article 73 (Appropriation and Return of Erroneous or Overpayment)
(1) Where any erroneous or overpayment referred to in Article 100 of the Act has been made, the Service shall appropriate it for purposes in the following order. In such cases, Article 65 shall apply mutatis mutandis to the method of appropriating dues referred to in subparagraph 3: <Amended by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 23908, Jun. 29, 2012>
1. Expenses of dispositions against default;
2. Amounts of recovery and arrears referred to in Article 57 (3) of the Act;
3. Unpaid pension premiums, and arrears referred to in Article 97 of the Act;
4. One month’s pension premiums to be paid: Provided, That no erroneous or overpayment shall be appropriated against the will of a person eligible to receive the remaining amount of erroneous or overpayment under paragraph (2).
(2) Where any erroneous or overpayment remains after appropriation under paragraph (1), the NHIS shall return the remaining amount of money in the following order. In such cases, if at least two persons are in the same priority position, Article 40 shall apply to the method of return: <Amended by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 25658, Oct. 15, 2014>
1. A person who has paid pension premiums (where the amount to be refunded to an employer cannot be refunded due to the closure of place of business, death of the employer, his/her unknown whereabouts, etc., workers shall be deemed to have paid pension premiums, with regard to pension premiums made by workers of the relevant place of business pursuant to Article 88 (3) of the Act among the amount to be refunded);
2. A beneficiary of a survivor pension under Article 73 of the Act;
3. An heir of a person falling under subparagraph 1.
(3) "Interest prescribed by Presidential Decree" referred to in Article 100 (3) of the Act means an amount obtained by multiplying an erroneous or overpayment referred to in Article 100 (1) by the interest rate on additional dues on refund of national taxes referred to in Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes for the period, beginning with any of the following dates, and ending with the date a determination to appropriate or return such erroneous or overpayment is made: <Amended by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 23908, Jun. 29, 2012>
1. Where an erroneous or overpayment is made after a report on change of insured status is filed under Article 21 of the Act: seven days after the date a report on change of insured status is filed;
2. Cases other than those referred to in paragraph (1): the date immediately following the date any erroneous or overpayment is made.
(4) Where the Service intends to appropriate an erroneous or overpayment under paragraph (1) or the NHIS intends to return the remainder of an erroneous or overpayment under paragraph (2), it shall give written notice of such fact to the persons provided for in paragraph (2). <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
(5) Paragraphs (1) through (4) shall apply mutatis mutandis to any erroneous or overpayment made while collecting repayments of lump-sum refunds and postponed pension premiums; paragraphs (1), (2) and (4) shall apply mutatis mutandis to any erroneous or overpayment made while collecting the amount of recovery. In such cases, "NHIS" shall be construed as "Service". <Amended by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 23908, Jun. 29, 2012>
 Article 73-2 (Those Eligible for Pension Premium Subsidies)
(1) "Workplace of the scale prescribed by Presidential Decree" referred to in Article 100-3 (1) 1 of the Act means a workplace (excluding public institutions defined in subparagraph 1 of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission; hereinafter the same shall apply) where the number of employees, excluding the employer (referring to the CEO in cases of a corporation), among workplace-based insured persons referred to in Article 8 of the Act falls in one of the followings: <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
1. A workplace where the number of employees is less than ten persons as of the last day of the month in which the date of application for subsidies falls, and where the monthly average number of employees in the year immediately preceding the year in which an application for subsidies is filed is less than ten persons;
2. A workplace where the number of employees is less than ten persons as of the last day of the month in which the date of application for subsidies falls, and where the number of employees during the three consecutive months immediately preceding the month in which the date of application for subsidies falls, in the year in which the date of application for subsidies falls, (beginning with the month a workplace has become a mandatorily applicable workplace and ending with the month in which the date of application for subsidies falls, if it becomes a mandatorily applicable workplace referred to in Article 8 (1) of the Act in the year of the date an application for subsidies is filed, and such period does not exceed three months) is less than ten persons.
(2) Where the number of workers is counted pursuant to paragraph (1), if any of the following workers is working in the relevant workplace, the number of workers obtained by subtracting the number of the relevant workers shall be deemed the number of workers in the relevant workplace during that period (in cases of subparagraph 2, referring to the period of exemption from the payment of pension premiums): <Amended by Presidential Decree No. 26938, Jan. 29, 2016; Presidential Decree No. 28483, Dec. 19, 2017>
1. Workers who have taken maternity leave, or miscarriage or stillbirth leave under Article 74 (1) through (3) of the Labor Standards Act;
2. Workers who have been excepted from the payment of pension premiums pursuant to Article 91 (1) of the Act due to parental leave under Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act;
3. Workers who has reduced working hours during the period of childcare under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act.
(3) If a workplace which becomes eligible for subsidized pension premiums pursuant to paragraph (1) has at least ten workers for three consecutive months in the relevant year, the Service shall suspend subsidizing pension premiums from the month following the month when a ground for subsidizing pension premiums arises to the last month of the relevant year. <Newly Inserted by Presidential Decree No. 28483, Dec. 19, 2017>
(4) "Income less than the amount prescribed by Presidential Decree" referred to in Article 100-3 (1) 1 of the Act means the amount of standard monthly income under Articles 6 and 7, which is less than the amount announced by the Minister of Health and Welfare in consultation with the Minister of Employment and Labor, in consideration of the insurance subscription status according to employees' income levels, wage growth rate, labor market conditions, relations with other statutes, etc. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
(5) Property of workers under Article 100-3 (1) 2 of the Act shall include land, buildings, housing units, aircraft and ships under Article 105 of the Local Tax Act. <Newly Inserted by Presidential Decree No. 27635, Nov. 29, 2016>
(6) "Standards prescribed by Presidential Decree" in Article 100-3 (1) 2 of the Act means standards announced by the Minister of Health and Welfare in consultation with the Minister of Employment and Labor in consideration of domestic and global economic conditions, such as inflation rate and economic growth rate, current status of properties and income distribution of the people, current status of gross income distribution of insured persons and relations with other statutes. <Newly Inserted by Presidential Decree No. 27635, Nov. 29, 2016>
[This Article Newly Inserted by Presidential Decree No. 23908, Jun. 29, 2012]
 Article 73-3 (Amount, Methods, etc. of Pension Premium Subsidies)
(1) The amount of pension premium subsidies referred to in Article 100-3 (2) of the Act shall be notified by the Minister of Health and Welfare following consultation with the Minister of Employment and Labor in consideration of employees' income levels and personal history covered by the National Pension Scheme, within the pension premiums borne by an employer and employee, respectively. <Amended by Presidential Decree No. 26938, Jan. 29, 2016; Presidential Decree No. 28483, Dec. 19, 2017>
(2) An employer who intends to obtain pension premium subsidies referred to in paragraph (1) shall file an application for pension premium subsidies to the Service, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Upon receiving an application filed under paragraph (2), the Service shall verify each month whether the relevant employer has paid pension premiums within the payment deadline referred to in Article 89 of the Act, and provide a pension premium subsidy for the relevant month. In such cases, the period for providing subsidies shall start in the month in which the date of application for pension premium subsidies falls and end in the last month of the pertinent year.
(4) Where a workplace is receiving pension premium subsidies as at the end of each year and the average monthly number of its employees for the pertinent year is less than ten persons, such workplace shall be deemed to have filed an application for pension premium subsidies referred to in paragraph (2) on January 1 of the following year and thus, may be continuously provided with pension premium subsides for the following year. In such cases, where any worker falling under any subparagraph of Article 73-2 (2) exists in the relevant workplace, the number of average monthly workers shall be calculated in consideration of the number of workers obtained by subtracting the number of the relevant workers as the number of workers in the relevant workplace during that period (in cases falling under subparagraph 2 of the aforesaid paragraph, referring to the period excepted from the payment of pension premiums). <Amended by Presidential Decree No. 26938, Jan. 29, 2016>
(5) Where pension premium subsidies have been suspended under Article 73-2 (3), no application referred to in paragraph (2) shall be filed until the last month of the pertinent year. <Amended by Presidential Decree No. 28483, Dec. 19, 2017>
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for filing an application for pension premium subsidies, and notification of results thereof and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 23908, Jun. 29, 2012]
 Article 73-4 (Recovery of Subsidy on Pension Premiums)
(1) If a person who has obtained subsidy on pension premiums pursuant to Article 100-4 of the Act falls under any of the following cases, the Service shall recover an amount prescribed in the relevant subparagraph: <Amended by Presidential Decree No. 28483, Dec. 19, 2017>
1. Where a person has obtained subsidy on pension premium upon filing an application by deceit or other wrongful means despite his/her failure to meet the requirements for application at the time of filling an application for the subsidies: all the subsidies provided;
2. Where a person is found to have continuously obtained subsidy on pension premiums although the cause of the suspension of subsidy payments referred to in Article 73-2 (3) has arisen: an amount provided since the month immediately following the month in which the date of occurrence of such cause falls;
3. Where the standard monthly income of an employee eligible for subsidies on pension premiums (limited to employees who have newly acquired the status of a workplace-based insured person in the relevant year) for the following year exceeds 1,100/1,000 of the upper income limits notified pursuant to Article 73-2 (4): all the amount the employee has obtained;
4. Where subsidies on pension premiums are found to have been provided to a person who is not eligible for the subsidies on the grounds, such as an employer's failure to report: an amount of subsidies erroneously provided.
