ENFORCEMENT DECREE OF THE SPECIAL POST OFFICES ACT
Wholly Amended by Presidential Decree No. 10857, jun. 30, 1982
Amended by Presidential Decree No. 11754, Aug. 29, 1985
Presidential Decree No. 13662, jun. 11, 1992
Presidential Decree No. 14011, Dec. 1, 1993
Presidential Decree No. 15234, Dec. 31, 1996
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 16048, Dec. 31, 1998
Presidential Decree No. 17475, Dec. 31, 2001
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18879, jun. 23, 2005
Presidential Decree No. 19294, Jan. 26, 2006
Presidential Decree No. 20331, Oct. 23, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21867, Dec. 7, 2009
Presidential Decree No. 21952, Dec. 31, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22235, jun. 29, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 22940, May 30, 2011
Presidential Decree No. 22943, May 30, 2011
Presidential Decree No. 23348, Dec. 6, 2011
Presidential Decree No. 24077, Aug. 31, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 24890, Dec. 4, 2013
Presidential Decree No. 25104, Jan. 17, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 26769, Dec. 30, 2015
Presidential Decree No. 27620, Nov. 29, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29181, Sep. 18, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for the matters delegated by the Special Post Offices Act and matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 2 (Amount of Standard Monthly Income) |
The scope of income and non-taxable income, method of determining the amount of a standard monthly income, and an applicable period, etc. prescribed in the latter part of Article 2 (1) 5 of the Special Post Offices Act (hereinafter referred to as the "Act") shall be as prescribed in attached Table 1. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 2-2 (Conversion of Average Standard Monthly Income into Present Value) |
The conversion of a standard monthly income into its present value under the main sentence of Article 2 (1) 6 of the Act and the conversion of an average standard monthly income into its present value under the proviso to the same subparagraph, shall be made based on the method for multiplying a standard monthly income or an average standard monthly income consecutively, by a rate of an increase in remuneration for an employee by an application period so as to obtain its present value as of the time when the reasons for benefits arise or when the payment of pensions begins. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 2-3 (Standards for Recognition of Bereaved Families) |
| (1) | The standards for the recognition of support for dependents prescribed in Article 2 (1) 8 of the Act shall be as prescribed in attached Table 2. |
| (2) | "Degree of disability prescribed by Presidential Decree" in the latter part of Article 2 (2) of the Act and in subparagraph 2 of the same paragraph, means the status of disabilities falling within a range of disability grades 1 through 7 prescribed in Article 40 of the Enforcement Decree of the Public Officials’ Accident Compensation Act. <Amended by Presidential Decree No. 29180, Sep. 18, 2018> |
| (3) | The following facts shall be proved by medical certificates issued by medical care institutions (hereinafter referred to as "medical care institutions") referred to in Article 42 of the National Health Insurance Act: <Amended by Presidential Decree No. 24077, Aug. 31, 2012> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
CHAPTER II ESTABLISHMENT AND OPERATION OF SPECIAL POST OFFICES
| Article 3 (Public Notification of Prearranged Areas for Establishment of Special Post Offices) |
When the Minister of Science and ICT intends to designate a special post office pursuant to Article 3 (1) of the Act, he/she shall publicly notify an area prearranged for the establishment of a special post office in advance, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 4 (Application for Designation of Special Post Offices and Procedure Therefor) |
| (1) | A person who intends to obtain designation as a special post office under Article 3 (1) of the Act, shall submit a written application for the designation of a special post office to the Minister of Science and ICT through the president of a competent local Korea Post, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Upon receipt of a written application in paragraph (1), the president of a competent local Korea Post shall examine whether the facility in question meets the facility standards prescribed in Article 3 (2) of the Act, and attach his/her statement of opinion thereon to the written application, which he/she shall send to the Minister of Science and ICT without delay. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Upon receipt of the written application in paragraph (2), the Minister of Science and ICT shall determine whether or not to approve such designation, after examining whether the corresponding applicant satisfies the facility standards in Article 3 (2) of the Act as well as the eligibility requirements in Article 3-2 of the Act, and notify the applicant thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Where the Minister of Science and ICT designates a special post office, he/she shall notify a special post office pension service agency (hereinafter referred to as the "Pension Service Agency") in Article 16 (1) of the Act, of such fact within one month from the date of such disposition. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 5 (Standards for Designation of Special Post Offices) |
| (1) | Where at least two persons apply for the designation of a special post office under Article 4 (1), the Minister of Science and ICT shall conduct a comprehensive examination of the applicants’ ability to establish and operate a special post office, proposed locations to build a special post office, facilities plans, etc. and designate one person who is recognized as possessing outstanding capability to establish and operate a special post office. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Detailed criteria for determining whether an applicant has outstanding capability in paragraph (1), shall be determined by the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 6 (Public Notification of Name, Location, and Jurisdiction of Special Post Offices) |
Where the Minister of Science and ICT designates a special post office under Article 4, he/she shall publicly notify its name, location, and jurisdiction. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 7 Deleted. <by Presidential Decree No. 17475, Dec. 31, 2001> |
| Article 8 (Application for Succession to Designation) |
| (1) | A person eligible to succeed to the designation of a special post office under Article 3-3 of the Act, shall be his/her offspring or spouse who meets the eligibility requirements prescribed in Article 3-2 of the Act. |
| (2) | A person who intends to succeed to the designation of a special post office under Article 3-3 of the Act, shall file an application for the succession with the Minister of Science and ICT, jointly with a designee, as prescribed by Ordinance of the Ministry of Science and ICT: Provided, That where a designee dies, a person who intends to succeed to the designation of a special post office, may apply solely for succession. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The application for succession in the proviso to paragraph (2) shall be filed within two months from the date of a designee’s death. |
| (4) | Where the succession to the designation of a special post office takes place, the Minister of Science and ICT shall notify the Pension Service Agency thereof within one month from the date of approval. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 8-2 Deleted. <by Presidential Decree No. 17475, Dec. 31, 2001> |
| Article 9 Deleted. <by Presidential Decree No. 16048, Dec. 31, 1998> |
| Article 10 (Prohibition of Profit-making Business) |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 11 (Follow-Up Measures on Cancellation of Designation of Special Post Offices) |
| (1) | Where the Minister of Science and ICT has cancelled the designation of a special post office under Article 15 (1) of the Act, he/she shall notify the Pension Service Agency thereof within one month from the date of the cancellation, and take necessary measures so that post offices or other special post offices take over the concerned business affairs within three months from the date of such cancellation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall pay remuneration to employees of a special post office of which designation has been cancelled for their work done from the date of the cancellation under paragraph (1) to the date the transfer of business affairs is completed, in the amount corresponding to each employee's job category and rank as at the time of the cancellation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The employees in paragraph (2) shall maintain their status as an employee and assume their job duties during the period of their service. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 12 (Charges for Using Facilities) |
When calculating reasonable charges for using facilities under Article 15 (3) of the Act, the Minister of Science and ICT shall determine an amount equivalent to rental fees for comparable facilities in an area where the corresponding facility is located as at the time when the designation of a relevant special post office is canceled. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 13 (Claim for Compensation) |
| (1) | A person who intends to receive compensation under Article 15 (4) of the Act, shall submit a written application for compensation with evidentiary documents related to the calculation of the compensation attached thereto, to the Minister of Science and ICT through the president of a competent local Korea Post. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | An applicant shall enter the following information into a written application in paragraph (1) and write his/her name and affix his/her seal thereto: |
| 1. | Name and address of an applicant; |
| 2. | Date of the cancelation of designation, and grounds for requesting a compensation; |
| 3. | Amount claimed (including particulars of the amount claimed and grounds for calculation). |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 14 (Determination of Compensation Amounts) |
| (1) | Upon receipt of a written application for the payment of compensation in Article 13, the Minister of Science and ICT shall determine whether or not to pay compensation and the amount thereof, and notify an applicant thereof within three months from the date of receipt of such written application for compensation payment. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | through (8) Deleted. <by Presidential Decree No. 23348, Dec. 6, 2011> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
CHAPTER III SPECIAL POST OFFICE PENSION SERVICE AGENCY
| Article 15 Deleted. <by Presidential Decree No. 18879, Jun. 23, 2005> |
| Article 16 (Registration of Incorporation) |
| (1) | The Pension Service Agency shall register its incorporation at the location of its principal office within two weeks from the date of obtaining approval for its articles of incorporation under Article 16-2 (2) of the Act. |
| (2) | The matters to be identified for the registration for incorporation shall be as follows: |
| 3. | Locations of the principal office and branches; |
| 4. | Date of approval of establishment; |
| 5. | Names and addresses of executive officers; |
| 7. | In the case of restrictions on the power of representation of executive officers, matters related to such restrictions. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 17 (Submission of Income Information) |
| (1) | A special postmaster (hereinafter referred to as a "postmaster") prescribed in Article 4 of the Act, shall submit materials related to employees under his/her control to the Pension Service Agency in accordance with Article 19 (1) of the Act, by the following corresponding deadlines: |
| 1. | An amount obtained by deducting non-taxable income from the income prescribed in attached Table 1, and the amount prescribed in any item of subparagraph 1 of the same Table: By March 31 of each year; |
| 2. | An increase in the monthly pay prescribed in any item of subparagraph 1 of attached Table 1, and the income information necessary to determine the amount of standard monthly income pursuant to subparagraph 3 (c) of the same Table: By the last day of each month. |
| (2) | If deemed necessary to efficiently perform pension duties, the Pension Service Agency may separately designate a person to submit materials related to the information prescribed in any subparagraph of paragraph (1). |
[This Article Newly Inserted by Presidential Decree No. 22943, May 30, 2011]
| Article 18 (Fact-Finding Investigation of Incumbent Persons) |
| (1) | If necessary to make a long-term judgement on the amount of funds which will be required for benefits payment and to improve the benefits system, the Pension Service Agency may request that a postmaster conduct a fact-finding investigation of the employees of a special post office under Article 19 (1) of the Act. |
| (2) | Deleted. <by Presidential Decree No. 26769, Dec. 30, 2015> |
| (3) | In cases of changes in the number of employees, or the retirement, death, transfer (including where an employee is reappointed on the date of his/her retirement or on the following day and he/she has been paid neither retirement benefits nor retirement allowances; hereinafter the same shall apply), leave of absence, or other changes in personal circumstances of employees, the postmaster shall report the details thereof to the Pension Service Agency without delay under Article 19 (1) of the Act through the postmaster of a post office to which the special post office belongs (hereinafter referred to as the "competent postmaster"). |
