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PUBLIC OFFICIALS' ACCIDENT COMPENSATION ACT

Act No. 15522, Mar. 20, 2018

Amended by Act No. 15554, Apr. 17, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to create an environment that enables public officials to concentrate on their duties, and to contribute to improving the welfare of public officials and their survivors, by providing appropriate compensation for any injury, disease, disability or death of public officials incurred in the line of duty, supporting the rehabilitation of public officials suffering accidents in the line of duty and their return to duties, and implementing projects for prevention of accidents while on duty.
 Article 2 (Administration)
The Minister of Personnel Management shall administer matters concerning the operation of the public officials’ accident compensation system under this Act.
 Article 3 (Definitions)
(1) The definitions of the terms used in this Act are as follows:
1. The term “public official” means any of the following persons who engage in the public service:
(a) A public official under the State Public Officials Act, the Local Public Officials Act or other Acts: Provided, That military personnel and public officials elected to office shall be excluded herefrom;
(b) Other persons prescribed by Presidential Decree from among employees working in State agencies or local governments;
2. The term “person who died in the course of performing official duties” means a person other than the persons referred to in subparagraph 1 who is deemed by the Minister of Personnel Management to satisfy all of the following requirements at the time of his or her death (where he or she dies of an injury or disease, referring to the time of the occurrence of the injury or disease) after deliberation by the Public Officials’ Accident Compensation Deliberative Committee under Article 6: Provided, That military personnel and public officials elected to office shall be excluded herefrom:
(a) The person shall perform affairs of the State or a local government;
(b) The State or a local government shall, directly or indirectly, have the authority to manage and supervise duties of the person;
(c) The State or a local government shall directly pay remuneration, allowances, etc. to the person according to any statute, regulation, contract, etc. or indirectly make such payment to the person, as prescribed by Presidential Decree;
(d) Accident compensation under the Industrial Accident Compensation Insurance Act, other statutes or regulations (hereinafter referred to as the “Industrial Accident Compensation Insurance Act, etc.”) shall be applicable to the person;
3. The term “public official who died in the line of duty” means any of the following public officials:
(a) A public official who died in the line of duty while holding office;
(b) A public official who died of an injury or disease incurred in the line of duty while holding office;
(c) A public official who died of an injury or disease under item (b) after his or her retirement;
4. The term “public official who died in the line of duty while under danger” means a public official who suffered an accident while performing official duties at grave risk to his or her life and body and died as a direct result of the accident;
5. The term “survivor” means any of the following persons who has been supported by a present or former public official at the time of his or her death:
(a) A spouse (limited to a person who is in a conjugal relationship during his or her service and including a person who has a de facto conjugal relationship; hereinafter the same shall apply);
(b) A child (excluding a child born or adopted after the retirement date, but an embryo or fetus at the time of retirement shall be deemed a child born during his or her service; hereinafter the same shall apply);
(c) A parent (excluding a parent in cases of adoption after the retirement date; hereinafter the same shall apply);
(d) A grandchild (excluding a grandchild born or adopted after the retirement date, but an embryo or fetus at the time of retirement shall be deemed a grandchild born during his or her service; hereinafter the same shall apply);
(e) A grandparent (excluding a grandparent in cases of adoption after the retirement date; hereinafter the same shall apply);
6. The term “cure” means any of the following cases:
(a) Reaching a state in which an injury or disease has been completely cured;
(b) Reaching a state in which no further effects of treatment are expected with the relevant symptoms remaining unchanged;
7. The term “disability” means a state in which an injury or disease has been cured, but the ability to work has been lost or diminished due to mental or physical injury;
8. The term “retirement” means dismissal, resignation, or removal from office for reasons other than death: Provided, That this shall not apply where a person regains his or her position as public official on the date on which his or her position as public official expires or on the following day and has not received retirement benefits and retirement allowances under the Public Officials Pension Act.
(2) A child or grandchild under paragraph (1) 5 shall be limited to any of the following persons. In such cases, a grandchild shall be limited to where he or she does not have his or her father or where his or her father is in a state of disability prescribed by Presidential Decree:
1. A person who is under 19 years of age;
2. A person who is 19 years of age or older and is in a state of disability prescribed by Presidential Decree.
(3) An embryo or fetus of a present or former public official at the time of his or her death shall be deemed already born in paying benefits under this Act.