(2) Where the causes of recovery of subsidies referred to in Article 100-4 of the Act arise, the Service shall notify the relevant employer of such fact and give notice of the amount of recovery to him/her and collect it, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, Article 41 (1) and (2) shall apply mutatis mutandis to the procedures for giving notice.
[This Article Newly Inserted by Presidential Decree No. 23908, Jun. 29, 2012]
CHAPTER VI NATIONAL PENSION FUND
 Article 74 (Fund Operation Business, etc.)
(1) Financial institutions under Article 102 (2) 1 of the Act are as follows: <Amended by Presidential Decree No. 20795, May 27. 2008; Presidential Decree No. 20947, Jul. 29, 2008; Presidential Decree No. 22493, Nov. 15, 2010>
1. Banks under the Banking Act, the Korea Development Bank under the Korea Development Bank Act, and the Industrial Bank of Korea under the Industrial Bank of Korea Act;
2. Investment traders, investment brokers, trust business entities, collective investment business entities, investment consultants and securities finance companies under the Financial Investment Services and Capital Markets Act;
3 through 5. Deleted; <by Presidential Decree No. 20947, Jul. 29, 2008>
6. Insurance companies under the Insurance Business Act;
7. Postal service offices.
(2) In cases of providing loans to conduct services under Article 102 (2) 5 of the Act, the Operation Committee shall determine the interest rate.
(3) Projects to increase the Fund as referred to in Article 102 (2) 7 are as follows: <Amended by Presidential Decree No. 20947, Jul. 29, 2008; Presidential Decree No. 21463, Apr. 30, 2009; Presidential Decree No. 21480, May 6, 2009; Presidential Decree No. 26600, Oct. 23, 2015>
1. Investment in venture businesses under Article 4 (1) of the Act on Special Measures for the Promotion of Venture Businesses, and pension premiums to the small and medium enterprise establishment investment association, new technology project investment association or Korea Venture Investment Association;
2. Investment in corporate restructuring associations registered under Article 15 of the Industrial Development Act (refers to the Act prior to the wholly amended Industrial Development Act (Act No. 9584)) or private equity funds participating in management under Article 20 of the Industrial Development Act;
3. Transactions of exchange traded derivatives and over-the-counter derivatives under subparagraphs 2 and 3 of Article 5 of the Financial Investment Services and Capital Markets Act;
4. The sale and purchase of foreign currencies under Article 3 (1) 13 of the Foreign Exchange Transactions Act;
5. Investment in and financing of the collective investment fund as referred to in subparagraph 18 of Article 9 of the Financial Investment Services and Capital Markets Act;
6. Investment in and financing of infrastructure facilities projects under subparagraph 2 of Article 2 of the Act on Public-Private Partnerships in Infrastructure;
7. Investment in and financing of businesses aiming at the development, acquisition, management, etc. of real estate;
8. Investment in and financing of energy and natural resource development businesses;
9. Investment in and financing of companies or businesses aiming at the acquisition of aircraft and ships, takeover of corporations, etc.;
10. Investment in and financing of companies and businesses falling under subparagraphs 1 through 9, which are legally established or performed according to relevant Acts and subordinate statutes of foreign countries;
11. Businesses expecting an earning rate higher than that of state bonds with the maturity of five years under the proviso to Article 102 (3) of the Act, as deemed necessary by the Operation Committee for the increasement of the Fund.
(4) The earning rate of state bonds the term of maturity of which is five years referred to in the proviso to Article 102 (3) of the Act shall be the higher one among the earning rates of bonds in the following, which are sold or purchased outside the securities market referred to in Article 166 of the Financial Investment Services and Capital Markets Act: <Amended by Presidential Decree No. 20947, Jul. 29, 2008; Presidential Decree No. 21463, Apr. 30, 2009; Presidential Decree No. 26369, Jun. 30, 2015>
 Article 75 (Accounting of Fund)
Accounting of the Fund under Article 102 (5) of the Act shall be calculated and adjusted pursuant to the National Accounting Act. <Amended by Presidential Decree No. 25658, Oct. 15, 2014; Presidential Decree No. 26366, Jun. 30, 2015; Presidential Decree No. 26744, Dec. 22, 2015>
 Article 76 (Entrustment of Affairs concerning Management and Operation of Fund)
(1) The Minister of Health and Welfare shall entrust the affairs in the following subparagraphs to the Service under Article 102 (6) of the Act: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26366, Jun. 30, 2015; Presidential Decree No. 26744, Dec. 22, 2015>
1. Management and operation of the Fund under Article 102 (2) of the Act;
2. Accounting of the Fund under Article 102 (5) of the Act;
3. Affairs determined by the Minister of Health and Welfare concerning the management and operation of the Fund such as the lease of property acquired by the Service under Article 102 (2) 6 of the Act.
 Article 76-2 (Calculation Criteria and Use of Financial Contributions)
(1) The Minister of Health and Welfare shall calculate the amount of a financial pension premium made under Article 102-2 (1) based on the rate of the affairs concerning collection of pension premiums and other dues (hereinafter referred to as "entrusted collection affairs") to the whole affairs concerning collections under Article 14 (1) 2 (limited to the affairs concerning collection of insurance premiums and related dues) and Article 14 (1) 10 of the National Health Insurance Act. In such cases, the Minister shall determine the rate of entrusted collection affairs following consultation with the Minister of Employment and Labor. <Amended by Presidential Decree No. 24680, Aug. 6, 2013>
(2) The NHIS shall submit to the Minister of Health and Welfare a written request for a financial pension premium in amount calculated according to the criteria prescribed in paragraph (1) with attached evidential documents such as its business management plan by May 31 of each year.
(3) Where the amount of financial pension premiums is confirmed, the Minister of Health and Welfare shall inform the NHIS of such amount.
(4) The NHIS shall use financial pension premiums only for the following purposes;
1. Personnel, operation and business expenses incurred in performing entrusted collection affairs;
2. Expenses of purchase and lease of facilities (including equipment) incurred in performing the entrusted collection affairs;
3. Other expenses incurred in performing the entrusted collection affairs.
(5) Where the NHIS uses financial pension premiums for other purposes than those under paragraph (4), the Minister of Health and Welfare shall retrieve such amount equivalent thereto.
(6) The NHIS shall make a report to the Minister of Health and Welfare on the execution of financial pension premiums by the tenth of the month following the end of each quarter of the year.
[This Article Newly Inserted by Presidential Decree No. No. 22347, Aug. 17, 2010]
 Article 76-3 (Additional Financial Contributions)
(1) Where the amount of financial pension premiums under Article 76-2 (3) is insufficient to defray the expenses incurred in collecting pension premiums, etc., the NHIS may request an additional amount of financial pension premiums to the Minister of Health and Welfare.
(2) Where the Minister of Health and Welfare reviews the requested amount under paragraph (1) and deems that the amount is appropriate, the Minister may make an additional financial pension premium.
[This Article Newly Inserted by Presidential Decree No. No. 22347, Aug. 17, 2010]
 Article 77 (Duties of Chairperson of Operation Committee, etc.)
(1) The chairperson of the Operation Committee shall represent the Operation Committee and administer the affairs of the Operation Committee.
(2) When the chairperson is unable to carry out his/her duties due to unavoidable causes, a member designated in advance by the chairperson from among the members representing the public interest shall act on his/her behalf.