| (4) | Where an employee under his/her control is newly appointed, the postmaster shall submit a written request for benefits card issuance, along with an employee appointment report, to the Pension Service Agency without delay. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 18-2 (Investigation of Identity of Pension Recipients) |
| (1) | In order to identify changes in the status of a pension recipient (referring to a person who is paid pension benefits under Article 24 of the Act; hereinafter the same shall apply), which affect pension benefits, the Pension Service Agency may request a Special Self-Governing Province Governor, a Metropolitan Autonomous City Mayor, or the head of a Si/Gun/Gu, who has jurisdiction over the abode or original domicile of the pension recipient, to investigate the identity of the pension recipient. |
| (2) | Upon receipt of a request for the investigation under paragraph (1), the Special Self-Governing Province Governor, the Metropolitan Autonomous City Mayor, or the head of the Si/Gun/Gu shall conduct an investigation and shall notify the Pension Service Agency of findings thereof, without delay. |
| (3) | In order to ascertain a change in the entitlement to pension or extinguishment, etc. of such entitlement under Article 19 (1) of the Act, the Pension Service Agency may investigate a recipient, his/her family, etc. as to whether the recipient is dead, divorced, or makes a living or may request any of them to submit relevant documents. |
| (4) | A recipient who resides in a foreign country, shall have documents stating changes in his/her status as on May 31 each year, confirmed by the head of the overseas diplomatic mission in the country (referring to the head of the overseas diplomatic mission in a neighboring country, if there is no overseas diplomatic mission in the relevant country) and shall submit such documents to the Pension Service Agency by not later than June 30 every year. |
| (5) | If a recipient does not submit the documents referred to in paragraph (3) or (4), without good cause, the Pension Service Agency may temporarily suspend the payment of benefits to the recipient under Article 19 (5) of the Act. In such cases, the recipient, his/her family, etc. shall be notified in advance of the fact that the payment of benefits may be suspended if they do not submit the documents referred to in paragraph (3) or (4). |
| (6) | If the ground for the suspension of payment of benefits under paragraph (5) is removed, the Pension Service Agency shall resume the payment immediately. |
[This Article Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015]
| Article 19 (Scope of Financial Institutions) |
| (1) | "Financial institution prescribed by Presidential Decree" in subparagraph 1 of Article 20 of the Act, means the following financial institutions: |
| (2) | "Securities prescribed by Presidential Decree" in subparagraph 3 of Article 20 of the Act, means each of the following: |
| 1. | Securities that the following institutions has directly issued or has guaranteed debt obligation thereof: |
| (a) | State or local governments; |
| (c) | Financial institutions in each of the subparagraphs of paragraph (1); |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 20 (Profit-Making Business) |
"Profit-making business prescribed by Presidential Decree" in subparagraph 5 of Article 20 of the Act, means the following: | 1. | Business intended to acquire real estate and to enhance the value or utility of the real estate acquired; |
| 2. | Business whose return is expected to be higher than the interest rates on time deposits with a maturity of one year. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
The fiscal year of the Pension Service Agency referred to in Article 21 (3) of the Act, shall be the same as that of the Government. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 22 (Accounting Principles) |
The Pension Service Agency shall maintain all accounting transactions in accordance with regular bookkeeping principles on an accrual basis, in order to clarify its business management performance and financial position under Article 21 (3) of the Act. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 23 (Settlement of Accounts) |
The Pension Service Agency shall prepare and submit reports on the settlement of accounts (referring to a balance sheet, a statement of profit or loss, and a statement of surplus appropriation) and specifications annexed thereto for a previous fiscal year, to the Minister of Science and ICT, within three months from the end of each fiscal year prescribed in Article 21 (3) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 24 (Business Plan and Budget) |
| (1) | The Pension Service Agency shall submit its business plan and budget for each fiscal year to the Minister of Science and ICT, and obtain approval therefor not later than one month prior to the start of the corresponding fiscal year under Article 21-2 (1) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The budget to be submitted under paragraph (1), shall contain general provisions, an estimated balance sheet, and an estimated statement of profit or loss; and supplemental documents necessary to clarify its contents shall be attached thereto. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 25 (Operating Expenses) |
The maximum amount that the Pension Service Agency is allowed to disburse as its operating expenses per fiscal year under Article 23 of the Act, shall be 50/100 of its operating profits of each fiscal year. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
CHAPTER IV BENEFITS AND COST-BEARING
| Article 26 (Keeping and Maintaining Employee Benefit Cards) |
| (1) | The Pension Service Agency shall prepare the original and a copy of a benefits card assigned to an individual benefit number for employees governed by the Act and this Decree, and keep and maintain the original while issuing a copy to the relevant postmaster to whom the relevant employee belongs. |
| (3) | The Pension Service Agency and the relevant postmaster (referring to the postmaster to whom the relevant employee belongs; hereinafter the same shall apply) shall ascertain the following facts, and enter any such information into a benefits card: |
| 1. | Reasons for reduction in retirement benefits or retirement allowances under Article 44; |
| 2. | Reasons for reduction in unpaid charges under Article 56. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 27 (Issuance of Certificates of Pension) |
Where the Pension Service Agency intends to pay pension benefits, it shall issue a certificate of pension to a pension recipient. <Amended by Presidential Decree No. 26769, Dec. 30, 2015>
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 28 (Pension Payment Date) |
| (1) | The Pension Service Agency shall pay pension benefits on the 25th of each month in accordance with Article 24-2 (4) of the Act: Provided, That if a payment date falls on a Saturday or a public holiday, the payment shall be made on a day immediately preceding the day. |
| (2) | Notwithstanding paragraph (1), where the entitlement to pension is to become terminated, the Pension Service Agency may make a payment prior to a payment date. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 29 (Requests for Liquidation of Pension in Case of Emigration or Loss of Nationality) |
| (1) | Where a pension recipient intends to receive pension benefits in lump sum under Article 24-3 (1) of the Act, he/she shall submit a written application for the liquidation of pension to the Pension Service Agency, along with the following documents: |
| 1. | A certificate of pension; |
| 2. | A certificate of departure, a certificate of expected departure, or other documents evidencing emigration. |
| (2) | Where a pension recipient intends to receive pension benefits in lump sum under Article 24-3 (2) of the Act, he/she shall submit a written application for the liquidation of pension to the Pension Service Agency, along with the following documents: |
| 1. | A certificate of pension; |
| 2. | A copy of archived family relations, a certificate of basic personal information among certificates concerning family relations records, or documents which certify the loss of nationality. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 30 (Methods for Paying Benefits to Representative of Bereaved Family) |
| (1) | Where at least two persons among bereaved family members rank in the same order of precedence with regard to the receipt of bereaved family benefits, and a representative is selected from among them or their legal representatives to receive the benefits by delegation for all those concerned, the Pension Service Agency may pay a total amount of benefits to such representative in lieu of the equally divided payment prescribed in Article 24-4 (2) of the Act. |
| (2) | In order to receive benefits pursuant to paragraph (1), a report on the selection of a representative shall be submitted to the Pension Service Agency, along with the following documents: |
| 1. | Where a delegating person is an adult: A copy of an identification card issued by public agencies which can confirm the identity of the delegating person, such as his/her resident registration certificate; |
| 2. | Where a delegating person is a minor: A copy of an identification card issued by public agencies which can confirm the identity of a legal representative, such as his/her resident registration certificate. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 31 (Payment of Retirement Benefits for Missing Persons) |
| (1) | The fact that a person entitled to retirement benefits under Article 24-5 of the Act has been missing for at least one year, shall be proved by the confirmation of the relevant Special Self-Governing Province Governor or Metropolitan Autonomous City Mayor, the head of the relevant Si/Gun/Gu, or the chief of the relevant police station and the relevant postmaster. <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| (2) | "Interest prescribed by Presidential Decree" in the proviso to Article 24-5 (3) of the Act and in the latter part of paragraph (4) of the same Article, means the interest calculated by applying the highest interest rate among the interest rates on time deposits imposed by banks (hereinafter referred to as "national bank") with operations across the country as of January 1 of the relevant year from among the banks established under the Banking Act. |
| (3) | A person who intends to be paid a retirement pension or an early retirement pension under Article 24-5 (4) of the Act, shall submit a written application to the Pension Service Agency. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 32 (Application for Transfer of Entitlement to Pension by Bereaved Families of Missing Persons) |
| (1) | Where any member of a bereaved family in the same order of precedence or in the second highest order of precedence intends to receive a pension for the bereaved family under Article 24-5 (6) of the Act, he/she shall submit a written application for the transfer of the entitlement to pension for the bereaved family to the Pension Service Agency, along with the following documents: |
| 2. | Documents certifying that an applicant is the representative of the bereaved family under Article 30 (limited to the case where an applicant is the representative of the bereaved family members who are in the same order of precedence); |
| 3. | Documents certifying that a person entitled to a pension for the bereaved family has been missing for at least a year. |
| (2) | The fact that a recipient of a pension for the bereaved family under Article 24-5 (6) of the Act has been missing for at least one year, shall be proved by the confirmation of the relevant Special Self-Governing Province Governor or Metropolitan Autonomous City Mayor, the head of the relevant Si/Gun/Gu, or the chief of the relevant police station. <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 33 (Special Cases concerning Payment of Benefits Where There Is No Bereaved Family Member) |
| 1. | Pension benefits: The amount calculated by multiplying the three years' worth of the original amount of a pension (where a current or former employee dies before reaching the retirement pension payout age prescribed in Article 25-2 (1) 1 of the Act, it refers to the three years' worth of an early retirement pension as at the time of his/her death; and where the number of years falling short prescribed in Article 25-2 (2) of the Act exceeds five years when a current or former employee dies, it refers to the three years' worth of an early retirement pension amount, which shall be calculated based on the premise that his/her death occurred when the number of years falling short is more than four years but not more than five years) as at the time of such death by the following rate: {36-(the number of months for pension payment until death under Article 24-2 (1) of the Act)} x 1/36; |
| 2. | Short-term benefits: The original amount of benefits; |
| 3. | Long-term benefits other than the benefits prescribed in subparagraphs 1 and 2: The original amount of benefits: Provided, That in the case of the lump sum bereaved family's pension and the lump sum payment for the bereaved family, 1/2 of the original amount of benefits. |