 Article 4 (Standards for Recognition of Accidents in Line of Duty)
(1) Where a public official suffers an injury or disease falling under any of the following or he or she sustains a disability or dies due to such injury or disease, it shall be deemed an accident in the line of duty: Provided, That where there is no proximate causal relation between his or her official duties and the accident, the incident shall not be deemed an accident in the line of duty:
1. Injury in the line of duty: An injury caused by any of the following accidents (hereinafter referred to as “accident in the line of duty”):
(a) An accident that occurs while he or she performs official duties or other acts incidental thereto;
(b) An accident that occurs while he or she commutes to or from work using common routes and methods;
(c) Other accidents that occur in relation to the performance of his or her official duties;
2. Disease in the line of duty: Any of the following diseases:
(a) A disease caused by a physical, chemical or biological agent in the process of performing his or her official duties;
(b) A disease caused by work imposing a physical or psychological burden on him or her in the process of performing his or her official duties;
(c) A disease caused by an injury in the line of duty;
(d) Other diseases caused in relation to the performance of his or her official duties.
(2) Where a public official suffers an injury, disease or disability or dies due to his or her self-inflicted harm, it shall not be deemed an accident in the line of duty: Provided, That if the act of self-inflicted harm is committed in the state of a marked decline in his or her normal cognitive function, etc. for reasons related to his or her official duties as prescribed by Presidential Decree, it shall be deemed an accident in the line of duty.
(3) Where a public official who is receiving medical care due to an accident in the line of duty needs medical care as a result of the detection of an additional injury or disease caused by the accident in the line of duty, the additionally detected injury or disease shall be deemed an accident in the line of duty.
(4) Where a complication arises mainly as a result of an injury or disease in the line of duty in the process of treatment thereof, it shall be deemed a disease in the line of duty: Provided, That where a complication arises or worsens naturally due to an underlying disease or physical constitution, it shall not be deemed a disease in the line of duty.
(5) In making a decision on a disease in the line of duty, the characteristics of duties, gender, age, physical constitution, usual health conditions, existence of existing diseases, sick leave, leave of absence, retirement, etc. of a present or former public official shall be taken into consideration.
(6) The detailed standards for recognition of accidents in the line of duty shall be prescribed by Presidential Decree.
 Article 5 (Accidents Satisfying Requirements for Public Officials Who Died in Line of Duty While Under Danger)
An accident satisfying the requirements for public officials who died in the line of duty while under danger means any of the following accidents:
1. An accident suffered by a police official in performing the following duties:
(a) Apprehending an offender or suspect;
(b) Performing guard duties, providing security escorts for important persons, and conducting counter-espionage and counter-terrorism operations under subparagraph 3 of Article 2 of the Act on the Performance of Duties by Police Officers;
(c) Controlling traffic and preventing traffic injuries under subparagraph 5 of Article 2 of the Act on the Performance of Duties by Police Officers;
(d) Mobilizing to the scene to handle an emergency report, conducting patrol activities for the prevention of crimes, rescue of human lives, protection of property, etc., and preventing the spread of marine pollution;
2. An accident suffered by a fire official in performing the following duties:
(a) Extinguishing fires, conducting life-saving and first-aid operations, or providing support therefor at the scene of a disaster or accident (including emergency mobilization and return for the performance of the said duties and activities incidental thereto);
(b) Conducting life safety activities for the elimination of any danger;
3. An accident suffered by an employee of the Presidential Security Service in performing security work under the Presidential Security Act;
4. An accident suffered by an employee of the National Intelligence Service Korea in performing the following duties:
(b) Apprehending a spy and conducting counter-espionage activities;
(c) Collecting security intelligence such as counter-terrorism and international crime syndicate in a conflict area, etc.;
5. An accident suffered by a corrections officer in performing surveillance work under the Administration and Treatment of Correctional Institution Inmates Act;
6. An accident suffered by a pilot of a forest aircraft and a worker accompanying him or her in preventing and extinguishing forest fires at the scene, conducting preventive observations of forest diseases and pests and taking control measures against such diseases and pests, rescuing people, and performing salvage activities at the scene of a disaster or accident (including emergency mobilization and return for the performance of the said duties and activities incidental thereto);
7. An accident suffered by a fisheries supervising official under Article 72 of the Fisheries Act in boarding a fisheries supervision vessel or patrol boat and supervising or controlling illegal fishing (including emergency mobilization and return for the performance of the said duties and activities incidental thereto);
8. An accident suffered by a judicial police officer under Article 196 of the Criminal Procedure Act or a judicial police officer under Articles 3 through 5 of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties in investigating and controlling a crime or apprehending an offender or suspect;
9. An accident suffered by a public official in performing the following activities:
(a) Rescuing people, extinguishing fires, defending against floods, or conducting salvage operations after being placed at the scene of a disaster or accident pursuant to the Framework Act on the Management of Disasters and Safety (including emergency mobilization and return for the performance of the said duties and activities incidental thereto);
(b) Curing a patient with an infectious disease or preventing the spread of an infectious disease under the Infectious Disease Control and Prevention Act;
(c) Extinguishing forest fires under the Forest Protection Act;
(d) Protecting citizens of the Republic of Korea or coping with accidents involving them when an act of God, war, combat, riot, kidnap, terrorism, infectious disease, or any other perilous circumstance occurs in a foreign country;
(e) Treating chemical substances requiring preparation for accidents under subparagraph 6 of Article 2 of the Chemicals Substances Control Act or hazardous chemical substances under subparagraph 7 of the same Article;
10. An accident suffered by a public official due to a retaliatory crime or terrorism, etc. in relation to the performance of official duties under subparagraphs 1 through 9, or an accident suffered by him or her during practice or practical skill training;
11. Other accidents suffered in performing a dangerous duty which is deemed by the Public Officials’ Accident Compensation Deliberative Committee under Article 6 equivalent to an accident referred to in subparagraphs 1 through 10.