 Article 77-2 (Dismissal of Members of Management Committee)
Where a member under any subparagraph of Article 103 (2) of the Act falls under any of the following, the Minister of Health and Welfare may dismiss the relevant member:
1. Where he/she is unable to perform his/her duties due to his/her mental or physical disability;
2. Where he/she commits irregularities in relation to his/her duties;
3. Where he/she is deemed inappropriate as member of the Management Committee due to dereliction of duty, injury to dignity or other reasons;
4. Where he/she voluntarily states that it is difficult for him/her to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 27635, Nov. 29, 2016]
 Article 78 (Meetings of Operation Committee, etc.)
(1) The chairperson of the Operation Committee may call a meeting of the Operation Committee, other than meetings under Article 103 (5) of the Act, at the request of 1/3 of the registered members or when he/she deems it necessary.
(2) The Operation Committee shall have a secretary appointed by the chairperson from among public officials of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(3) Article 15 shall apply mutatis mutandis with respect to the preparation, keeping and inspection of the minutes of the Operation Committee.
 Article 79 (Allowances to Members of Operation Committee)
Allowances may be paid to members present at meetings of the Operation Committee within the budgetary limit: Provided, That it shall not apply to cases where a member who is a public official is present in direct connection with his/her duties.
 Article 80 (National Pension Fund Operational Practices Review Board of National Pension Fund)
(1) The chairperson of the National Pension Fund Operational Review Board Committee under Article 104 of the Act (hereinafter referred to as the "Practices Review Board") shall represent the Practices Review Board, and supervise the affairs thereof.
(2) The vice chairperson of the Practices Review Board shall assist the chairperson, and where the chairperson is unable to carry out his/her duties due to unavoidable causes, the vice chairperson shall act on his/her behalf.
(3) The Practices Review Board shall have a secretary appointed by the chairperson from among the public officials of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(4) Allowances may be paid to members present at the meetings of the Practices Review Board within budgetary limits: Provided, That it shall not apply to cases where a member who is a public official is present in direct connection with his/her duties.
(5) Necessary matters other than those provided for in paragraphs (1) through (4) concerning the operation of the Practices Review Board shall be determined by the chairperson of the Operation Committee following resolution by the Operation Committee.
 Article 80-2 (Dismissal of Members of Practical Affairs Evaluation Committee)
Where a member under any subparagraph of Article 104 (2) of the Act falls under any of the following, the Chairperson may dismiss the relevant member:
1. Where he/she is unable to perform his/her duties due to his/her mental or physical disability;
2. Where he/she commits irregularities in relation to his/her duties;
3. Where he/she is deemed inappropriate as member of the Practical Affairs Evaluation Committee due to dereliction of duty, injury to dignity or other reasons;
4. Where he/she voluntarily states that it is difficult for him/her to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 27635, Nov. 29, 2016]
 Article 81 (Guidelines for Operation of Fund)
(1) The Minister of Health and Welfare shall prepare guidelines for the National Pension Fund Operation (hereinafter referred to as the "Fund Operational Guidelines") for the next year and submit it to the Operation Committee by the last day of April. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) The Operation Committee shall deliberate upon and pass resolutions on the Fund Operational Guidelines by the last day of May.
 Article 82 (Opening, etc. of Bank Accounts of Fund)
(1) The Minister of Health and Welfare shall open a bank account of the National Pension Fund at the Bank of Korea in order to make clear the revenues and expenditures of the Fund. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) For an efficient foreign exchange transactions of the fund entrusted pursuant to Article 76 (1), the Service may open a bank account in which receipt and disbursement of foreign currency is possible, in cooperative banks under the proviso to Article 12 (1) of the Management of the National Fund Act. <Newly Inserted by Presidential Decree No. 24647, Jun. 28, 2013>
 Article 83 (Deposit, etc. of Pension Premiums, etc. in Fund)
(1) The Service and the NHIS shall deposit the total amount of collected pension premiums, etc. in the account of the National Pension Fund on a daily basis. <Amended by Presidential Decree No. 22347, Aug. 17, 2010>
(2) The Service and the NHIS shall report separately in writing the total amount of collected pension premiums, etc. of the previous month, the status of collection of unpaid amounts, etc. to the Minister of Health and Welfare by the last day of each month. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22347, Aug. 17, 2010>
 Article 84 (Monthly Fund Operation)
The Minister of Health and Welfare shall manage and operate the Fund on a monthly basis in principle according to the Fund management plan under Article 107 (1) of the Act. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 85 (Accounting Body of the Fund, etc.)
(1) The Minister of Health and Welfare shall appoint a fund revenue collection officer, a fund financial officer, a fund disbursement officer, and a fund accounting officer to be in charge of revenues and expenditures of the Fund from among the public officials of the Ministry of Health and Welfare. In such cases, he/she shall notify the chairperson of the Board of Audit Inspection of Korea, and Governor of the Bank of Korea of such appointment. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) The fund revenue collection officer and the fund financial officer shall be responsible for the contracts necessary for the management and operation of the Fund, the acts to create revenues and incur expenditures, and affairs concerning the collection and determination of revenues accrued from the Fund; the fund disbursement officer and the fund accounting officer shall be responsible for the affairs concerning the revenues and expenditures resulting from the management and operation of the Fund.
(3) The Service shall have a fund accounting director and a fund accountant to handle the affairs concerning the management and operation of the Fund entrusted under Article 76 (1), and the fund accounting director shall become a fund director under Article 31 of the Act and a person appointed by the president of the Service from among its personnel shall be the fund accountant. In such cases, the fund accounting director shall conduct the duties of a fund revenue collection officer and fund financial officer; the fund accountant shall conduct the duties of the fund disbursement officer and public official in charge of fund accounting.
(4) The president of the Service shall, when appointing a fund accounting director or a fund accountant under paragraph (3), notify such fact to the Minister of Health and Welfare, chairperson of the Board of Audit and Inspection of Korea and Governor of the Bank of Korea, respectively. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(5) Necessary Matters concerning acts to incur expenditures of the Fund, expenditures, etc. shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 86 (Settlement of Accounts of Fund Operation, etc.)
(1) The Service shall submit the details of performance of Fund operation under Article 107 (3) of the Act as of the end of each quarter to the Operation Committee by the 20th day of the first month of the next quarter.
(2) The Service shall submit to the Minister of Health and Welfare the annual performance of fund operations to which an audit report prepared by the auditor under Article 3 of the Act on External Audit of Stock Companies is attached within two months from the closing of each fiscal year. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 87 (Public Notice of Details of Fund Operation, etc.)
The chairperson of the Operation Committee shall, under Article 107 (4) of the Act, issue a public notice each year of the details of the operation and use of the Fund in at least one general daily newspaper and at least one economic daily newspaper registered to be supplied nationwide under Article 9 (1) of the Act on the Promotion of Newspapers, Etc. In such cases, the chairperson of the Operation Committee shall also make public the results of the evaluation on the fund operation submitted by the Practices Review Board under Article 104 (6) of the Act. <Amended by Presidential Decree No. 22003, Jan. 27, 2010>
CHAPTER VII REQUESTS FOR EXAMINATION AND REQUESTS FOR REVIEW
 Article 88 (Examination Request Method)
(1) Requests for examination referred to in Article 108 of the Act shall be made with a document stating the following matters (including an electronic document defined in subparagraph 7 of Article 2 the Electronic Government Act), which is signed and sealed (including an electronic signature) by an applicant: <Amended by Presidential Decree No. 22347, Aug. 17, 2010; Presidential Decree No. 23359, Dec. 8, 2011>
1. Name, domicile and resident registration number (referring to an alien registration number in cases of foreigners; hereinafter the same shall apply) of the applicant;
2. Name, domicile and resident registration number of the person on whom a disposition is imposed by the Service;
3. Details of a disposition subject to the request of examination;
4. Date the applicant learns about the disposition;
5. Intent of and ground for requesting an examination;
6. Date of examination request;
7. Relationship with the person who is subject to a disposition if the applicant is not subject to the disposition;
8. List of accompanying documents.
(2) Where the applicant and the person subject to a disposition are not currently or formerly insureds, the name, domicile and resident registration number of the relevant currently or formerly insured shall be stated in the document.
(3) Where an agent of the applicant files a request for examination, a power of attorney verifying that he/she is the duly appointed agent thereof shall be attached.