| (2) | Where there is no lineal descendant who is not a bereaved family member, the Pension Service Agency may pay benefits prescribed in paragraph (1) to the postmaster of a current or former employee under Article 24-6 (1) of the Act, so that the money can be used to prepare a grave, ancestral rite utensils, a monument, etc. for the former employee, or to pay for memorial activities, etc. in honor of such person, or to cover medical care expenses incurred before the death of such person. |
| (3) | A postmaster who intends to use benefits for a former employee, as prescribed in paragraph (2), shall submit a written application for benefits payment to the Pension Service Agency, along with a plan for using the relevant benefits. |
| (4) | A postmaster shall spend the benefits in accordance with the plan prescribed in paragraph (3), and submit a bill of expenditures to the Pension Service Agency with relevant receipts attached thereto after the execution of the plan. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 34 (Average Amounts of Standard Monthly Income for All Employees) |
| (1) | Article 2-2 shall apply mutatis mutandis to the method of converting the amount calculated by dividing the aggregate of the amounts obtained in accordance with Article 25 (2) 1 of the Act by 3, into the value as at the time the payment of a pension begins. <Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015> |
| (2) | The average standard monthly income for all employees under Article 25 (4) of the Act shall be calculated by dividing the total amount of standard monthly income of all employees (including only those who have been in service continuously from January 1 through December 31 of the preceding year; hereafter the same shall apply in this paragraph) by the total number of employees, but an amount less than 10,000 won shall be rounded up. <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| (3) | The Minister of Science and ICT shall determine the average standard monthly income of all employees under paragraph (2) and shall notify the relevant postmaster thereof by April 25 of each year. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26769, Dec. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 35 (Status of Disabilities for Receipt of Retirement Pensions) |
"Disability prescribed by Presidential Decree" in Article 25-2 (1) 3 of the Act means the status of disabilities falling within a range of disability grades 1 through 7 under Article 40 of the Enforcement Decree of the Public Officials’ Accident Compensation Act. <Amended by Presidential Decree No. 29180, Sep. 18, 2018> [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 36 (Special Cases concerning Calculation of Retirement Benefits) |
Where a retired employee is re-appointed as an employee and retires again after having his/her new period of service aggregated under Article 34 (2) of the Act, and when such employee intends to receive a lump sum retirement pension or a lump sum payment for retirement, if the amount of benefits is smaller than the amount obtained by adding up an amount to be returned and its interest (the highest interest rate among the interest rates on time deposits applied by national banks as of January 1 of each year following the payment of an amount to be returned, which shall then be calculated by applying an compound interest on an annual basis) to a lump sum retirement pension or a lump sum payment for retirement for the new period of service after the reappointment, the added-up amount shall be paid. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 37 (Application for Retirement Benefits) |
| (1) | A person who intends to receive retirement benefits under Article 25-2 of the Act shall submit a written application for retirement benefits to a relevant postmaster; and the postmaster shall review and confirm if there are any reasons for imposing restrictions on benefits as well as other necessary matters, and transfer the case to the Pension Service Agency without delay after obtaining confirmation from the competent postmaster. |
| (2) | Where a person applies for a retirement pension pursuant to Article 25-2 (1) 2 of the Act, he/she shall attach a written confirmation issued by the Minister of Science and ICT under Article 25-2 (9) of the Act, to the written application for retirement benefits in paragraph (1). <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Where a person applies for a retirement pension pursuant to Article 25-2 (1) 3 of the Act, he/she shall attach a disability certificate which verifies the status of disability, to the written application for retirement benefits in paragraph (1). |
| (4) | Where a person who has applied for retirement benefits or bereaved family's benefits intends to change the type of benefits or to change the timing of the payment of an early retirement pension, he/she shall submit a written application for such change to the Pension Service Agency before the payment of benefits or within 30 days from the benefits payment date (referring to the first payment date in cases of pension benefits). |
| (5) | Where a person changes the type of benefits or the timing of payment under paragraph (4), he/she shall return, to the Pension Service Agency, an amount obtained by adding up benefits already received to the interest (the highest interest rate from among the interest rates on time deposits applied by national banks as of January 1 of each corresponding year) for the number of days beginning with the day immediately following the date of the receipt of benefits and ending with the date of the return of benefits. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 38 (Application for Bereaved Family's Benefits) |
Any person who intends to receive a pension for the bereaved family, a bereaved family pension supplement, special additional money to bereaved family's pension, a lump sum bereaved family's pension, or a lump sum payment for bereaved family under Article 25-3 of the Act, shall submit a written application for bereaved family's benefits, along with the following documents, to the postmaster to which a former employee belonged, and the postmaster shall review and confirm the matters required for the payment of benefits without delay and then transfer the case to the Pension Service Agency through the competent postmaster: Provided, That in the case of the application for bereaved family's benefits upon the death of the recipient of a retirement pension or an early retirement pension, a written application for such benefits shall be submitted to the Pension Service Agency, along with a certificate of pension: | 1. | Documents that certify the death and the fact of having a bereaved family member as a dependent under Article 2 (1) 8 of the Act; |
| 2. | Documents that certify the fact that the representative of the bereaved family under Article 30 in the case of the application made by the representative of bereaved family members who are in the same order of precedence. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 39 (Persons Eligible for and Application Procedures for Condolence Money) |
| (1) | "One employee prescribed by Presidential Decree" in the latter part of Article 25-5 (1) of the Act, means a person who ranks first among the employees selected in accordance with the following order of precedence: |
| 1. | An employee who is the spouse of the deceased; |
| 2. | A person who is the oldest among the nearest lineal descendants of the deceased; |
| 3. | An employee who is the spouse of the oldest lineal descendant among the employees who are the spouse of the nearest lineal descendants of the deceased. |
| (2) | Where an employee who died has no spouse, condolence money shall be paid to a person who ranks first among those who perform a funeral service or a religious service pursuant to Article 25-5 (2) of the Act, in accordance with the following order of precedence: Provided, That where there is an employee among the lineal descendants of the employee who died, the condolence money shall be paid to such employee: |
| 1. | A person who is the oldest among the nearest lineal descendants of an employee who died; |
| 2. | A person who is the oldest among the nearest lineal ascendants of an employee who died; |
| 3. | A person who is the oldest among the brothers and sisters of an employee who died. |
| (3) | A person who intends to be paid condolence money under Article 25-5 of the Act, shall submit a written application (including an electronic application form), along with the following documents, to the Pension Service Agency through the competent postmaster after obtaining confirmation of a relevant postmaster: Provided, That where the information about the attached documents can be confirmed through data matching of administrative information under Article 36 (1) of the Electronic Government Act, such confirmation shall substitute for such documents: |
| 1. | Documents which can certify the death of and the relationship with the deceased; |
| 2. | A certified copy of a resident registration card (which shall apply only to an employee who has served as a supporter). |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 40 (Disaster Relief Money) |
| (1) | The scope of disasters for which disaster relief money may be paid under Article 25-6 of the Act, shall be limited to damage to a house (including a share in an apartment house; hereinafter the same shall apply) owned by an employee or his/her spouse, or a house owned by a lineal ascendant or descendant of an employee or his/her spouse where a relevant employee resides in, caused by fire, flood, heavy rain, heavy snow, storm, tsunami, or other natural or man-made disasters equivalent thereto. |
| (2) | The amount of disaster relief money that may be paid based on the severity of disasters pursuant to Article 25-6 of the Act, shall be as follows: <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| 1. | Where a house has been completely burnt, carried away, or destroyed: 39/10 of the average standard monthly income of all employees; |
| 2. | Where at least 1/2 of a house has been burnt, carried away, or destroyed: 26/10 of the average standard monthly income of all employees; |
| 3. | Where at least 1/3 of a house has been burnt, carried away, or destroyed: 13/10 of the average standard monthly income of all employees. |
| (3) | A person who intends to be paid disaster relief money under Article 25-6 of the Act, shall submit a written application (including its electronic application form) for disaster relief money, along with the following documents (including electronic documents), to the Pension Service Agency through the competent postmaster after obtaining confirmation from a relevant postmaster: Provided, That where the information about the attached documents can be confirmed though data matching of administrative information under Article 36 (1) of the Electronic Government Act, such confirmation shall substitute for such documents: <Amended by Presidential Decree No. 25104, Jan.17, 2014; Presidential Decree No. 26769, Dec. 30, 2015> |
| 1. | A written confirmation of the loss, issued by the relevant Special Self-Governing Province Governor or Metropolitan Autonomous City Mayor, the head of the relevant Si/Gun/Gu, or the chief of the relevant fire station; |
| 2. | A certified copy of a resident registration card; |
| 3. | A certified copy of a building ledger or a real estate certificate. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 41 (Retirement Allowances) |
The amount of a retirement allowance referred to in Article 25-7 (2) of the Act, shall be calculated by multiplying the amount of standard monthly income by the rate prescribed in the following classifications for each year of the service period: Provided, That in this case, the total number of years in office shall not exceed 33 years: | 1. | Where the period of service is one year or more but less than five years: 650/10,000; |
| 2. | Where the period of service is five years or more but less than ten years: 2,275/10,000; |
| 3. | Where the period of service is ten years or more but less than 15 years: 2,925/10,000; |
| 4. | Where the period of service is 15 years or more but less than 20 years: 3,250/10,000; |
| 5. | Where the period of service is 20 years or more: 3,900/10,000. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
[Article 41-2 Moved to Article 64]
| Article 42 (Requests for Retirement Allowances) |
| (1) | A person who intends to receive a retirement allowance under Article 25-7 of the Act, shall submit a written request for retirement allowance to a relevant postmaster. |
| (2) | Upon receipt of a written request for retirement allowance referred to in paragraph (1), a relevant postmaster shall review and confirm if there are reasons for reducing a period of service, reasons for restricting benefits, and other necessary matters, and send a written request for retirement allowance to the Pension Service Agency through the competent postmaster. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 42-2 (Procedures for Making Claim for Divided Pensions) |
| (1) | A divided pension under Article 25-10 (1) of the Act shall be paid from the month immediately following the month in which the ground for the payment of the divided pension arises, to the month in which the ground for the payment terminates. |
| (2) | A person who intends to make a claim for a divided pension under Article 25-10 (3) of the Act, shall prepare a written application for a divided pension, along with the following documents, and shall submit them to the Pension Service Agency: Provided, That a person who had a de facto marital relationship, shall submit a document certifying the relationship, along with a written application for a divided pension, to the Pension Service Agency: |
| 1. | One set of the family relations certificate; |