<<Enforcement Date: Mar. 20, 2018>> Article 5 (Limited to the details concerning the requirements for public officials who died in the line of duty while under danger)
 Article 6 (Public Officials’ Accident Compensation Deliberative Committee)
The Public Officials’ Accident Compensation Deliberative Committee (hereinafter referred to as the “Deliberative Committee”) shall be established under the Ministry of Personnel Management to deliberate on the following:
1. Matters concerning the public officials’ accident compensation system;
2. Matters concerning the recognition of persons who died in the course of performing official duties;
3. Matters concerning the determination of the following benefits:
(a) Medical care benefits under Article 22;
(b) Disability pension or lump sum payment for disability under Article 28;
(c) Survivors’ pension for a public official who died in the line of duty under Article 36, and survivors’ compensation for a public official who died in the line of duty under Article 37;
(d) Survivors’ pension for a public official who died in the line of duty while under danger under Article 38, and survivors’ compensation for a public official who died in the line of duty while under danger under Article 39;
4. Matters concerning a claim for damages against a third party under the proviso to Article 21 (1);
5. Matters concerning additional medical care under Article 23;
6. Matters that are required by other statutes and regulations to undergo deliberation by the Deliberative Committee;
7. Other matters prescribed by Presidential Decree in relation to the operation of the public officials’ accident compensation system.
 Article 7 (Composition of the Deliberative Committee)
(1) The Deliberative Committee shall be composed of not more than 100 members, including one Chairperson.
(2) The Chairperson of the Deliberative Committee shall be appointed or commissioned by the Minister of Personnel Management from among the Committee members.
(3) Ex officio members of the Deliberative Committee shall be public officials of at least Grade IV or equivalent thereto who belong to the Ministry of Economy and Finance, the Ministry of the Interior and Safety, the Ministry of Employment and Labor, the Ministry of Patriots and Veterans Affairs, and the Ministry of Personnel Management, appointed by the heads of the relevant agencies from among public officials in charge of affairs relating to accident compensation, pension, welfare or service, and the Committee members who are not ex officio members shall be appointed or commissioned by the Minister of Personnel Management from among the following persons:
1. Executive officers and employees of the Government Employees Pension Service (hereinafter referred to as the “GEPS”) under the Public Officials Pension Act, who are recommended by the head of the said agency;
2. Persons who are or were in office as public officials of at least Grade IV or equivalent thereto from among those who engage or engaged in affairs relating to personnel administration or social security, such as accident compensation, pension, welfare, and service;
3. Persons who are or were in office as a judge, prosecutor or attorney-at-law;
4. Medical personnel under Article 2 of the Medical Service Act;
5. Other persons who have much knowledge and experience in the fields of personnel administration and social security, such as accident compensation, pension, welfare, and service.
(4) Each member shall hold office for a term of three years and may be appointed consecutively for further terms, as prescribed by Presidential Decree: Provided, That ex officio members and members under paragraph (3) 1 shall hold office while remaining in such post.
(5) Meetings of the Deliberative Committee shall be composed of at least 11 and not more than 15 members, including the Chairperson and members designated by the Chairperson at each meeting.
(6) The Deliberative Committee may take the following measures where necessary for deliberation:
1. Requesting a claimant for benefits or a person designated by the claimant, relevant public officials, and other interested persons, etc. to attend a meeting of the Deliberative Committee and hearing their opinions;
2. Requesting relevant public officials or other persons, institutions, etc. related to benefits to submit materials.
(7) Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of the Deliberative Committee shall be prescribed by Presidential Decree.