 Article 89 (Organization of Examination Committee)
(1) The National Pension Examination Committee referred to in Article 109 (1) of the Act (hereinafter referred to as the "Examination Committee") shall be comprised of no more than 26 members, including one chairperson. <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
(2) The members shall be appointed or commissioned by the President of the Service from among the following persons: <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
1. Executive officers and employees of the Service at the section chief level or higher;
2. Persons recommended by employers' organizations;
3. Persons recommended by employees' organizations;
4. Persons recommended by organizations representing individually insured persons;
5. Any of the following persons of knowledge and experience in the field of law, medical care or social insurance:
(a) A person with at least five years’ work experience after acquiring qualifications as a lawyer or doctor;
(b) A person who worked as an assistant professor or in a higher position related to social insurance in a school defined in Article 2 of the Higher Education Act;
(c) A person with at least five years’ work experience in a field related to social insurance after acquiring a doctorate;
(d) A person with at least ten years’ work experience in a field related to social insurance.
 Article 90 (Chairperson of Examination Committee)
(1) The chairperson of the Examination Committee shall be appointed by the president of the Service from among the standing directors of the Service.
(2) When the chairperson is unable to conduct his/her duties due to unavoidable causes, a member as appointed by the chairperson shall act on his/her behalf.
 Article 91 (Terms of Office of Members of Examination Committee)
Members of the Examination Committee shall serve a term of two years, and may serve only two consecutive terms: Provided, That the terms of office of the executives and employees of the Service shall be the period during which he/she holds his/her official position. <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
 Article 92 (Meetings of Examination Committee)
(1) Meetings of the Examination Committee shall be attended by the chairperson and seven members appointed by the chairperson for each meeting. In such cases, at least one of the persons referred to in Article 89 (2) 2 through 4 and at least three of the persons referred to in Article 89 (2) 5 shall serve as members attending the meetings. <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
(2) The chairperson of the Examination Committee shall convene and preside over the meetings.
(3) Resolutions at a meeting of the Examination Committee shall require presence of a majority of the incumbent members and any decision thereof shall require the concurring vote of a majority of the members present.
 Article 93 (Secretary)
(1) The Examination Committee may have a secretary.
(2) The secretary shall be appointed by the president of the Service from among its personnel.
(3) The secretary shall handle the affairs of the Examination Committee under the directions of the chairperson.
 Article 94 (Allowances)
Allowances may be paid to members present at meetings of the Examination Committee, who are not executive officers and employees of the Service.
 Article 95 (Corrections)
(1) If the Examination Committee deems that a request for examination is illegitimate but presumed correctible, it shall demand its correction, providing an appropriate period: Provided, That where the matter to be corrected is insignificant and negligible, it may be corrected ex officio.
(2) The correction under paragraph (1) shall be made in writing, and if it is corrected, it shall be considered to have been legitimate from the beginning.
 Article 96 (Submission of Evidence)
Until a decision is made by the Examination Committee, the applicant may submit documents, account books, items and other material evidence to the Examination Committee, and may also be present at the Examination Committee to make statements of his/her opinions.
 Article 97 (Request for Expert's Opinion)
The Examination Committee may, if it deems necessary for evaluation, seek opinions of experts who have substantial knowledge of and experience in the subject matter at the request of the applicant or ex officio.
 Article 98 (Withdrawal of Request for Examination)
The applicant may withdraw his/her request for examination in writing at any time before a decision is made by the Examination Committee.
 Article 99 (Decisions)
(1) The Service shall, where a request for examination is illegitimate, render a decision to reject the request for examination.
(2) The Service shall, where it deems that a request for examination is without grounds, make a decision to reject the request for examination.
(3) The Service shall, where it deems a request for examination has justifiable grounds, make a decision to cancel or change its disposition.
(4) The Service shall, when it has made a decision under paragraphs (1) through (3), forward the original of the letter of decision to the applicant without delay.
 Article 100 (Decision Period)
(1) The Service shall make a decision within 60 days from the receipt of a request for examination: Provided, That where unavoidable circumstance exists, the chairperson may extend it for 30 days ex officio.
(2) If the decision period is extended pursuant to the proviso to paragraph (1), it shall be notified to the applicant seven days before the expiration of the decision period.
(3) The corrective period under Article 95 shall not be included in the decision period under paragraph (1).
 Article 101 (Method of Decisions)
The letter of decision shall contain the matters in the following subparagraphs and be signed and sealed by the president of the Service:
1. Name and address of the applicant;
2. Name and address of the person issued with a disposition;
3. Text of decision;
4. Intent of the request for examination;
5. Grounds for decision;
6. Date of decision.
 Article 102 (Regulations on Operation of Examination Committee)
Except as otherwise expressly provided for in Articles 88 through 101, matters necessary for the organization, operation and examination of the Examination Committee and other matters shall be determined by the regulations of the Service. <Amended by Presidential Decree No. 23359, Dec. 8, 2011>
 Article 102-2 (Organization, Operation and Examination of the Collection Examination Committee)
(1) The Collection Examination committee referred to in Article 109 (1) (hereinafter referred to as "Collection Examination Committee") shall consist of 25 committee members, including one chairperson.
(2) The President of the NHIS shall appoint the chairperson of the Collection Examination Committee from among standing executive directors of the NHIS; the President of the NHIS shall appoint or commission committee members from among the following persons:
1. One employee of the NHIS;
2. Eight persons, including four persons recommended by employers’ organizations and workers’ organizations, respectively;
3. Eight persons, including two persons recommended by non-governmental organizations, consumer organizations, farmers and fishermen’s organizations, and organizations representing locally insured persons, respectively;
4. Seven persons, including attorneys and persons of abundant knowledge and experience in social insurance and medical fields.
(3) The term of office of committee members commissioned under paragraph (2) shall be three years.
(4) Article 55 of the Enforcement Decree of the National Health Insurance Act shall apply mutatis mutandis to the operation of the Collection Examination Committee. In such cases, "Objection Committee" shall be construed as "Collection Examination Committee". <Amended by Presidential Decree No. 24077, Aug. 31, 2012>
(5) Articles 95 through 101 shall apply mutatis mutandis to review by the Collection Review Committee. In such cases, "Examination Committee" shall be construed as "Collection Examination Committee", and "Service" as "NHIS."
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for the organization, management and examination of the Collection shall be prescribed by the regulations of the NHIS, following the resolution by the Collection Examination Committee.
[This Article Newly Inserted by Presidential Decree No. No. 22347, Aug. 17, 2010]
 Article 103 (Methods of Request for Re-Examination)
Where a person dissatisfied with a decision on the request for examination under Article 110 of the Act makes a request for re-examination, the following matters shall be entered in addition to applying the matters mutatis mutandis which should be included under Article 28 (2) of the Administrative Appeals Act: <Amended by Presidential Decree No. 22311, Jul. 26, 2010>
1. If the applicant of the request for re-examination is not the person to whom a disposition is given, name, domicile and resident registration number of the person issued with a decision by the Service;
2. If the applicant of the request for re-examination and the person to whom a disposition is given is not a currently or formerly insured person, name, domicile and resident registration number of the relevant currently or formerly insured person.
 Article 104 (Organization of Review Committee)
(1) The National Pension Review Committee under Article 111 (1) of the Act (hereinafter referred to as the "Review Committee") shall be comprised of not more than 20 members, including one chairperson. <Amended by Presidential Decree No. 24680, Aug. 6, 2013>
(2) The members shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. Public officials of Grade III or IV belonging to the Ministry of Health and Welfare or public officials in general service belonging to the Senior Civil Service;
2. Persons qualified as a judge, prosecutor or lawyer;
3. Persons working as an associate professor or in a higher level in colleges and universities determined under Article 2 of the Higher Education Act;
4. Persons recognized as eligible by the Minister of Health from among persons having substantial knowledge of and experience in social insurance or medical care.
 Article 105 (Chairperson of Review Committee)
(1) The Pension Policy Officer of the Ministry of Health and Welfare shall serve as the chairperson of the Review Committee. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23359, Dec. 8, 2011>
(2) If the chairperson has a special circumstance that prevents him/her from performing his/her duties, a member designated by the chairperson shall act for him/her.