| 2. | One set of the marriage relation certificate; |
| 3. | One set of the certified copy and extract of the resident registration card. |
[This Article Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015]
| Article 42-3 (Classification of Degree of Disability) |
Article 40 and attached Tables 3 and 4 of the Enforcement Decree of the Public Officials’ Accident Compensation Act shall apply mutatis mutandis to the classification of the degree of disability (hereinafter referred to as "disability grades") of a person entitled to an off-duty disability pension in Article 25-14 (1) of the Act (hereinafter referred to as "off-duty disability pension"). <Amended by Presidential Decree No. 29180, Sep. 18, 2018> [This Article Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015]
| Article 42-4 (Claim for Off-Duty Disability Pensions) |
A person who intends to become entitled to an off-duty disability pension, shall submit a written claim for the off-duty disability pension to the Pension Service Agency, along with the following documents:
| 1. | A medical certificate of disabilities; |
| 2. | A statement of the causes of disabilities. |
[This Article Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015]
| Article 42-5 (Composition and Operation of the Committee for Deliberation on Off-Duty Disability Pensions) |
| (1) | The committee for deliberation on off-duty disability pension under Article 25-14 (2) of the Act (hereinafter referred to as the "Committee") shall be comprised of not less than five but not more than seven members, including one Chairperson. |
| (2) | The president of the Pension Service Agency shall serve as the Chairperson of the Committee, and the following persons shall be members of the Committee: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Persons appointed by the Minister of Science and ICT from among non-standing directors of the Pension Service Agency; |
| 2. | Persons appointed by the Minister of Science and ICT from among Grade-IV or higher-ranking public officials in charge of affairs concerning special post offices in the Ministry of Science and ICT; |
| 3. | Persons commissioned by the Minister of Science and ICT from among the following persons: |
| (b) | Licensed attorneys at law; |
| (c) | Other persons who have extensive knowledge and experience in social security benefits. |
| (3) | The term of office of commissioned members shall be three years but may be renewed consecutively only for another term. |
| (4) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (5) | Commissioned members who attend a meeting of the Committee, may be reimbursed for allowances and travel expenses. |
| (6) | Except as otherwise provided in paragraphs (1) through (5), matters necessary for the operation of the Committee shall be determined by the Chairperson after resolution by the Committee thereon. |
[This Article Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015]
| Article 42-6 (Matters Subject to Deliberation by the Committee) |
The Committee shall deliberate on the following matters:
| 1. | Examination of the ground for the payment of benefits of the off-duty disability pension and determination of disability grades and benefits, under Article 25-14 (2) of the Act; |
| 2. | Adjustment of grades for the off-duty disability pension and determination on whether the entitlement to pension is extinguished, under Article 25-16 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015]
| Article 42-7 (Adjustment of Disability Grades) |
| (1) | If the degree of disability of a person entitled to an off-duty disability pension has deteriorated or improved, the person shall file an application for the adjustment of his/her disability grade with the Pension Service Agency in accordance with Article 25-16 (1) of the Act, along with the following documents: |
| 1. | A medical certificate issued by a medical care institution; |
| 2. | A certificate of off-duty disability pension. |
| (2) | In order to ascertain whether the degree of disability of a pension recipient has deteriorated or improved and whether the pension recipient's disabilities meet the criteria prescribed in this Decree for the degree of disability under Articles 2 (2), 25-2 (1) 3, 25-16, 27-3, and 27-4 (1) 4 and 5, the Pension Service Agency may require the pension recipient to undergo a medical examination at a medical care institution designated by the Pension Service Agency. |
| (3) | Where the Pension Service Agency requires a pension recipient to undergo a medical examination under paragraph (2), it shall bear the expenses incurred in conducting the examination. |
[This Article Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015]
| Article 43 (Payment and Receipt of Benefits) |
| (1) | The payment of benefits under Article 26 of the Act shall be made through a savings account of a benefit recipient opened at a postal service office or financial institution. |
| (2) | When benefits are deposited into a savings account of a benefit recipient under paragraph (1), it shall be considered the receipt of the benefits by the recipient himself/herself. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
[Article 43-3 Moved to Article 28]
[Article 43-4 Moved to Article 29]
[Article 43-5 Moved to Article 35]
| Article 43-6 Deleted. <by Presidential Decree No. 22943, May 30, 2011> |
| Article 44 (Reduction of Retirement Benefits or Retirement Allowances Due to Punishment) |
| (1) | The amount of a retirement benefit or a retirement allowance to be reduced pursuant to Article 27 (2) of the Act, shall be as follows. In this case, a retirement pension or an early retirement pension shall not be reduced until the month in which the date a reason for the reduction arises falls: |
| (a) | Retirement benefit of a person whose period of service is less than five years: 1/4 of the corresponding amount; |
| (b) | Retirement benefit of a person whose period of service is at least five years: 1/2 of the corresponding amount; |
| (c) | Retirement allowance: 1/2 of the corresponding amount; |
| 2. | In cases falling under Article 27 (2) 3 the Act: |
| (a) | Retirement benefit of a person whose period of service is less than five years: 1/8 of the corresponding amount; |
| (b) | Retirement benefit of a person whose period of service is at least five years: 1/4 of the corresponding amount; |
| (c) | Retirement allowance: 1/4 of the corresponding amount. |
| (2) | Where there exist reasons for the suspension of payment under Article 27 (3) of the Act, only the amount equivalent to 3/4 of the benefits of the lump sum payment for retirement shall be paid first in the case of a person whose period of service is less than five years, while only the amount equivalent to 1/2 of the benefits of the lump sum pension for retirement or the lump sum payment for retirement shall be paid first in the case of a person whose period of service is at least five years, and the balance shall be paid in any of the following cases: |
| 1. | Where a person receives a non-prosecution disposition; |
| 2. | Where a person is not sentenced to imprisonment without labor or heavier punishment; |
| 3. | Where the period of the suspension of sentence has passed after a person is sentenced to imprisonment without labor or heavier punishment. |
| (3) | When a relevant postmaster submits a written application for retirement benefits or for retirement allowances of a person who falls under paragraph (1) or (2) to the Pension Service Agency after obtaining confirmation from the competent postmaster, he/she shall enter the relevant fact into the written application: Provided, That when a relevant postmaster comes to learn of the relevant fact only after transferring the written application for retirement benefits or for retirement allowances, he/she shall notify the Pension Service Agency of such fact without delay. |
| (4) | Where a person for whom the payment has been suspended in accordance with Article 27 (3) of the Act intends to receive the balance referred to in paragraph (2), he/she shall submit a written application for a retirement benefit balance or a retirement allowance balance to the Pension Service Agency, along with the following evidentiary documents: |
| 1. | A person who falls under paragraph (2) 1: A written decision of non-prosecution disposition issued by the chief of the competent prosecutors' office; |
| 2. | A person who falls under paragraph (2) 2 or 3: A certificate of criminal trial decision issued by the chief of the competent prosecutors' office. |
| (5) | "Interest prescribed by Presidential Decree" in the latter part of Article 27 (3) of the Act, means an amount of interest estimated adopting a method by which the interest for a given year shall be calculated by applying the highest interest rate among the interest rates on time deposits imposed by national banks as of January 1 of the corresponding year, during a period beginning with the month immediately following the month in which some of retirement benefits or retirement allowances are paid and ending with the month in which the date a reason for paying the balance arises falls, and then shall be added up to the amount of balance on an annual basis so that the amount of interest can be thereafter calculated based on such added amount. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
[Article 44-3 Moved to Article 45]
[Article 44-5 Moved to Article 38]
[Article 44-6 Moved to Article 32]
[Article 44-8 Moved to Article 47]
[Article 44-9 Moved to Article 39]
[Article 44-10 Moved to Article 49]
[Article 44-11 Moved to Article 41]
[Article 44-12 Moved to Article 42]
[Article 44-13 Moved to Article 57]
[Article 44-14 Moved to Article 40]
| Article 45 (Suspension of Payment of Retirement Pensions, Early Retirement Pensions, and Off-Duty Disability Pensions) |
| (1) | The amount determined in May of the preceding year as the average standard monthly income of all members for the preceding year under the proviso to Article 27-2 (1) of the Act, shall apply to the period January through December of the pertinent year. <Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015> |
| (3) | The monthly income in the former part of the main sentence of Article 27-2 (3) of the Act means the amount calculated by dividing the income for one year from January 1 to December 31 (an amount of less than 10,000 won shall be rounded off) by the number of the months during which a person has been engaged in income-earning business. <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| (4) | If the monthly income for the pertinent year exceeds the average monthly pension benefits paid during the preceding year as prescribed in Article 27-2 (3) of the Act, the payment of the retirement pension, early retirement pension, or off-duty disability pension (hereafter referred to as "retirement pension, etc." in this Article) shall be partially suspended, and the amount of the suspended payment shall be calculated first by applying the average monthly pension benefits paid during the preceding year and shall be settled later after a final return on tax base is filed in accordance with paragraph (4). <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| (5) | When the Pension Service Agency intends to suspend the payment of a pension under Article 27-2 (3) of the Act, it shall suspend the payment of a retirement pension, etc. for the pertinent year, based on data provided by state agencies, etc. under Article 19 (3) of the Act: Provided, That, if it is impracticable to verify the amount of income of a retirement pension recipient, etc. with the data provided by state agencies, etc., it shall suspend the payment of a retirement pension, etc., based on the amount of income for the preceding year or the year before the preceding year. <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| (6) | Where the payment of a retirement pension, etc. has been suspended under the proviso to paragraph (3), the amount of the suspended pension benefits for the pertinent year shall be settled after a final return on tax base is filed in accordance with Article 70 of the Income Tax Act, and the difference in the payment shall be added to or subtracted from the retirement pension, etc. payable in or after the following month: Provided, That, if a retirement pension recipient, etc. requests the adjustment of the amount of suspended pension benefits by filing an application for the adjustment of suspended pension benefits, along with objective data evidencing the amount of his/her income for the pertinent year, the amount of suspended pension benefits may be adjusted before the final return on tax base is filed. <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| (7) | If a pension recipient is employed as an employee, a public official, a soldier, or a teacher or staff of a private school under the Act, the Public Officials Pension Act, the Military Pension Act, or the Pension for Private School Teachers and Staff Act or retires from such job, he/she shall submit a report on his/her re-employment or re-retirement, within ten days after the employment or retirement, to the Pension Service Agency with confirmation by the postmaster of the relevant special post office or the relevant post office. |
| (8) | Where it is found that a retirement pension recipient, etc. has no income other than a retirement pension, etc. during the month when the difference in the settlement under paragraph (6) is to be deducted from the retirement pension, etc., such difference in the settlement shall be deducted by not more than 20/100 of pension benefits payable for the pertinent month, notwithstanding paragraph (6). <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
[Article 45-2 Moved to Article 50]