CHAPTER II BENEFITS
SECTION 1 Common Provisions
 Article 8 (Benefits)
Benefits under this Act shall be as follows:
1. Medical care benefits;
2. Rehabilitation benefits:
(a) Rehabilitation exercise costs;
(b) Psychological counseling costs;
3. Disability benefits:
(a) Disability pension;
(b) Lump sum payment for disability;
4. Nursing benefits;
5. Accident benefits for survivors:
(a) Survivors’ disability pension;
(b) Survivors’ benefits for a public official who died in the line of duty:
(i) Survivors’ pension for a public official who died in the line of duty;
(ii) Survivors’ compensation for a public official who died in the line of duty;
(c) Survivors’ benefits for a public official who died in the line of duty while under danger;
(i) Survivors’ pension for a public official who died in the line of duty while under danger;
(ii) Survivors’ compensation for a public official who died in the line of duty while under danger;
6. Relief benefits:
(a) Disaster relief money;
(b) Death condolence money.
 Article 9 (Claim for and Determination of Benefits)
(1) A person who intends to receive benefits under Article 8 shall file a claim for benefits with the Minister of Personnel Management.
(2) In claiming the following benefits (with respect to medical care benefits under subparagraph 1 for the same injury or disease, limited to cases of claiming such benefits for the first time), such claim shall be filed after obtaining confirmation from the head of the agency to which the relevant public official belongs or belonged (referring to the head of an agency under Article 3 (1) 6 of the Public Officials Pension Act; hereinafter the same shall apply): Provided, That with respect to benefits prescribed by Presidential Decree, the Minister of Personnel Management may receive a claim from a person entitled to receive benefits, and then obtain confirmation from the head of the relevant agency in person on behalf of the claimant:
1. Medical care benefits under subparagraph 1 of Article 8;
2. Disability benefits under subparagraph 3 of Article 8;
3. Survivors’ benefits for a public official who died in the line of duty under subparagraph 5 (b) of Article 8;
4. Survivors’ benefits for a public official who died in the line of duty while under danger under subparagraph 5 (c) of Article 8.
(3) Upon receipt of a claim for benefits under paragraph (1), the Minister of Personnel Management shall determine and pay benefits after verifying the requirements for benefits. In such cases, he or she shall undergo deliberation by the Deliberative Committee when determining benefits under the subparagraphs of paragraph (2).
(4) Notwithstanding the provisions of paragraphs (1) through (3), a claim for disaster relief money or death condolence money for a public official of a local government shall be filed with the head of the relevant local government, and such money shall be paid by the local government according to the determination of the head thereof.
(5) Except as provided in paragraphs (1) through (4), a claim for benefits, the method and procedure for determining and paying benefits, and other necessary matters shall be prescribed by Presidential Decree.
 Article 10 (Basis for Calculating Amount of Benefits)
(1) The following benefits shall be calculated based on the amount of standard monthly income under Article 3 (1) 4 of the Public Officials Pension Act (hereinafter referred to as “amount of standard monthly income”) in the month in which the date on which grounds for paying benefits to the relevant public official arise falls:
1. Disability benefits under subparagraph 3 of Article 8;
2. Survivors’ disability pension under subparagraph 5 (a) of Article 8;
3. Survivors’ pension for a public official who died in the line of duty under subparagraph 5 (b) (i) of Article 8;
4. Survivors’ pension for a public official who died in the line of duty while under danger under subparagraph 5 (c) (i) of Article 8;
5. Death condolence money under subparagraph 6 (b) of Article 8 and Article 43 (2).
(2) Notwithstanding paragraph (1), in cases of benefits under subparagraphs 3 through 5 of the same paragraph, if the amount of standard monthly income of the relevant public official exceeds 160 percent (hereinafter referred to as “maximum standard amount of compensation”) or falls short of 50 percent (hereinafter referred to as “minimum standard amount of compensation”) of the average amount of standard monthly income of all public officials under Article 30 (3) of the Public Officials Pension Act (hereinafter referred to as “average amount of standard monthly income of all public officials”) in the month in which the date on which grounds for benefits arise falls, the maximum standard amount of compensation or the minimum standard amount of compensation shall each be deemed the amount of standard monthly income of the relevant public official.
(3) The following benefits shall be calculated based on the average amount of standard monthly income of all public officials:
1. Survivors’ compensation for a public official who died in the line of duty under subparagraph 5 (b) (ii) of Article 8;
2. Survivors’ compensation for a public official who died in the line of duty while under danger under subparagraph 5 (c) (ii) of Article 8;
3. Disaster relief money under subparagraph 6 (a) of Article 8;
4. Death condolence money under subparagraph 6 (b) of Article 8 and Article 43 (1).
<<Enforcement Date: Mar. 20, 2018>> Article 10 (2) (Limited to cases of calculating the amount of benefits of a survivors’ pension for a public official who died in the line of duty and a survivors’ pension for a public official who died in the line of duty while under danger)
 Article 11 (Order of Priority of Survivors)
(1) The order of priority of survivors who are to receive benefits shall be based on the order of priority of succession under the Civil Act.