 Article 105-2 (Dismissal of Members of Reexamination Committee)
Where a member under any subparagraph of Article 104 (2) of the Act falls under any of the following, the Minister of Health and Welfare may dismiss the relevant member:
1. Where he/she is unable to perform his/her duties due to his/her mental or physical disability;
2. Where he/she commits irregularities in relation to his/her duties;
3. Where he/she is deemed inappropriate as member of the Reexamination Committee due to dereliction of duty, injury to dignity or other reasons;
4. Where he/she voluntarily states that it is difficult for him/her to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 27635, Nov. 29, 2016]
 Article 106 (Meetings of Review Committee)
(1) The meetings of the Review Committee shall consist of the chairperson and six members of the Review Committee designated by the chairperson for each meeting. <Newly Inserted by Presidential Decree No. 24680, Aug. 6, 2013>
(2) The chairperson of the Review Committee shall call and preside over the meetings of the Review Committee.
(3) The meetings of the Review Committee shall be convened with the presence of a majority of registered members and the resolution thereof shall require the concurrent vote of a majority of the members present.
 Article 107 (Secretary)
(1) The Review Committee shall have a secretary.
(2) The secretary shall be appointed by the Minister of Health and Welfare from among the public officials of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(3) The secretary shall handle the affairs of the Review Committee by order of the chairperson.
 Article 108 (Allowances)
Allowances may be paid to the members present at the meetings of the Review Committee within the budgetary limit: Provided, That it shall not apply to the case where a member who is a public official is present in direct connection with his/her duties.
 Article 109 (Term of Office of Members of Review Committee)
The provisions of Article 91 shall apply mutatis mutandis with respect to the term of office of the members of the Review Committee. In such cases, "Examination Committee" shall be construed as "Review Committee," and "officers and employees of the Service" as "public officials."
 Article 109-2 (Scope, etc. of Verification of Beneficiaries)
(1) The Service shall conduct investigations into beneficiaries to confirm that their entitlement to pension benefits is modified or terminated pursuant to Article 122-2 (1) of the Act.
(2) Investigations referred to in paragraph (1) shall be conducted through data verification, on-site investigations, phone, mail or other methods determined in annual investigation plans referred to in Article 122-2 (1).
(3) Article 56 shall apply mutatis mutandis where the payment of pension benefits is suspended under Article 122-2 (3) of the Act.
[This Article Newly Inserted by Presidential Decree No. 23908, Jun. 29, 2012]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 109-3 (Request for Data)
(1) "Institutions, corporations and organizations prescribed by Presidential Decree" in the former part of Article 123 (1) of the Act means institutions, corporations, and organizations under subparagraph 1 of attached Table 2-2.
(2) "Data prescribed by Presidential Decree" in the former part of Article 123 (1) of the Act means data under subparagraph 2 of attached Table 2-2.
(3) "Institutions, corporations and organizations prescribed by Presidential Decree" in the former part of Article 123 (2) of the Act means institutions, corporations, and organizations under subparagraph 1 of attached Table 2-3.
(4) "Data prescribed by Presidential Decree" in the former part of Article 123 (2) of the Act means data under subparagraph 2 of attached Table 2-3.
(5) Where data referred to in paragraphs (2) and (4) are stored using data storage devices, such as diskettes, magnetic tape, microfilm, or optical discs, or computer programs, the institutions, corporations or organizations requested to provide data pursuant to Article 123 (1) and (2) of the Act may provide data in the relevant form.
[This Article Wholly Amended by Presidential Decree No. 27635, Nov. 29, 2016]
 Article 110 (Procedure for Notification of Material on Reduction and Omission of Income)
(1) Where an income reported by an employer or insured person referred to in Article 25 (1) of the Act falls under any of the following subparagraphs 1 through 3, and it is deemed that there is a reduction or omission in the income, the Service shall report such fact to the Minister of Health and Welfare and forward the relevant material to the Commissioner of the National Tax Service: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. Where it is considerably different from the income reported to the Commissioner of the National Tax Service;
2. Where it is considerably lower than the average income of the relevant type of business and type of occupation;
3. Where it is different from the details of the wage ledger and other income-related documents or account books, etc.
(2) Upon receipt of a notice on matters concerning income from the Commissioner of the National Tax Service under Article 125 (2) of the Act, the Service shall reflect such result in the income of the relevant insured person.
 Article 111 (Foreigners Excluded from Coverage as Matter of Course)
A foreigner who is excluded from becoming workplace-based insured person or individually insured person as a matter of course under Article 126 (1) of the Act shall be follows: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. A foreigner who stays without obtaining a permit for an extended period of stay under Article 25 of the Immigration Act;
2. A foreigner who fails to make a foreigner registration under Article 31 of the Immigration Act or to whom a forced deportation order has been issued under Article 59 (2) of the same Act;
3. A foreigner who is qualified to stay under attached Table 1 of the Enforcement Decree of the Immigration Act and determined by Ordinance of the Ministry of Health and Welfare.
 Article 112 (Notice to Foreigners)
The Service shall notify a foreigner who becomes a workplace-based insured person or individually insured person as a matter of course under Article 126 (1) of the Act of the fact that he/she shall become insured under the National Pension Scheme as a matter of course when his/her home country applies Acts on pensions corresponding to the National Pension Scheme to nationals of the Republic of Korea and of the fact that, where benefits corresponding to a lump-sum refund under the Act are not paid, a lump-sum refund shall not be paid.
 Article 113 Deleted. <by Presidential Decree No. 26366, Jun. 30, 2015>
 Article 113-2 (Processing of Sensitive Information and Personally Identifiable Information)
(1) If deemed inevitable to conduct the following business affairs, the Minister of Health and Welfare and the Service (in cases falling under subparagraph 1, including a job security office entrusted with affairs of the Service pursuant to Article 25-6) may process health information referred to in Article 23 of the Personal Information Protection Act, information on criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, or a resident registration number, passport number, or alien registration number referred to in subparagraph 1, 2 or 4 of Article 19 of the same Enforcement Decree: <Amended by Presidential Decree No. 23908, Jun. 29, 2012; Presidential Decree No. 26366, Jun. 30, 2015; Presidential Decree No. 27635, Nov. 29, 2016>
1. Business affairs concerning the receipt, handling, etc. of applications for additional inclusion of unemployment in the participation period of National Pension Scheme under Article 19-2 of the Act;
1-2. Business affairs concerning affairs referred to in Article 25 of the Act;
2. Business affairs concerning recovery of benefits, notice of, and demand for payment of amount of recovery, dispositions against default, etc. referred to in Articles 57 and 57-2 of the Act;
3. Business affairs concerning approval of dispositions against default on pension premiums, etc. referred to in Article 95 (4) of the Act;
3-2. Business affairs concerning subsidies on and recovery of pension premiums pursuant to Articles 100-3 and 100-4 of the Act;
4. Business affairs concerning requests for examination referred to in Article 108 of the Act;
5. Business affairs concerning requests for re-examination and adjudication referred to in Articles 110 and 112 of the Act;
5-2. Business affairs concerning the subrogation of claims for damages under Article 114 of the Act;
6. Business affairs concerning investigations, questions, requests for data, etc. referred to in Articles 122 and 123 of the Act;
7. Business affairs concerning notice of income reduction, of omission of income, etc. referred to in Article 125 of the Act.
(2) If deemed inevitable to conduct the following business affairs, the NHIS (in cases falling under subparagraph 4, including the Korea Asset Management Corporation conducting affairs on behalf of the NHIS pursuant to Article 95 (5) of the Act) may process data containing personal information referred to in paragraph (1):
1. Business affairs concerning notice of default, etc. referred to in Article 17 (3) of the Act;
2. Business affairs concerning collection of pension premiums referred to in Article 88 (2) of the Act;
3. Business affairs concerning notice of payment of pension premiums and extension of the payment deadline, etc. referred to in Articles 88-2 and 89 of the Act;
4. Business affairs concerning demand for payment of pension premiums, etc. and dispositions against default referred to in Article 95 of the Act;
5. Business affairs concerning collection of arrears referred to in Article 97 of the Act;
6. Business affairs concerning the payment, etc. of erroneous or overpayment referred to in Article 100 (2) of the Act;
7. Business affairs concerning requests for examination referred to in Article 108 of the Act;
8. Business affairs concerning record-keeping, storage and provision of matters, such as the payment of pension premiums and extinction of authority to collect referred to in Article 118 (2) of the Act.