| Article 46 (Disabilities to Cause Loss of Entitlement to Pensions for Bereaved Family) |
"Degree of disability prescribed by Presidential Decree" in Article 27-4 (1) 4 and 5 of the Act means the status of disabilities falling within a range of disability grades 1 through 7 prescribed in Article 40 of the Enforcement Decree of the Public Officials’ Accident Compensation Act. <Amended by Presidential Decree No. 29180, Sep. 18, 2018> [This Article Newly Inserted by Presidential Decree No. 22943, May 30, 2011]
| Article 47 (Proving Loss of Entitlement to Pensions for Bereaved Family) |
| (1) | The fact that the entitlement to a pension for the bereaved family has been lost under Article 27-4 (1) of the Act, shall be proved by the following methods: <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| 1. | Where a pension recipient dies or remarries, his/her kinship terminates, or a bereaved child or grandchild who does not have a disability attains the age of 19 years: A certificate of family relations records certifying such fact; |
| 2. | Where a bereaved child or grandchild with disabilities is 19 years of age or older and his/her disabilities is cured: A medical certificate issued by a medical care institution. |
| (2) | When the entitlement to a pension for the bereaved family is lost under Article 27-4 (1) of the Act, any of the following persons shall report the fact to the Pension Service Agency within 15 days from the date the cause of the loss of the entitlement arises: <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| 2. | In the case of remarriage or termination of other ties of kinship: The person in question; |
| 3. | When a child or grandchild who is a pension recipient attains the age of 19 years: His/her legal representative; |
| 4. | When disabilities of a disabled child or grandchild who is 19 years of age or older as a pension recipient have been cured: The recipient or his/her legal representative. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 48 (Requests for Transfer of Entitlement to Pensions for Bereaved Family by Those Who Have Lost Entitlement to Pensions for Bereaved Family) |
Where a bereaved family member in the same order of precedence or in the second highest order of precedence intends to be paid a pension for the bereaved family under Article 27-4 (2) of the Act, he/she shall submit a written application for the transfer of the entitlement to a pension for the bereaved family to the Pension Service Agency, along with the following documents: | 2. | Documents certifying the fact that he/she is the representative of the bereaved family under Article 30 (this shall apply only when the request is made by the representative of the bereaved family members who are in the same order of precedence); |
| 3. | Documents certifying the loss of the entitlement to a pension for the bereaved family. |
[This Article Newly Inserted by Presidential Decree No. 22943, May 30, 2011]
[Article 48-2 Moved to Article 55]
| Article 49 (Interest Rates for Postponed Payment of Benefits) |
| (1) | "Interest rate prescribed by Presidential Decree" in the latter part of Article 28 of the Act, means the highest interest rate among the interest rates on time deposits applied by national banks as of January 1 of the corresponding year. |
| (2) | The calculation of the amount of interest under paragraph (1) shall be based on the number of months counting from the month in which the date reasons for benefits arise falls to the month in which the date the postponed benefits are paid falls, and the interest shall be added to the postponed benefits on an annual basis so that the amount of interest can be thereafter calculated based on such added amount. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 50 (Recovery of Benefits) |
| (1) | The amount of benefits to be recovered under Article 30 (1) of the Act and the amount of interest, overdue interest and recovery cost to be added thereto, shall be as follows. In this case, the period to be covered in the calculation of interest which shall be added to the benefits, shall be reckoned from the date following the date of benefits payment to the date when the benefits to be recovered and interest (hereinafter referred to as "recovery amount") are determined and notified, and the interest shall be added to the benefits on an annual basis so that the amount of interest can be thereafter calculated based on such added amount, and the period to be covered in the calculation of overdue interest where recovery amount is not paid by payment deadline shall be counted from the day following the payment deadline to the date of payment of the recovery amount: |
| 1. | Amount of benefits: The amount paid under the Act and this Decree; |
| 2. | Interest: The amount calculated by applying the highest interest rate among the interest rates on time deposits imposed by national banks as of January 1 of each corresponding year; |
| 3. | Overdue interest: The amount calculated by applying the interest rate twice as high as the highest interest rate among the interest rates on time deposits imposed by national banks as of January 1 of each corresponding year during the calculation period for overdue interest rate; |
| 4. | Recovery cost: The cost required to cover travel expenses incurred in examining matters related to the recovery of benefits and other expenses incurred therefor, which shall be estimated by the Pension Service Agency. |
| (2) | Where a person who has received benefits or a relevant postmaster finds facts falling under any of the subparagraphs of Article 30 (1) of the Act, he/she shall report such fact to the Pension Service Agency or notify the Pension Service Agency thereof without delay. |
| (3) | Where the Pension Service Agency finds any reason to recover benefits through the report or notification under paragraph (2) or through other methods, it shall examine, without delay, the case in question, send a notice of return to a person who has received benefits, and notify the relevant postmaster and the competent postmaster thereof. |
| (4) | A person who receives a notice of return prescribed in paragraph (3), shall make a payment within 30 days from the date of receiving such notice: Provided, That in cases falling under Article 30 (1) 2 or 3 of the Act, payment may be made in monthly installments, starting from the month following the month in which the date a person obtains approval for a written application submitted to the Pension Service Agency to pay recovery amount in installments falls, within the following limits: |
| 1. | When the amount of money to be returned is less than 10 million won: Up to 20 installment payments; |
| 2. | When the amount of money to be returned is 10 million won or more but less than 20 million won: Up to 40 installment payments; |
| 3. | When the amount of money to be returned is 20 million won or more: Up to 60 installment payments; |
| (5) | The amount of one installment payment under the proviso to paragraph (4) shall be obtained by dividing the principal by the number of installment payments which shall then be added to interest calculated by applying an interest rate prescribed in paragraph (1) to the recovery amount to be paid during the period of installment payments: Provided, That no interest shall be added where benefits are recovered by mistake or omission by a relevant postmaster or the Pension Service Agency, as prescribed in Article 30 (1) 3 of the Act. |
| (6) | Where a person who has been approved to pay a recovery amount in installments under paragraph (4), is delinquent in paying such amount for three months or more, the Pension Service Agency may cancel such approval and recover both the recovery amount and overdue interest at once. |
| (7) | In any of the following cases, the Pension Service Agency may collect such amount in the same manner as it does delinquent national taxes under Article 30 (2) of the Act: |
| 1. | Where an amount to be returned is not paid in full by the payment deadline (referring to the final payment deadline in the case of installment payments prescribed in the proviso to paragraph 4) prescribed in the main sentence of paragraph (4); |
| 2. | Where a recovery amount and overdue interest are recovered at once under paragraph (6). |
| (8) | Where a recovery amount is overpaid or erroneously paid in the case of installment payments, the amount of the next installment shall be adjusted accordingly. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 51 (Coercive Collection) |
| (1) | Where a person liable to pay an amount to be recovered under Article 30 (1) of the Act fails to make such payment by the deadline, the Pension Service Agency shall send a reminder specifying a payment period of at least one month and not more than three months. |
| (2) | The reminder in paragraph (1) shall clearly state that coercive collection may be made in the same manner as delinquent national taxes are collected, if the payment is not made by a new deadline identified in the reminder. |
| (3) | Where the Pension Service Agency intends to impose a disposition on default for any of the following reasons, it shall submit a written request for approval to the Minister of Science and ICT: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | If the period of default is six months or longer; |
| 2. | If the designation of a special post office is canceled. |
| (4) | Upon receipt of the written request for approval in paragraph (3), the Minister of Science and ICT shall determine whether or not to approve such request and notify the Pension Service Agency thereof within 30 days from the receipt of such request. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | Where an executive officer or employee of the Pension Service Agency imposes a disposition on default in accordance with Article 30 (2) of the Act, he/she shall present an interested person with a certificate of approval prescribed in paragraph (4) and his/her identification card. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| 1. | When the whereabouts of a defaulter has not been known for a long time, or when a defaulter is proven to have no property; |
| 2. | When the recovery of benefits is deemed not possible due to other unavoidable reasons. |
| (2) | When the Pension Service Agency intends to take a write-off under paragraph (1) 2, it shall obtain approval from the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 53 (Amounts of Individual Charges and Designee's Charges) |
| (1) | The individual charges and designee's charges referred to in Article 33 (3) of the Act, shall be equal to 70/1,000 of the standard monthly income. |
| (3) | The Pension Service Agency shall notify a relevant postmaster or a person separately designated under Article 17 (2), of the standard monthly income and the individual charges for each employee not later than ten days prior to the payday in May each year. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 54 (Collection and Payment of Charges) |
| (1) | Individual charges, which shall be collected from remuneration that a relevant postmaster pays to employees each month, shall be paid after adding up designee's charges to the Pension Service Agency within five days from the payday. |
| (2) | Where an employee is not paid his/her remuneration for the relevant month for any reason why such remuneration cannot be paid, he/she shall pay his/her individual charges to the relevant postmaster by the payday. In this case, the relevant postmaster shall pay the individual charges he/she has received to the Pension Service Agency within five days from the receipt of such individual charges. |
| (3) | Where the relevant postmaster collects or receives charges, an amount to be returned, recovery amount, etc., and pays them to the Pension Service Agency, he/she shall submit a payment report to the Pension Service as well. |
| (4) | Where an employee is re-appointed as an employee in the month when he/she retires, he/she shall pay both individual charges and designee's charges again for that month after his/her reappointment: Provided, that this shall not apply when the periods of service are aggregated, as prescribed in Article 34 (2) of the Act. |
| (5) | Where charges are overpaid or erroneously paid in the case of payment in installments, the amount of the next installment shall be adjusted accordingly. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 55 (Payment of Charges by Persons on Leave of Absence for Military Service) |
| (1) | Where an employee is not paid remuneration since he/she is on a leave of absence for military service or other reasons, such employee shall not pay any charges during the period of his/her leave of absence, but when a reason for the leave of absence ceases to exist, a relevant postmaster shall separately collect an amount equal to the charges for a given month, starting from the month in which remuneration payment resumes: Provided, That an employee may continue to pay charges every month during the period of his/her leave of absence if he/she wishes to do so. |
| (2) | Where an employee retires or dies while paying individual charges in accordance with paragraph (1), the latter part of Article 33-2 (1) shall apply mutatis mutandis to the settlement for payment. <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 56 (Collection of Unpaid Charges) |
When collecting unpaid charges or returning overpaid charges, the collection or return shall be made based on the amount of individual charges for the month of such collection or return. The same shall apply where a necessary adjustment is made for overpaid or unpaid charges in collecting charges or paying remuneration in the following month.