(2) When at least two survivors are in the same order of priority among survivors, benefits shall be divided equally and paid to each of them, and the method of payment shall be prescribed by Presidential Decree.
 Article 12 (Special Cases concerning Recipients of Benefits)
(1) Where a present or former public official dies, in which case no survivor to receive benefits exists, the amount of money not exceeding the limit prescribed by Presidential Decree shall be paid to his or her lineal ascendant or descendant who is not his or her survivor, and where no lineal ascendant or descendant exists, the money may be used for the present or former public official.
(2) Where there exist at least two lineal ascendants or descendants who are not survivors under paragraph (1), Article 11 shall apply mutatis mutandis to the payment of the relevant benefits.
 Article 13 (Period and Timing for Payment of Pension)
(1) Benefits as a pension shall be paid for the period from the month following the month in which the date on which grounds for such benefits (including grounds for amending the rating of a disability pension under Article 30) arise falls to the month in which the date on which such grounds cease to exist falls.
(2) When any ground for suspending the payment of benefits which are a pension arises, the payment of benefits shall be suspended for the period from the month following the month in which the date on which such ground arises falls to the month in which the date on which such ground ceases to exist falls: Provided, That the payment of benefits shall not be suspended where the date on which any ground for suspending the payment thereof arises and the date on which such ground ceases to exist fall in the same month.
(3) Benefits which are a pension shall be paid each month, as prescribed by Presidential Decree.
 Article 14 (Adjustment of Amount of Pension)
(1) Benefits which are a pension may be increased or decreased each year by the amount of money equivalent to the rate of change in national consumer prices in the preceding year compared with two years prior publicly notified by the Commissioner of Statistics Korea each year pursuant to Article 3 of the Statistics Act.
(2) The amount adjusted pursuant to paragraph (1) shall apply to the period from January through December of the relevant year.
 Article 15 (Special Cases concerning Payment of Pension)
(1) Where a person entitled to receive benefits which are a pension emigrates to a foreign country, he or she may receive a lump sum payment in lieu of benefits which are the pension paid from the month following the month in which he or she departs from the Republic of Korea as he or she pleases. In such cases, a lump sum payment shall be the amount of money equivalent to the pension for four years based on the month following the month in which he or she departs from the Republic of Korea.
(2) Where a person entitled to receive benefits which are a pension loses his or her Korean nationality, he or she may receive a lump sum payment in lieu of benefits which are the pension paid from the month following the month in which he or she loses his or her Korean nationality as he or she pleases. In such cases, a lump sum payment shall be the amount of money equivalent to the pension for four years based on the month following the month in which he or she loses his or her Korean nationality.
 Article 16 (Redemption of Benefits)
(1) Where a person who has received benefits falls under any of the following, the Minister of Personnel Management or the head of a local government shall redeem such benefits (where there exists a difference between the amount of benefits paid and the amount of benefits payable, referring to the difference; hereafter the same shall apply in this Article). In such cases, if falling under subparagraph 1, the amount of benefits shall be collected together with interest and redemption expenses prescribed by Presidential Decree, and in the case of subparagraph 2 or 3, where a person liable to pay an amount to be redeemed fails to do so within any prescribed period, interest prescribed by Presidential Decree shall be added thereto:
1. Where he or she has received benefits by fraud or other improper means;
2. Where grounds for benefits no longer exist retroactively after the receipt of such benefits;
3. Where benefits have been paid by mistake.
(2) When the Minister of Personnel Management or the head of a local government redeems benefits pursuant to paragraph (1), in which case a person liable to pay an amount to be redeemed fails to do so within any prescribed period, he or she may collect the amount of benefits in the same manner as delinquent taxes are collected under the National Tax Collection Act or the Local Tax Collection Act.
(3) When the Minister of Personnel Management or the head of a local government redeems benefits pursuant to paragraph (1), he or she may write off benefits if any of the following grounds exists: Provided, That in the case of subparagraphs 1 and 3, where any property that may be seized is found after a write-off of benefits, he or she shall revoke the write-off without delay and collect such property in the same manner as delinquent taxes are collected:
1. Where the disposition on delinquency is concluded, and the allotted amount appropriated to the amount in arrears is less than such amount in arrears;
2. Where extinctive prescription on the relevant right has been completed;
3. Where collection is deemed impracticable, as prescribed by Presidential Decree.
 Article 17 (Payment after Deducting Unpaid Amounts)
(1) Where a present or former public official has the following debts, benefits may be paid to him or her after such debts are deducted from disability benefits, a survivors’ disability pension, survivors’ benefits for a public official who died in the line of duty, or survivors’ benefits for a public official who died in the line of duty while under danger: Provided, That with respect to benefits which are a pension, deduction shall not be made in excess of 1/2 of the pension paid on a monthly basis:
1. Principal of and interest on the amount of money to be redeemed under Article 16;
2. Difference related to the settlement of the amount of a disability pension whose payment is suspended under Article 32.