(3) If deemed inevitable to conduct entrusted affairs referred to in Article 33, a person to whom the Service has entrusted affairs pursuant to Article 47 of the Act may process data containing a resident registration number, passport number or alien registration number referred to in subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(4) The State, a local government, other public institutions, etc. which receives a request to provide data from the Minister of Health and Welfare and the Service pursuant to Article 123 (1) and (2) of the Act may process data containing personal information referred to in paragraph (1), if deemed inevitable. <Amended by Presidential Decree No. 27635, Nov. 29, 2016>
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 114 (Criteria for Imposition of Administrative Fines)
The criteria for the imposition of administrative fines referred to in Article 131 of the Act are specified in attached Table 3.
[This Article Newly Inserted by Presidential Decree No. 22906, Apr. 22, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the applicants of Articles 3 through 10, 20, 25, 36, 43, 44, 50, 52 (4), 53, 61 (5) and (6), 62 (2) and 63 shall enter into force on January 1, 2008.
Article 2 (Amount of Subsidies for Pension Premiums of Farmers and Fishermen)
The amount of subsidies provided for pension premiums under Article 7 of the Addenda of the wholly amended National Pension Act (Act No. 8541) shall be as specified in the following subparagraphs: <Amended by Presidential Decree No. 24454, Mar. 23, 2013>
1. Where the monthly income of an insured farmer or fisherman does not exceed the amount determined and announced by the Minister of Health, Welfare and Family Affairs following consultation with the Minister of Agriculture, Food and Rural Affairs (hereafter referred to as "standard income" in this Article): an amount equivalent to 1/2 of the pension premiums to be borne by such person;
2. Where the monthly income of an insured farmer or fisherman exceeds the standard income: an amount equivalent to 1/2 of a pension premium against the standard income.
Article 3 (Applicability to Exemption from Collection Unlawful Profits Restitution)
The amended provisions of Article 43 shall apply from unlawful profits restitution which remains uncollected at the time this Decree enters into force.
Article 4 (Applicability to Deadline for Repayment of Lump-Sum Refund)
The amended provisions of Article 52 (4) shall apply from the repayment of a lump-sum refund for which an application for the repayment of the lump-sum refund is made at the time this Decree enters into force and is not repaid until the repayment deadline.
Article 5 (Applicability to Deferred Payment of Pension Premiums, etc.)
The amended provisions of Article 62 (2) shall apply from the supplementary pension premiums for which an application for the deferred payment of pension premiums is made at the time this Decree enters into force and is not paid by the payment deadline.
Article 6 (Transitional Measure concerning Workplace-Based, Voluntarily and Continuously Insured Persons)
Workplace-based, voluntarily and continuously insured persons under the former provisions at the time when this Decree enters into force shall be regarded as workplace-based, voluntarily and continuously insured persons, notwithstanding the amended provisions of Article 3 (1), with the exception of its subparagraphs.
Article 7 (Transitional Measure concerning Standard Monthly Income)
(1) Notwithstanding the amended provisions of Article 5, the standard monthly remuneration by grade in attached Table 1 of the amended Enforcement Decree of the National Welfare Pension Act (Presidential Decree No. 12227) shall apply to the standard monthly income for the participation period from January 1, 1988 to March 31, 1995, and the standard monthly remuneration by grade in attached Table 1 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565) shall apply to the standard monthly income for the participation period from April 1, 1995 to December 31, 2007.
(2) Prior to a standard monthly income is determined according to the amended provisions of Article 5, the standard monthly remuneration by grade under the former provisions shall be regarded as a standard monthly income under this Decree.
Article 8 (Transitional Measure concerning Persons Exempted from Payment)
A person who is missing, under the former provisions at the time when this Decree enters into force and exempted from payment shall be considered to have been exempted from payment under this Decree, notwithstanding the amended provisions of Articles 20 and 61 (5).
Article 9 (Transitional Measure concerning Determination of Standard Monthly Remuneration and Standard Monthly Income)
(1) When the Service determines the standard monthly remuneration of a workplace-based insured person to be applied to the period from January to March 1988 under the amended Enforcement Decree of the National Welfare Pension Act (Presidential Decree No. 12227), it shall determine the standard monthly remuneration, considering as monthly remuneration, the amount obtained by dividing the total amount of monthly remunerations received for three months (where a month has less than 20 days, which is used as the basis of the payment of remuneration, excluding such month) before the date of report under Article 2 of the Addenda of the same Decree notwithstanding Article 6 of the same Decree by the number of months in the relevant period: Provided, That in cases of a workplace-based insured person who is an insured person under the Medical Insurance Act, the standard monthly remuneration under the former Medical Insurance Act which is applied as of the date of report under Article 2 of the Addenda of the same Decree may be used as a standard monthly remuneration to be applied to the same period.
(2) When the Service determines the standard monthly income of an individually insured person to be applied to the period from January 1988 to March 1989 under the amended Enforcement Decree of the National Welfare Pension (Presidential Decree No. 12227), it shall determine it as a person's standard monthly remuneration which falls under the medium value of the standard monthly remuneration under paragraph (1), notwithstanding the provisions of Article 10 of the same Decree.
Article 10 (Transitional Measure concerning Interest Rate to be Applied to Lump-Sum Refund)
The interest rate to be applied to a lump-sum refund paid to an individually insured, a voluntarily insured, or a voluntarily and continuously insured under Article 67 (2) 2 of the amended National Welfare Pension Act (Act No. 3902) shall be as mentioned in the following subparagraphs for the period from 1988 to 1992, notwithstanding Article 44 (2) of the amended Enforcement Decree of the National Welfare Pension Act (Presidential Decree No. 12227):
1. With respect to an amount equivalent to 1/2 of the pension premiums paid during the continuous participation period, the interest rate of employees' property formative savings with a three-year term of maturity, which was available during the relevant calculation period shall apply;
2. With respect to an amount equivalent to 1/2 of the pension premiums paid during the continuous participation period, the interest rate of a term deposit of one year maturity, which was available during the relevant calculation period shall apply.
Article 11 (Transitional Measures concerning Application of Overseas Employees' Standard Monthly Remuneration)
The standard monthly remuneration of an employee falling under the proviso to subparagraph 4 of Article 3 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 12695) shall be determined within one month from the enforcement of the same Decree, and the determined standard monthly remuneration shall apply, starting from the month the determination is made, notwithstanding Article 11 of the same Decree.
Article 12 (Transitional Measure concerning Determination of Standard Monthly Remuneration)
When the Service determines the standard monthly remuneration to be applied to the period from January to March 1992 of a workplace-based insured person employed in a workplace having between five and nine permanent employees under the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 13449), it shall determine the standard monthly remuneration, considering as monthly remuneration the amount obtained by dividing the total amount of monthly remuneration received for three months (where there is a month in which the number of days is less than 20 days, which is used as the basis of the payment of remuneration, excluding such month) before the date of report under Article 2 of the Addenda of the same Decree notwithstanding Article 6 of the same Decree by the number of months in the relevant period: Provided, That in cases of a workplace-based insured person who is an insured person under the Medical Insurance Act, the standard monthly remuneration under the former Medical Insurance Act which is applied as of the date of report under Article 2 of the Addenda of the same Decree may be used as standard monthly remuneration to be applied to the same period.
Article 13 (Transitional Measure concerning Scope of Income)
"Article 16 (1) 1 of the Enforcement Decree of the Income Tax Act" as referred to in Article 3 (1) 4 (b) of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565) shall be regarded as "Article 12 (1) 2 of the Enforcement Decree of the Income Tax Act" by December 31, 1995.
Article 14 (Transitional Measure concerning Standard Monthly Income by Grade)
In cases of a person whose standard monthly income is determined under the proviso to Article 6, and Article 7 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565) before its amendment and a person whose standard monthly income is determined under Article 10 of the same Decree before its amendment from among those who attained insured status before April 1, 1995, the standard monthly remuneration or standard monthly income shall be determined according to the Table in Article 2 of the Addenda of the same Decree, and the amount of the monthly remuneration at the time of attainment of insured status shall be deemed as an amount of monthly remuneration under the Table in Article 2 of the Addenda of the same Decree.
Article 15 (Transitional Measure concerning Calculation of Lump-Sum Refunds)
When a lump-sum refund is calculated under Article 44 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565), the provisions before the amendment of the same Decree shall apply with respect to the calculation period and the interest rate prior to February 1, 1995.
Article 16 (Transitional Measures concerning Arrears, etc.)
With respect to the collection of arrears, etc. for pension premiums of which payment deadline has lapsed at the time the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565) enters into force, the provisions before the amendment of the same Decree shall apply.