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 57 (Payment of State Charges) |
| (1) | The State shall reflect the State charges in Article 33 (5) of the Act in its budget, divide the State charges into four installment payments, and make a quarterly payment to the Pension Service Agency not later than January 31, April 30, July 31, and October 31. |
| (2) | The Pension Service Agency shall estimate the amount of State charges in consideration of all the factors that affect the calculation of cost, including the employee retirement rate, the rate of increase in remuneration, the rate of increase in the number of employees, and the like, and notify the Minister of Science and ICT thereof in advance. In such cases, the Pension Service Agency shall also inform the Minister of Science and ICT of the amount of surplus or deficit of a previous year. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Where the amount of the State charges in paragraph (1) is less than or more than the actual costs incurred in the corresponding year, the settlement of such difference shall be made by January 31 of the following year. |
| (4) | As for the amount of money for which settlement has not been made, as prescribed in paragraph (3), the settlement shall be made by adding interest. In such cases, the interest rate to be applied shall be the highest rate from among the interest rates on time deposits applied by national banks as of January 1 of each year, which shall then be calculated based on a compound interest for each fiscal year. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 58 (Appropriation of Cost Required to Pay Designee's Charges in Budget) |
| (1) | The State shall appropriate the amount required to pay designee's charges under Article 33 (4) of the Act in its budget every year. |
| (2) | The designee's charges appropriated in the budget pursuant to paragraph (1), shall be paid to a designee by the end of the first month of each quarter of a year by dividing one year into four quarters. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 59 (Periods of Military Service Recognized as Periods of Service) |
"Period of service prescribed by Presidential Decree" in Article 34 (3) of the Act means the following periods of military service: <Amended by Presidential Decree No. 24890, Dec. 4, 2013; Presidential Decree No. 27620, Nov. 29, 2016> | 1. | A period of service during which a person has been called up as a defense corpsman or full-time reserve service personnel and has performed service; |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 60 (Notification of Causes for Reducing Periods of Service) |
Where the president of a local Korea Post, a competent postmaster, or a relevant postmaster has rendered a disposition of leave of absence, release from position, or suspension from office, all of which constitute a reason for reducing a period of service under Article 34 (5) of the Act, he/she shall notify the Pension Service Agency of such fact without delay. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 60-2 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997> |
| Article 61 (Procedures for Adding up Periods of Service) |
| (1) | A person who intends to have his/her periods of service aggregated under Article 34-2 (1) of the Act, shall submit an application for aggregating periods of service to a relevant postmaster, specifying a period of service to be added up, the method for returning retirement benefits and interest (hereinafter referred to as "amount to be returned"), etc., as prescribed in Article 34-2 (2) of the Act: Provided, That where a retired employee is re-appointed as an employee without filing a claim for his/her retirement benefits, the submission of an application for aggregating periods of service may be replaced by indicating his/her intention to apply for the aggregation of periods of service on a report on employee appointment to be submitted by a relevant postmaster to the Pension Service Agency, as prescribed in Article 18 (4). |
| (2) | Upon receipt of the application referred to in paragraph (1), a relevant postmaster shall confirm and send such application to the Pension Service Agency within seven days. |
| (3) | Upon receipt of the application referred to in paragraph (2), the Pension Service Agency shall decide whether or not to approve the aggregation of periods of service after examining a period to be added up, an amount to be returned, and other necessary matters, and notify an applicant and a relevant postmaster of its decision. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 62 (Methods of Payment of Amounts to Be Returned) |
| (1) | An amount to be returned by a person who obtains approval of the aggregation of his/her periods of service under Article 34-2 (2) of the Act, shall be paid to the Pension Service Agency in the month immediately following the month in which the date of approval of the aggregation falls: Provided, That where an employee pays an amount of money to be returned in installments, the payment shall be made, to a relevant postmaster each month upon receipt of his/her remuneration, starting from the month immediately following the month in which the date of approval of the aggregation falls, or to the Pension Service Agency by the end of each corresponding month. |
| (2) | The payment of an amount to be returned in installments shall be made on a monthly basis, and the number of installments shall be determined by a person who obtains approval of the aggregation of periods of service, within the following limits: |
| 1. | A person whose aggregate period of service is less than five years: Up to 24 installment payments; |
| 2. | A person whose aggregate period of service is five years or more but less than ten years: Up to 48 installment payments; |
| 3. | A person whose aggregate period of service is ten years or more: Up to 60 installment payments. |
| (3) | Where a person whose periods of service have been aggregated retires or dies and if there is an unpaid balance, the Pension Service Agency may pay benefits after deducting an unpaid amount to be returned. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 63 (Calculation of Amounts to Be Returned) |
| (1) | When determining the amount of the money to be returned pursuant to the main sentence of Article 34-2 (2) of the Act, the period to be covered in the calculation of interest to be collected in addition to the benefits to be returned shall be the number of months, counting from the month immediately following the month when the payment of benefits is decided to the month in which the date the Pension Service Agency receives an application for aggregating the periods of service falls, and further, the amount of interest shall be added to the amount of benefits on an annual basis so that the amount of interest can be thereafter calculated based on such added amount: Provided, That in the case of the payment in installments prescribed in Article 34-2 (3) of the Act, the calculation period of interest to be added further shall be counted from the month immediately following the month in which the date of approval for the aggregation falls to the month when the payment in installments is completed, and the amount of one installment shall be the amount obtained by evenly dividing the principal by the number of installment payments. |
| (2) | The amount of interest prescribed in paragraph (1) shall be calculated by applying the highest interest rate among the interest rates on time deposits imposed by national banks as of January 1 of the corresponding year during the calculation period of interest. |
| (3) | Notwithstanding paragraph (2), the interest rate to be applied in the case of payment in installments under Article 34-2 (3) of the Act shall be the highest rate among the interest rates on time deposits imposed by national banks as of January 1 in a year when the period aggregation is approved, but if the difference in the interest rates is estimated at 2 percent or more between the interest rate during the payment in installments and the interest rate when the aggregation is approved, the amount to be returned shall be recalculated by applying the increased or decreased interest rate. The same shall apply where the interest rate goes up or down by two percent or more during the period of the payment in installments when compared with the changed interest rate. |
| (4) | The period to be covered in the calculation of overdue interest where an amount to be returned is not paid by the payment deadline prescribed in Article 62 (1), shall be the period of default (which shall be calculated on a daily basis), and the interest rate to be applied shall be the rate twice as high as the highest interest rate among the interest rates on time deposits with a maturity of one year imposed by national banks as of January 1 of each corresponding year during the calculation period of overdue interest rate. <Amended by Presidential Decree No. 26769, Dec. 30, 2015> |
| (5) | Where an amount to be returned is overpaid or erroneously paid in the case of payment in installments, the amount of the next installment shall adjusted accordingly. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 64 (Procedures for Including Periods of Military Service in Periods of Service before Appointment) |
| (1) | A person who intends to apply for the inclusion of a period of his/her military service in his/her period of service before appointment under Article 34-2 (5) of the Act, shall submit an application for the inclusion of a period of military service to a relevant postmaster. In this case, the relevant postmaster shall review the application, and submit it to the Pension Service Agency through the competent postmaster within seven days from its receipt. |
| (2) | Upon receipt of the application referred to in paragraph (1), the Pension Service Agency shall notify an applicant, a relevant postmaster, and a competent postmaster of whether or not to approve the inclusion of a period of military service. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
CHAPTER V REQUESTS FOR EXAMINATIONS
| Article 65 (Procedures for Requests for Examination) |
A person who intends to request an examination under Article 36 of the Act, shall submit a written application for examination specifying his/her objections to benefits, grounds for requesting the examination, etc. to the Pension Service Agency, along with evidentiary documents required for the examination. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 66 (Deliberation by Board of Directors for Examination of Benefits) |
| (1) | A meeting of the board of directors for examining benefits (hereafter referred to as "board of directors for examining benefits" in this Chapter) shall be convened by the oldest among the directors who are public officials of the Ministry of Science and ICT, who shall also serve as the chairperson of the meeting. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | A majority of the registered members of the board of directors shall constitute a quorum, and any decision thereof shall require the concurring votes of at least a majority of those present. |
| (3) | The president of the board of directors shall have no voting rights at the meeting of the board of directors prescribed in paragraphs (1) and (2). |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 67 (Supplementation of Written Requests) |
| (1) | Where the Pension Service Agency finds any defects in a written application for the examination referred to in Article 65, it may request that an applicant or the president of the board of directors supplement them within a given period of time. |
| (2) | If an applicant fails to supplement them by a given period of time prescribed in paragraph (1) without good cause and if it is not possible to conduct an examination of benefits based solely on the facts stated in the written application, the Pension Service Agency may dismiss an application. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 68 (Notification to Interested Persons) |
| (1) | Where there is a request for examination, as prescribed in Article 65, the Pension Service Agency shall notify employees related to the request and other interested persons of such request. In this case, those who receive such notification may state their opinions concerning the relevant case before the board of directors responsible for examining benefits. |
| (2) | If deemed necessary to examine benefits, the Pension Service Agency may request that an applicant and other interested persons file a report, state opinions, or attend meetings to ask questions. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 69 (Decisions on Examinations) |
| (1) | A decision on an examination shall be made in writing. |
| (2) | A written decision prescribed in paragraph (1) shall state main decisions as well as grounds for such decisions, and the president of the board of directors and directors who have participated in a meeting shall affix their signature or seal on the written decision of which a certified copy shall be sent to an applicant and other interested persons. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 70 (Effect of Decisions) |
The decisions made by the board of directors for examining benefits shall take effect from the day on which a certified copy of a written decision is delivered to an applicant.