(2) Where a present or former public official has the following debts in relation to a survivors’ pension under Article 54 (1) of the Public Officials Pension Act (hereinafter referred to as “survivors’ pension”), lump sum survivors’ pension under paragraph (4) of the same Article (hereinafter referred to as “lump sum survivors’ pension”), or lump sum payment to survivors under Article 58 of the same Act (hereinafter referred to as “lump sum payment to survivors”), benefits may be paid to him or her after such debts are deducted from survivors’ benefits for a public official who died in the line of duty or survivors’ benefits for a public official who died in the line of duty while under danger: Provided, That with respect to benefits which are a pension, deduction shall not be made in excess of 1/2 of the pension paid on a monthly basis:
1. Principal of and interest on the amount of retirement benefits and interest thereon to be returned under Article 26 (2) and (3) of the Public Officials Pension Act;
2. Principal of and interest on the amount of money to be redeemed under Article 37 of the Public Officials Pension Act;
3. Difference related to the settlement of the amount of money whose payment is suspended under Article 50 (3) of the Public Officials Pension Act;
4. Unpaid contributions where contributions under Article 67 (1) and (3) of the Public Officials Pension Act and Article 7 (2) and (3) of the Addenda to the aforesaid Act (Act No. 3586) have not been paid;
5. Principal and interest which have not been repaid in cases of failing to repay a student loan under Article 75 of the Public Officials Pension Act;
6. Principal and interest which have not been repaid in cases of failing to repay a loan under Article 77 (2) 5 of the Public Officials Pension Act.
 Article 18 (Protection of Rights)
(1) No entitlement to receive benefits shall be transferred, seized or provided as collateral: Provided, That the entitlement to receive benefits which are a pension may be provided as collateral to financial companies designated by Presidential Decree and may be the object of a disposition on delinquency as prescribed in the National Tax Collection Act, the Local Tax Collection Act, and other Acts.
(2) No benefits paid to a recipient, not exceeding the amount prescribed by subparagraph 3 of Article 195 of the Civil Execution Act, shall be seized.
 Article 19 (Adjustment among Benefits)
(1) No person for whom the payment of a survivors’ pension for a public official who died in the line of duty while under danger is determined shall be paid a survivors’ pension for a public official who died in the line of duty, and no person for whom the payment of survivors’ compensation for a public official who died in the line of duty while under danger is determined shall be paid survivors’ compensation for a public official who died in the line of duty. In such cases, when a survivors’ pension or survivors’ compensation for a public official who died in the line of duty has already been paid, a survivors’ pension or survivors’ compensation for a public official who died in the line of duty while under danger shall be paid after deducting the amount already paid.
(2) Where a recipient of a survivors’ disability pension is also entitled to receive a survivors’ pension for a public official who died in the line of duty or a survivors’ pension for a public official who died in the line of duty while under danger, he or she may select and receive one of such pensions. In such cases, when a survivors’ disability pension has already been paid to a person who selects a survivors’ pension for a public official who died in the line of duty or a survivors’ pension for a public official who died in the line of duty while under danger, benefits of the survivors’ pension for a public official who died in the line of duty or who died in the line of duty while under danger shall be paid after deducting the amount already paid.
 Article 20 (Adjustment to Benefits under other Statutes and Regulations)
(1) Where a recipient of a survivors’ pension for a public official who died in the line of duty becomes entitled to receive any of the following benefits, he or she may select and receive one of the survivors’ pension and the relevant benefits:
1. Survivors’ pension;
2. Lump sum survivors’ pension;
3. Lump sum payment to survivors.
(2) Where a recipient of a survivors’ pension for a public official who died in the line of duty while under danger becomes entitled to receive any benefits under the subparagraphs of paragraph (1), he or she may select and receive one of the survivors’ pension and the relevant benefits.
(3) Where a survivors’ pension, lump sum survivors’ pension, or lump sum payment to survivors has already been paid to a recipient of a survivors’ pension for a public official who died in the line of duty, benefits of the survivors’ pension for a public official who died in the line of duty shall be paid after deducting the amount already paid.