Article 17 (Transitional Measure concerning Earning Rate of Fund)
The interest rate of the loans offered to support the installation of workplaces and private child-care facilities from among the welfare promotion businesses for insured persons and beneficiaries under Article 83 (2) 5 of the amended National Pension Act (Act No. 4909) at the time the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565) enters into force shall be deemed to have been determined by the National Pension Fund Operation Committee under Article 52 of the same Decree.
Article 18 (Special Cases concerning Calculation Period of Interest to be Added to Lump-Sum Refund)
In the calculation and payment of interest on a lump-sum refund paid to a person under Article 16 of the Addenda (including the contents amended pursuant to the amended National Pension Act (Act No. 6286); hereafter in this Article, referred to as the "Addenda of the Act") of the amended National Pension Act (Act No. 5623), the calculation period of interest shall be from the month following the month insured status is lost to the month a request for the payment of benefits is made, notwithstanding Article 44 (3) of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16082): Provided, That the calculation period of interest with respect to a person who has been paid a lump-sum refund under Article 16 (3) of the Addenda of the Act and has lost entitlement as a workplace-based insured person or an individually insured person prior to December 23, 2000 on which the same provisions enters into force shall be from the month following the month he/she lost his/her entitlement as insured person to December 2000.
Article 19 (Applicability to Criteria of Recognition of Persons Whose Livelihood is Supported)
The criteria of recognition of persons whose livelihood is supported under Article 36, 37-2, 43-2 and 45-2 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16082) shall apply to a person to whom a cause for payment first occurs after the same Decree enters into force and a person who is paid the dependant pension or survivor pension under the former provisions as of January 1, 1999 which is the date the same Decree enters into force and to whom a cause for change of entitlement to benefits occurs, respectively.
Article 20 (Special Cases concerning Standard Monthly Income of Newly Insured Persons, etc.)
(1) The standard monthly income of a person who attains individually insured status under Article 10 of the amended National Pension Act (Act No. 5623) on April 1, 1999 on which the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16219) (hereafter referred to as a "newly insured person" in this Article) enters into force shall be determined by the Service as the income of the previous year under the amended provisions of Article 3 (2) as reported by the relevant newly insured person or his/her agent under Article 2 of the Addenda of the same Act.
(2) The Service may determine the time for determining the standard monthly income of a newly insured person and time of payment of pension premiums separately within the scope of one year, obtaining the approval of the Minister of Health, Welfare and Family Affairs.
(3) A newly insured person who has an objection to the standard monthly income determined by the Service may apply for the adjustment of the standard monthly income to the Service.
Article 21 (Transitional Measure concerning Interest Rate of Lump-Sum Refund, etc.)
When calculating and determining a lump-sum refund corresponding to the portion of pension premiums falling under the participation period before the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16219) enters into force, the interest and interest rate thereof shall comply with the provisions before the amendment of the same Decree, notwithstanding Article 44 of the same Decree.
Article 22 (Scope of Case Where Person is not Engaged in Income-Earning Activities)
(1) Cases where a person is not engaged in income-earning activities under Article 16 of the Addenda of the amended National Pension Act (Act No. 5623) shall be cases where a person has no income under Article 3 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16567) or cases where a person falls under the case of exemption from the payment of pension premiums under Article 49 of the same Decree.
(2) Cases where a person is not engaged in income-earning activities under Article 3 of the Addenda of the amended National Pension Act (Act No. 6027) is cases where a person has no income under Article 3 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16567) or falls under the case of exemption from payment of pension premiums under Article 49 of the same Decree.
Article 23 (Transitional Measure concerning Persons Exempted from Coverage of National Pension Scheme)
(1) A person who is, at the time the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 17013) enters into force, excluded from the coverage of the National Pension Scheme under subparagraph 1 of Article 18-2 of the same Decree shall be regarded as an insured person under the former provisions, notwithstanding the same provisions.
(2) An insured person under paragraph (1) may withdraw from coverage by submitting an application to the Service, as prescribed by Ordinance of the Ministry of Health and Welfare.
Article 24 (Transitional Measure concerning Criteria for Recognition of Persons Whose Livelihood is Supported by Beneficiary, etc.)
The payment of the survivor pension to a person whose livelihood is supported by the beneficiary, etc. under the former provisions at the time the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 17013) enters into force shall comply with the former provision before the amendment of the same Decree, notwithstanding the provisions of attached Table 2 in the same Decree.
Article 25 (Special Cases concerning Criteria of Calculation of Annual Revaluation Rate)
(1) When calculating and determining an amount under subparagraph 1 of Article 34 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 17188), in cases of a year to which the provision of Article 6 (2) of the Addenda of the amended National Pension Act (Act No. 6286) applies, even when calculating and determining an amount under subparagraph 2 of Article 34 of the same Decree, the provisions of Article 6 (2) of the Addenda of the same Act shall apply.
(2) When applying the provisions of subparagraph 2 of Article 34 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 17188), the amount for the year 1988 shall be the average monthly income of the relevant year and the amount for the year 1989, an amount obtained by dividing the aggregate of the average monthly incomes of the relevant year and the average monthly income for the year 1988 which is converted according to the national consumer price index of the year 1989 compared with that of the year 1988, which is announced by the Commissioner of the Korea National Statistical Office by two.
Article 26 (Applicability to Mandatorily Applicable Workplace)
The provisions of Article 19 (1) 1 and 2 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 18027) shall apply from the date as classified in the following subparagraphs:
1. Workplaces which are corporations, or workplaces which fall under retail business of medical supplies and goods for medical treatment (limited to drugstores), real estate appraisal business, the practice of a lawyer, (including a notary business), the practice of patent attorney, the practice of judicial scrivener, practice of certified public accountant, practice of licensed tax accountant (including the practice of customs broker), construction design and relevant services (limited to construction businesses), hospitals, clinics and veterinary business from among the Standard Industry Classification of Korea under Article 17 of the former Statistics Act or other similar workplaces thereto as determined by Ordinance of the Ministry of Health and Welfare: July 1, 2003;
2. Workplaces which do not fall under paragraph (1) and are insured by the national health insurance or employment insurance as of July 1, 2003 which is the date the same Decree enters into force: July 1, 2004;
3. Workplaces which do not fall under paragraphs (1) and (2): January 1, 2006.
Article 27 (Applicability to Income-Earning Activities)
The provision of Article 39 of the partially amended Enforcement Decree of the National Pension Act (Presidential Decree No. 19391) shall apply to the first and subsequent pension premiums paid after the same Decree enters into force.
Article 28 (Applicability to Criteria of Recognition of Degree of Disability)
The provision of Article 41 (4) of the partially amended Enforcement Decree of the National Pension Act (Presidential Decree No. 19391) and attached Table 3 of the same Decree shall apply to the first and subsequent requests for examination of the extent of disability made after the same provision enters into force.
Article 29 (Applicability to Arrears)
The provision of Article 51 (1) and (2) of the partially amended Enforcement Decree of the National Pension Act (Presidential Decree No. 19391) shall apply to the first and subsequent arrears the payment deadline of which (referring to a payment deadline where the payment deadline is extended under Article 76 (5) of the amended National Pension Act (Act No. 6268)) occurs after the same provisions enter into force.
Article 30 (Applicability to Criteria for Recognition of Persons Whose Livelihood is Supported by Beneficiaries, Insured Persons, etc.)
Attached Table 2 in the partially amended Enforcement Decree of the National Pension Act (Presidential Decree No. 19391) shall apply to the first and subsequent benefits paid after the same Decree enters into force with respect to a person falling under any of the following subparagraphs:
1. A person to whom a cause for payment of benefits occurs first since the same Decree enters into force;
2. A person who is not paid a dependant pension under the former provisions at the time when the same Decree enters into force but becomes subject to the payment of benefits under attached Table 2 in the same Decree;
3. A person who is paid the survivor pension under the former provisions at the time the same Decree enters into force and to whom a cause of change of entitlement to benefits occurs under attached Table 2 in the same Decree.
Article 31 (Relationship with other Statutes)
Where any other statutes cited to the former provisions of the Enforcement Decree of the National Pension Act at the time this Decree enters into force, they shall be regarded to have cited to the relevant provisions of this Decree in lieu of the former provision if provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 20795, May 27, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20854, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21331, Feb. 25, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Determination and Applicable Period of Standard Monthly Income)
The amended provisions of Article 7 (1) shall apply to the first and subsequent determinations of standard monthly income after this Decree enters into force.