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 71 (Compensation for Actual Expenses to Interested Persons) |
The Pension Service Agency shall compensate interested persons who attend a meeting of the board of directors for examining benefits for actual expenses.
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
CHAPTER VI SUPPLEMENTARY PROVISIONS
The Pension Service Agency shall decide formats required for the implementation of the provisions in Articles 3 through 5. [This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 73 (Delegation of Authority) |
| (1) | Pursuant to Article 36-2 of the Act, the Minister of Science and ICT shall delegate his/her authority over the following matters to the president of the Korea Post: <Amended by Presidential Decree No. 23348, Dec. 6, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26769, Dec. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 2. | Determination of the standards for paying fees and clerical expenses as well as the standards for providing goods under Article 13 of the Act; |
| 8. | Approval of business plans and budgets, and report on business performance and settlement of accounts under Article 21-2 of the Act; |
| 9. | Supervision of, report order to, and inspection of the Pension Service Agency under Article 22 of the Act; |
| 13. | Enactment of detailed standards for the designation of a special post office under Article 5 (2); |
| 14. | Notification of the amount of compensation under Article 14; |
| 15. | Receipt of a report on settlement of accounts and its supplementary statements of the Pension Service Agency under Article 23; |
| 16. | Approval of business plans and budgets of the Pension Service Agency under Article 24 (1); |
| 17. | Calculation and notification of the average standard monthly income of all employees under Article 34 (3); |
| 18. | Issuance of a written confirmation under Article 37 (2); |
| 19. | Appointment and commissioning of members of the Committee under Article 42-5 (2); |
| 20. | Approval for a write-off under Article 52 (2); |
| 21. | Receipt of the notification of an estimated amount under Article 57 (2). |
| (2) | The Minister of Science and ICT shall delegate his/her authority over the following matters to the president of a local Korea Post in accordance with Article 36-2 of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 2. | Receipt of the notification of cancellation of designation of a special post office as well as the cancelation of such designation under Article 3 (3) of the Act; |
| 8. | Determination of detailed standards under Article 5 (2); |
| 9. | Public notification of names, locations, and competent jurisdictions of special post offices under Article 6; |
| 10. | Receipt of application for succession to the designation of a special post office and follow-up actions under Article 8. |
[This Article Wholly Amended by Presidential Decree No. 22943, May 30, 2011]
| Article 74 (Management of Sensitive Information and Personally Identifiable Information) |
| (1) | Where it is inevitable for performing the following business affairs, the Minister of Science and ICT (including a person to whom the authority of the Minister of Science and ICT has been delegated) may manage data containing resident registration numbers in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 26769, Dec. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Business affairs concerning the confirmation of qualifications for a designee under Article 3-2 of the Act; |
| 2. | Business affairs concerning the confirmation of qualifications for postmasters under Article 5 of the Act; |
| 3. | Business affairs concerning the confirmation of the grounds for disqualification to employ employees under Article 8 of the Act; |
| 4. | Business affairs concerning the confirmation of the grounds for disqualification of executive officers of the Pension Service Agency under Article 16-4 of the Act. |
| (2) | When it is inevitable for performing the following business affairs, the Pension Service Agency may manage information on health in the main sentence of Article 23 of the Personal Information Protection Act, information constituting criminal records in subparagraph 2 of Article 18 of the Enforcement Decree of the aforesaid Act, and data containing resident registration numbers, passport numbers, or alien registration numbers referred to in subparagraph 1, 2, or 4 of Article 19 of the aforesaid Decree: <Newly Inserted by Presidential Decree No. 26769, Dec. 30, 2015> |
| 1. | Business affairs concerning loans to employees or qualified recipients of pensions referred to in subparagraph 2 of Article 20 of the Act; |
| 2. | Business affairs concerning the promotion of welfare of employees referred to in subparagraph 4 of Article 20 of the Act; |
| 3. | Business affairs concerning the payment, restriction, suspension, adjustment, and recovery of long-term or short-term benefits referred to in Article 24 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1982.
Article 2 (Standards for Calculation of Amounts of Retirement Benefit Subsidies under Article 3 of Addenda to the Act)
Where the State subsidizes retirement benefits as prescribed in Article 3 of the Addenda to the Act, an amount calculated pursuant to the following classifications shall be paid as a retirement benefit subsidy:
| 1. | A person whose period of service is five years or longer: Average daily pay at the time of his/her retirement x 30 x number of years in office; |
| 2. | A person whose period of service is less than five years: Average daily pay at the time of his/her retirement x 30 x 55/1,000 x number of months in office x 110/100. |
Article 3 (Application Procedures for Subsidization of Retirement Benefits under Article 3 of Addenda to the Act)
| (1) | Where there exists a subsidy by the State as prescribed in Article 3 of the Addenda to the Act, a person who intends to receive retirement benefits paid by such subsidy shall submit a written application for retirement benefits with the documents prescribed by the Minister of Communications attached thereto to the postmaster of the special post office where the person belonged at the time of his/her retirement. |
| (2) | Upon receipt of a written application for retirement benefits referred to in paragraph (1), the postmaster shall review and confirm the submitted application, calculate the amount of retirement benefits to be paid, and request that the Minister of Communications subsidize an amount equivalent to the total amount requested for quarterly retirement benefits by the end of February, May, August and November respectively by dividing a fiscal year into four quarters. |
| (3) | Upon receipt of a request for subsidization as prescribed in paragraph (2), the Minister of Communications shall pay a subsidy on a quarterly basis to the postmaster who has made such request, within the limit of his/her support budget for a relevant year. |
| (4) | Where the support budget for a relevant year falls short of the total amount of retirement benefit subsidies to be paid from such support budget, the Minister of Communications may pay subsidies for retirement benefits based on the order of priority of the applicants in terms of their dates of retirement. |
| (5) | The application for retirement benefits as prescribed in paragraph (1) shall be made within three years from the date of retirement, but in the case of a person for whom the expiry date of an application period arrives within six months from the enforcement date of this Decree, the application may be made by December 31, 1982. |
Article 4 (Deferment of Subsidization of Retirement Benefits Prescribed in Article 3 of Addenda to the Act)
| (1) | As for those who retire during a period beginning on the date of promulgation of the Act and ending on the date before the enforcement date of the Act, the State shall defer the subsidization of retirement benefits prescribed in Article 3 of the Addenda to the Act until December 31, 1983. |
| (2) | As for those who retire during a period beginning on the date of promulgation of the Act and ending on the date before the enforcement date of the Act and are reappointed as employees during the deferment period referred to in paragraph (1), the State shall not subsidize their retirement benefit as prescribed in Article 3 of the Addenda to the Act. In this case, with respect to the period of service before the retirement, only those who retroactively pay individual charges in the same amount as the individual charges for a relevant month, starting from the day of reappointment, shall be deemed to have been appointed retroactively by as much as a time period of retroactive payment. |
ADDENDUM <Presidential Decree No. 11754, Aug. 29, 1985>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 13662, Jun. 11, 1992>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42 shall take effect on April 15, 1992.
Article 2 (Transitional Measures concerning Qualification Requirements for Applicants for Designation of Special Post Offices and Postmasters)
Notwithstanding the amended provisions of Articles 7 and 8-2, the previous provisions shall apply to those who have already acquired the designation of a special post office, those who are in the process of applying for the designation of a special post office, and those who are holding a post as a postmaster at the time this Decree enters into force.
Article 3 (Transitional Measures concerning Occurrence of Reasons for Benefits)
The amended provisions of this Decree shall apply to the benefits for those for whom grounds for benefits arise after April 15, 1992.
Article 4 (Transitional Measures concerning Inclusion of Periods of Military Service in Periods of Service)
Those who intend to have their period of military service included in their period of service under Article 34 (6) of the Act among the incumbent employees at the time this Decree enters into force shall submit an application for the confirmation of retroactive recognition of their period of service to the Federation by December 31, 1992, and obtain the confirmation thereof.
ADDENDUM <Presidential Decree No. 14011, Dec. 1, 1993>
This Decree shall enter into force on December 1, 1993.
ADDENDUM <Presidential Decree No. 15234, Dec. 31, 1996>
This Decree shall enter into force on January 1, 1997.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 16048, Dec. 31, 1998>
This Decree shall enter into force on January 1, 1999: Provided, That the amended provisions of Article 44-3 shall take effect on January 1, 2000.
ADDENDA <Presidential Decree No. 17475, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2002.
Article 2 (General Transitional Measures concerning Occurrence of Reasons for Benefits)
The previous provisions shall apply to the benefits for those for whom grounds for benefits arise before this Decree enters into force.
Article 3 (Transitional Measures concerning Conversion of Amounts of Monthly Remuneration to Present Values)
Where the amount of monthly remuneration for a period of service or a period of military service which is aggregated pursuant to Article 34 (2) of the Act on and after January 1, 2002, is converted into its present value under Article 25 (4) of the Act and the amended provisions of Article 42-2 of this Decree, notwithstanding the amended provisions of Article 42-2, the average rate of increase in remuneration to be applied to a period of service or a period of military service before the enforcement of this Decree shall be six percent each year.