(4) Where a survivors’ pension, lump sum survivors’ pension, or lump sum payment to survivors has already been paid to a recipient of a survivors’ pension for a public official who died in the line of duty while under danger, benefits of the survivors’ pension for a public official who died in the line of duty while under danger shall be paid after deducting the amount already paid.
(5) For a person who receives the same kind of benefits as benefits under this Act at the cost of the State or a local government pursuant to other statutes and regulations, such benefits shall be paid after the amount equivalent to such benefits is deducted from the benefits under this Act: Provided, That such deduction shall not be made where compensation under the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and the Act on Support for Persons Eligible for Veteran’s Compensation is also paid to a recipient of survivors’ benefits for a public official who died in the line of duty or survivors’ benefits for a public official who died in the line of duty while under danger (including a person who selects a survivors’ disability pension, survivors’ pension, lump sum survivors’ pension, or lump sum payment to survivors).
(6) Where a recipient of a retirement pension, early retirement pension, or military retirement pension under the Public Officials Pension Act, the Military Pension Act, the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act also receives a survivors’ pension for a public official who died in the line of duty or a survivors’ disability pension under this Act, the relevant survivors’ pension shall be paid after 1/2 of the amount thereof is deducted.
(7) Where the entitlement to receive disability benefits under Article 28 and the entitlement to receive disability benefits for reasons other than official duties under Article 59 of the Public Officials Pension Act arise simultaneously, a public official may select and receive one of such disability benefits.
 Article 21 (Right to Claim Damages against Third Party)
(1) Where any ground for paying benefits under this Act arises due to an act committed by a third party, the Minister of Personnel Management or the head of a local government shall acquire the right to claim damages which the recipient has against the third party within the limits of the amount of benefits already paid on such ground (where a person receives a disability pension, referring to the amount calculated by deeming that he or she receives a lump sum payment for disability): Provided, That where the third party falls under any of the following, the Minister of Personnel Management or the head of a local government need not exercise the right to claim damages fully or partially after deliberation by the Deliberative Committee:
1. The spouse of the relevant public official or a person who was a public official;
2. A lineal ascendant or descendant of the relevant public official or a person who was a public official;
3. A public official performing his or her official duties.
(2) In the case of paragraph (1), when a recipient has already received compensation for damages from the third party on the same ground, no benefits shall be paid within the limits of the amount of such compensation.
SECTION 2 Medical Care Benefits
 Article 22 (Medical Care Benefits)
(1) Where a public official obtains the following medical care due to an injury or disease in the line of duty (including cases of obtaining medical care due to a request for additional medical care under Article 23 (2)), medical care benefits shall be paid after deliberation by the Deliberative Committee:
1. Diagnosis;
2. Provision of medicines, remedial materials, and prostheses;
3. First-aid, operation or other medical treatment;
4. Convalescence at a hospital or sanatorium;
5. Nursing;
6. Transfer;
7. Rehabilitation treatment.
(2) Medical care benefits under paragraph (1) shall be the amount required for medical care for the same injury or disease, the actual period of medical care of which shall not exceed three years: Provided, That where there is a medical opinion that continuous treatment is needed after three years of actual medical care, the period of medical care may be extended for up to one year for each occasion, as prescribed by Presidential Decree.
 Article 23 (Additional Medical Care)
(1) Where a person who has received medical care benefits is cured, but his or her injury or disease subject to the medical care recurs or becomes worse than his or her condition at the time of the cure, and where there is a medical opinion that active treatment is needed to cure the recurring or worsened injury or disease, he or she may request additional medical care.
(2) A person who has requested additional medical care pursuant to paragraph (1) may re-obtain medical care under the subparagraphs of Article 22 (1) after deliberation by the Deliberative Committee.
(3) Except as provided in paragraphs (1) and (2), necessary matters such as the requirements and procedures for additional medical care shall be prescribed by Presidential Decree.
 Article 24 (Medical Care Institutions)
Medical care under Article 22 shall be obtained at a medical care institution under Article 42 (1) of the National Health Insurance Act (hereinafter referred to as “medical care institution”).
 Article 25 (Calculation of Medical Care Benefits)
Medical care benefits shall be the amount calculated according to the following:
1. Costs of medical care benefits calculated pursuant to Article 45 of the National Health Insurance Act;
2. Costs of medical care benefits calculated pursuant to Article 40 of the Industrial Accident Compensation Insurance Act, which exceed the costs of medical care benefits calculated pursuant to Article 45 of the National Health Insurance Act or are incurred for medical care other than the medical care under the same Article;
3. Costs of medical care benefits prescribed by Presidential Decree, which exceed the costs of medical care benefits calculated pursuant to subparagraphs 1 and 2 or are incurred for medical care in excess of the relevant scope.