Article 3 (Special Cases Concerning Applicable Period of Standard Monthly Income of Employees)
The standard monthly income of an employee which has been determined under the former Article 7 (1) 1 at the time this Act enters into force shall continue to be applied until June 2009.
ADDENDUM <Presidential Decree No. 21463, Apr. 30, 2009>
This Decree shall enter into force on May 1, 2009.
ADDENDA <Presidential Decree No. 21480, May 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 8, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21645, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21847, Nov. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 28, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21922, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5 and 9 shall enter into force on January 1, 2010.
Article 2 (Applicability concerning Lower Limit and Upper Limit of Standard Monthly Income for Immediately Preceding Applicable Period)
When amounts in the subparagraphs of Article 5 (1) are determined for the first time after this Decree enters into force, the lower limit of standard monthly income for the immediately preceding applicable period shall be two hundred and twenty thousand won and the upper limit of standard monthly income therefor shall be three million and sixty hundred thousand won.
Article 3 (Transitional Measures concerning Changes in Criteria for Recognition of Each Person Whose Livelihood is Supported)
(1) A person for whom a cause to be paid a survivor pension or a lump-sum death payment occurred before this Decree enters into force shall be paid the survivor pension or the lump-sum death payment as prescribed in the former provisions, notwithstanding the amended provisions of attached Table 1.
(2) A person to be considered in the calculation of a dependant pension as prescribed in the former provisions at the time this Decree enters into force shall be construed as a person to be considered in the calculation of a dependant pension as prescribed in the former provisions after this Decree enters into force, notwithstanding the amended provisions of attached Table 1, until such person is excluded from persons to be considered in calculation of dependant pension amounts under the former provisions.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22250, Jul. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Determination of Standard Monthly Income)
(1) With regard to a person already insured based on the standard monthly income in accordance with the former provisions at the time this Decree enters into force, the standard monthly income prescribed in the former provisions shall apply until March 31, 2011, notwithstanding the amended provisions of Article 10 (1); Provided, That where an insured person files an application for coverage based on the standard monthly income prescribed in the amended provisions of Article 10 (1), as he/she desires, the standard monthly income prescribed in the amended provisions of Article 10 (1) shall apply from the month following the month the application is made (referring to the month the application is made where the application is made prior to the fifteenth of each month) or July of 2010.
(2) An insured person who desires to be insured based on the standard monthly income under the amended provisions of Article 10 (1) shall file an application to the Service by March 31, 2011 according to the proviso to paragraph (1).
ADDENDA <Presidential Decree No. 22311, Jul. 26, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22347, Aug. 17, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010 ; Provided, That the amended provisions of subparagraph 4 of Articles 2, Article 3 and Article 45 shall enter into force on September 1, 2010.
Article 2 (Applicability to Additional Interest when Erroneous or Overpayment is Appropriated or Returned)
The amended provisions of Article 73 (3) shall apply to the first and subsequent erroneous or overpayment occurs after the enforcement date of this Act.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22906, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 Omitted.
ADDENDA <Presidential Decree No. 23359, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 of Article 40, Article 89 and Article 92 (1) shall enter into force one month after the date of its promulgation, the amended provisions of Articles 23-2, 24-2 and 56-2 shall enter into force on December 8, 2011, the amended provisions of Article 45 shall enter into force on January 1, 2012, and the amended provisions of Article 52 shall enter into force on July 1, 2012.
Article 2 (Applicability to Repayment of Lump-Sum Refunds in Installment)
The amended provisions of Article 52 shall apply, starting from the first person to apply for the repayment of a lump-sum refund in installment on or after July 1, 2012.
Article 3 (Transitional Measures concerning Imposition of Pension Premiums on Workplace-Based Insured Persons who are Employed in at least Two Workplaces Covered by National Pension Scheme)
The former provisions shall apply to the imposition of pension premiums where a workplace-based insured person who is employed in at least two workplaces covered by the National Pension Scheme receives a monthly income equivalent to the upper limit on the standard monthly income from any of the workplaces until the last day of the month in which the date this Decree enters into force falls, notwithstanding the amended provisions of the proviso to Article 63.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23620, Feb. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23908, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012.
Article 2 (Applicability of the Date Used in Determining Degree of Disability)
The amended provisions of Article 46-2 shall apply, starting from the examination of modification to the amount of disability pensions conducted after this Decree enters into force.
Article 3 (Transitional Measures concerning Advance Payment and Return of Pension Premiums)
The former provisions shall apply to a person who filed an application for advance payment pursuant to the former Article 58 at the time when this Decree enters into force, notwithstanding the amended provisions of Article 58.
ADDENDA <Presidential Decree No. 24017, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 24499, Apr. 16, 2013>
This Decree shall enter into force on April 23, 2013.
ADDENDUM <Presidential Decree No. 24647, Jun. 28, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24680, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014.
Article 2 (Transitional Measures concerning Period of Individual Payment of Employee Contributions)
Where a notice of default on payment is given before this Decree enters into force, the former provision shall apply notwithstanding the amended provision of Article 24 (1).
ADDENDA <Presidential Decree No. 25279, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25658, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 45 and 57 (4) shall enter into force on the date of their promulgation.
Article 2 (Applicability to Range of Farmers and Fishermen)
The amended provision of Article 57 (4) shall also apply to cases where a request for confirmation of a farmer or fisherman is made before the enforcement date under the proviso to Article 1 of Addenda.
Article 3 (Applicability to Return of Erroneous or Overpayment)
The amended provision of Article 73 (2) shall also apply to cases where a reason to return an erroneous or overpayment arises before this Decree enters into force.
Article 4 (Transitional Measures concerning Interest Rates of Lump Sum Refunds)
In calculating a lump-sum refund of premiums paid before this Decree enters into force, the former provisions shall apply to an interest rate over the period before this Decree enters into force, notwithstanding the amended provisions of Article 50.
ADDENDUM <Presidential Decree No. 26212, Apr. 28, 2015>
This Decree shall enter into force on April 29, 2015.
ADDENDA <Presidential Decree No. 26366, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015: Provided, That the amended provisions of Articles 25-2 through 25-6, 33 (1) 1, and 72 (2) shall enter into force on July 1, 2015, and the amended provisions of Articles 2, 8, and 41 (4) shall enter into force on January 1, 2016.
Article 2 (Applicability to Payment of Amount of Recovery in Installments)
The amended provision of Article 41 (4) shall apply beginning with cases where a person applies for the payment of the amount of recovery in installments after January 1, 2016.
ADDENDA <Presidential Decree No. 26369, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26600, Oct. 23, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 25, 2015. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 26744, Dec. 22, 2015>
This Decree shall enter into force on December 23, 2015: Provided, That the amended provisions of Articles 3 (1) and 10 (1) and (2) shall enter into force on January 1, 2016.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26938, Jan. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Level of Subsidization of Pension Premiums)
The amended provision of Article 73-3 (1) shall apply beginning with the subsidization of pension premiums after this Decree enters into force.
Article 3 (Special Cases concerning Subsidization of Pension Premiums)
(1) Unless a workplace to which the subsidization of pension premiums was suspended pursuant to the former Article 73-2 (2) before this Decree enters into force provides a reason for the suspension of the subsidization of pension premiums under the amended provision of Article 73-2 (2) for three months immediately preceding the month to which the enforcement date of this Decree belongs, the State shall provide pension premium subsidies to the relevant workplace as well, after this Decree enters into force.
(2) Where the number of average monthly workers in 2015 of a workplace that receives pension premium subsidies at the time of the end of 2015 becomes less than ten pursuant to Article 73-3 (4), the workplace shall be deemed to have applied for pension premium subsidies pursuant to Article 73-3 (2) on January 1, 2016.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27635, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Article 2 (Applicability to Filing Applications, etc. for Deferred Payment of Pension Premiums)
The amended provisions of Article 62 (2) and (3) shall apply beginning with the cases where an insured person files an application for the deferred payment of pension premiums pursuant to Article 92 (1) of the Act after this Decree enters into force.
Article 3 (Applicability to Exceptions to Collection of Arrears)
The amended provision of subparagraph 4 of Article 71 shall apply beginning with the cases where an insured person fails to pay pension premiums after this Decree enters into force.
ADDENDA <Presidential Decree No. 27959, Mar. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2017.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28483, Dec. 19, 2017>
This Decree shall enter into force on January 1, 2018: Provided, That the amended provisions of Article 62 (2) and (3) shall enter into force on January 25, 2018.