Article 4 (Transitional Measures concerning Methods for Paying Aggregated Amount to Be Returned)
| (1) | Notwithstanding the amended provisions of Article 40 (2), the previous provisions shall apply to the method for paying aggregated amount to be returned by an employee who has his/her periods of service aggregated under Article 34 (2) of the Act before this Decree enters into force. |
| (2) | As for a person who is making the payment in installments pursuant to Article 40 (2) after having his/her periods of service aggregated before the enforcement date of this Decree, the amended provisions of Article 41 (3) shall apply to the interest rate to be imposed on the amount of money to be paid in installments after this Decree enters into force. In such case, the amount of interest shall be calculated again by deeming the highest interest rate among the interest rates on time deposits applied by national banks as of January 1 of the year to which the enforcement date of this Decree belongs to be the interest rate as of the year in which the period aggregation is approved under the amended provisions. |
Article 5 (Transitional Measures concerning Recovery of Benefits)
| (1) | Notwithstanding the amended provisions of Article 45-2, the previous provisions shall apply to the period to be covered in the calculation of the interest to be added to the amount of benefits for which a disposition of recovery is issued under Article 30 (1) of the Act before this Decree enters into force as well as the overdue interest to be added to the recovery amount. |
| (2) | Notwithstanding the amended provisions of Article 45-2 (4), the previous provision of Article 44-10 (2) shall apply to the recovery of the amount of benefits for which a disposition of recovery is issued under Article 30 (1) 2 and 3 of the Act before this Decree enters into force. |
Article 6 (Transitional Measures concerning Calculation of Amounts of Benefits)
In calculating the amount of benefits of a person who retires or dies within one year after he/she is promoted or reappointed (referring to cases in which a retired employee, public official, serviceman, or teacher or staff member of a private school is appointed as an employee and whose period of service or period of military service is aggregated, as prescribed in Article 34 (2) of the Act; hereafter the same shall apply in this Article) before December 31, 2001, under Article 7 of the Addenda to the Special Post Offices Act amended by Act No. 6528, the amount obtained by multiplying the amount of monthly remuneration before the promotion or reappointment by the average rate of increase in remuneration for public officials pursuant to the amended provisions of Article 42-2 shall be deemed to be the amount of monthly remuneration before such promotion or reappointment, and the provisions of the same Article shall apply. Article 7 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18879, Jun. 23, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2005. |
| (2) | (Transitional Measures concerning Standards for Recognition of Bereaved Family and Calculation of Retirement Benefits) Notwithstanding the amended provisions of Articles 42-4 (1) and 43-7 and attached Tables, the previous provisions shall apply to those for whom reasons for benefits arise before this Decree enters into force. |
ADDENDA <Presidential Decree No. 19294, Jan. 26, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Enforcement Date of Amended Provisions of Article 27-2 of the Act) In accordance with the proviso to Article 1 of the Addenda to the Special Post Offices Act (Act No. 6528), the amended provisions of Article 27-2 of the same Act shall enter into force on the enforcement date of this Decree. |
| (3) | (Applicability to Suspension of Pension Payment) The amended provisions of Article 44-3 shall begin to apply to the income of the year to which the enforcement date of this Decree belongs. |
| (4) | (Transitional Measures concerning Overdue Interest Rates in Case of Unpaid Amount of Money to Be Returned) Where a person who has his/her periods of service aggregated pursuant to Article 34 (2) of the Act before this Decree enters into force fails to pay an amount to be returned by the payment deadline prescribed in Article 40 (1), the previous provision of Article 41 (4) shall apply to the calculation of overdue interest for a period of default ending on the date before the enforcement date of this Decree and the amended provisions of Article 41 (4) shall apply to the calculation of overdue interest for a period of default beginning on the enforcement date of this Decree. |
ADDENDA <Presidential Decree No. 20331, Oct. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October. 28, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 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. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21867, Dec. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2009. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 21952, Dec. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22235, Jun. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
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. 22940, May 30, 2011>
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. 22943, May 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2011: Provided, That the amended provisions of Article 44 shall enter into force on January 1, 2009.
Article 2 (Applicability to Application for Change of Retirement Benefits or Bereaved Family Benefits)
The amended provisions of Article 37 (4) shall apply, starting with the first person who receives benefits after the Decree enters into force.
Article 3 (Applicability to Change of Number of Installments in Case of Payment of Recovery Amount in Installments)
| (1) | The amended provisions of the proviso to Article 50 (4) shall apply, starting with the first person who obtains approval for the payment of recovery amount in installments after this Decree enters into force. |
| (2) | The amended provisions of the proviso to Article 50 (5) shall apply, beginning with the remaining amount of recovery yet to be paid by a person who has recovery amount payable at the time this Decree enters into force. |
Article 4 (Applicability to Payment of Charges by Those Taking Leave of Absence for Military Service)
The amended provisions of Article 55 (1) shall also apply to those who are on a leave of absence at the time this Decree enters into force.
Article 5 (Applicability to Periods of Military Service Recognized as Periods of Service)
The amended provisions of subparagraph 2 of Article 59 shall begin to apply to the first person who is appointed after this Decree enters into force.
Article 6 (Exceptions to Amounts of Standard Monthly Income of Newly Hired Employees)
Where it is not possible to calculate a standard monthly income pursuant to the amended provisions of attached Table 1 due to new employment, reinstatement, leave of absence, etc. which takes place on and after January 2, 2010, an amount equivalent to the average standard monthly income for comparable employees who are in the same or similar conditions in terms of employee type, grade and salary class as of the date before the enforcement date of this Decree shall be deemed the amount of standard monthly income.
Article 7 (Exceptions to Notification of Average Amounts of Standard Monthly Income of All Employees)
Notwithstanding the amended provisions of Article 34 (2), the Minister of Knowledge Economy shall notify a postmaster of the average amount of standard monthly income for all employees for the year 2011 prescribed in Article 25 (2) of the Act within ten days from the enforcement date of this Decree.
Article 8 (Exceptions to Notification of Amounts of Standard Monthly Income of Individual Employees)
Notwithstanding the amended provisions of Article 53 (3), the Pension Service Agency shall notify the amounts of standard monthly income and charges for individual employees for the year 2011 to a postmaster or a person separately designated under Article 17 (2) within ten days from the enforcement date of this Decree.
Article 9 (Exceptions to Application of Amounts of Standard Monthly Income)
The rates applicable to the standard monthly income for calculating the benefits under Article 2 of the Addenda to the Act (which shall be limited to pension benefits but include the linked retirement pensions under the Act on Aggregation of National Pension and Occupational Pensions) shall be as specified in attached Table 3: Provided, That the rate applicable to the period of service of 33 years shall apply to a person who retires after he/she has been in service for more than 33 years. <Amended by Presidential Decree No. 26769, Dec. 30, 2015> Article 10 (Methods for Calculation of Amounts of Monthly Remuneration or Average Amounts of Monthly Remuneration for Periods of Service before Enforcement Date of this Decree)
| (1) | The following formula shall be applied for the conversion of an amount of monthly remuneration or an average amount of monthly remuneration into its present value as of the time to which the date a ground for benefits arises belongs, as prescribed in the main sentence of Article 8 (5) 1 of the Addenda to the Act: |
(Amount of monthly remuneration or average amount of monthly remuneration on the date before the enforcement date of this Decree) x [(a standard monthly income as of the date a ground for benefits arises) ÷ (a standard monthly income as of the date before the enforcement date of this Decree)].
| (2) | In the case of a person who is appointed as an employee after this Decree enters into force and whose period of service or period of military service before the enforcement date of this Decree (hereinafter referred to as "previous period") is aggregated, the following formula shall be applied for the calculation of a monthly remuneration or an average monthly remuneration for the corresponding period prescribed in Article 8 (5) 1 of the Addenda to the Act: |
[Amount of monthly remuneration or average amount of monthly remuneration at the time of previous retirement converted into the present value as of the appointment as an employee calculated by applying the rate of remuneration increase of public officials] x [(a standard monthly income as of the date on which a ground for benefits arises) ÷ (a standard monthly income as of the appointment as an employee)].
| (3) | Notwithstanding paragraphs (1) and (2), if a monthly remuneration or an average monthly remuneration calculated pursuant to paragraph (1) or (2) is less than the amount obtained by converting a monthly remuneration or an average monthly remuneration as of the date (referring to the date of previous retirement in the case of paragraph (2)) before the enforcement date of this Decree into its present value as of the date on which a ground for benefits arises by applying the rate of remuneration increase of public officials, the latter which is a larger amount shall be deemed to be the monthly remuneration or the average monthly remuneration for a previous period. |
| (4) | In converting a monthly remuneration of a previous period into its present value as of the time to which the date on which a ground for benefits arises belongs pursuant to paragraphs (1) and (2), if reasons for long-term benefits (excluding retirement pension, early retirement pension, and pension for the bereaved family) occur before determining and applying a standard monthly income in the following year after the monthly remuneration increases due to promotion, transfer to any other office, change of a position, etc., an amount prescribed in Article 3-3 (2) 2 of the Enforcement Decree of the Public Officials Pension Act shall be deemed to be the standard monthly income of the date on which a ground for benefits arises. |
Article 11 (Transitional Measures concerning Calculation of Retirement Benefits)
Notwithstanding the amended provisions of Article 36, the previous provisions shall apply to those who have their period of services aggregated pursuant to the former provisions or those who have their periods of service aggregated under Article 6 (1) of the Addenda to the Act at the time this Decree enters into force.
Article 12 (Transitional Measures concerning Overdue Interest Rates in Case of Unpaid Recovery Amount)
In calculating overdue interest for unpaid recovery amount which exists at the time this Decree enters into force, the previous provision of Article 45-2 (1) 3 shall apply to the calculation of overdue interest for a period of default ending on the enforcement date of this Decree and the amended provisions of Article 50 (1) 3 shall apply to the calculation of overdue interest for a period of default after the enforcement date of this Decree.
Article 13 Omitted.
ADDENDUM <Presidential Decree No. 23348, Dec. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
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. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 24890, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25104, Jan. 17, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2014. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 26769, Dec. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 (Applicability to Period for Calculation of Overdue Interest on Default of Payment of Amount to be Returned)
The amended provisions of Article 63 (4) shall also apply to the period of default of an amount to be returned but not paid by the payment deadline prescribed in Article 62 (1) as at the time this Decree enters into force.
Article 3 (Special Cases concerning Calculation of Amount of Pension)
For the purpose of calculating the amount of benefits payable for the period of service after this Decree enters into force, the previous provisions shall apply if the amount of a retirement pension calculated in accordance with the amended provision of Article 25-2 (4) of the Special Post Offices Act (Act No. 13562) and Article 9 of the Addenda thereto is greater than the amount calculated in accordance with the previous provisions. Article 4 (Special Cases concerning Calculation of Amount of Pension by Including Period of Military Service in Period of Service)
Where the period of military service performed before a person was employed is included in his period of service under Article 34 (3) of the Act during the years specified in Article 9 (1) of the Addenda to the Special Post Offices Act (Act No. 13562), the amount of the retirement pension for the period of military service shall be determined by multiplying the average standard monthly income by the rate applicable to the years in which the period of military service is included.
ADDENDA <Presidential Decree No. 27620, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDA <Presidential Decree No. 29181, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 25 Omitted.