SECTION 3 Rehabilitation Benefits
 Article 26 (Rehabilitation Exercise Costs)
(1) Rehabilitation exercise costs shall be paid where rehabilitation exercise is done by any of the following public officials, in whose case there is a medical opinion that he or she is expected to live with a disability prescribed by Presidential Decree:
1. A public official who is receiving medical care related to the performance of official duties;
2. A public official who completed medical care related to the performance of official duties, for whom three months have not passed since the completion of such medical care.
(2) Rehabilitation exercise costs under paragraph (1) shall be the costs actually incurred within the limits of the amount publicly notified by the Minister of Personnel Management.
(3) Matters necessary for the requirements, procedures, etc. for paying rehabilitation exercise costs under paragraph (1) shall be prescribed by Presidential Decree.
 Article 27 (Psychological Counseling Costs)
(1) Psychological counseling costs shall be paid where a public official who is receiving medical care related to the performance of official duties undergoes psychological counseling to receive psychological treatment due to an accident in the line of duty.
(2) Psychological counseling costs under paragraph (1) shall be the costs actually incurred within the limits of the amount publicly notified by the Minister of Personnel Management.
(3) Matters necessary for the requirements, procedures, etc. for paying psychological counseling costs under paragraph (1) shall be prescribed by Presidential Decree.
SECTION 4 Disability Benefits
 Article 28 (Disability Pension or Lump Sum Payment for Disability)
Where a public official falls under any of the following, he or she shall be paid a disability pension or a lump sum payment for disability based on his or her disability rating determined according to the degree of disability prescribed by Presidential Decree after deliberation by the Deliberative Committee:
1. Where a public official retires from office because he or she becomes disabled due to an injury or disease in the line of duty;
2. Where a public official becomes disabled after his or her retirement from office due to an injury or disease incurred in the line of duty before the retirement.
 Article 29 (Amount of Disability Pension or Lump Sum Payment for Disability)
(1) The amount of a disability pension shall be the amount calculated by multiplying the amount of standard monthly income by a percentage based on the following ratings:
1. Grade 1: 52 percent;
2. Grade 2: 48.75 percent;
3. Grade 3: 45.5 percent;
4. Grade 4: 42.25 percent;
5. Grade 5: 39 percent;
6. Grade 6: 35.75 percent;
7. Grade 7: 32.5 percent;
8. Grade 8: 29.25 percent;
9. Grade 9: 26 percent;
10. Grade 10: 22.75 percent;
11. Grade 11: 19.5 percent;
12. Grade 12: 16.25 percent;
13. Grade 13: 13 percent;
14. Grade 14: 9.75 percent.
(2) Where a public official intends to receive a lump sum payment for disability in lieu of a disability pension, he or she shall be paid the amount of money equivalent to the disability pension for five years.
 Article 30 (Amendments to Ratings of Disability Pensions)
(1) Where the degree of disability of a person entitled to receive a disability pension worsens or improves, at his or her request or when the Minister of Personnel Management recognizes it, the rating of such disability pension shall be redetermined according to the changed degree of disability, as prescribed by Presidential Decree.
(2) When a person entitled to receive a disability pension is no longer in a state of disability prescribed by Presidential Decree, his or her entitlement shall be extinguished.
 Article 31 (Handling Cases of Two or More Disabilities)
If a present or former public official has at least two disabilities at the same time, such disabilities shall be dealt with concurrently, as prescribed by Presidential Decree.
 Article 32 (Suspension of Payment of Disability Pension)
(1) Article 50 of the Public Officials Pension Act shall apply mutatis mutandis to the suspension of payment of a disability pension.
(2) Where a person in whose case the payment of a disability pension is suspended pursuant to paragraph (1) retires from office again, the amount of the disability pension shall be redetermined based on the amount of standard monthly income at the time he or she retires from office again only where he or she is in a state of disability prescribed by Presidential Decree at the time he or she retires from office again.
(3) Where the amount of a disability pension is redetermined pursuant to paragraph (2), such amount shall be the larger amount of either the amount before the payment of the disability pension is suspended pursuant to paragraph (1) or the amount redetermined pursuant to paragraph (2): Provided, That where the rating of a disability pension has been amended pursuant to Article 30, the amount of the disability pension shall be that to which the amended rating is applied.
(4) Where a recipient of a disability pension receives medical care benefits, the payment of the disability pension shall be suspended for the period from the month following the month in which the date on which medical care begins falls to the month in which the date on which medical care ends falls.
 Article 33 (Disability Benefits for Missing Persons)
(1) Where a person entitled to receive disability benefits has been missing for at least one year, such disability benefits may be paid to his or her heir or heiress upon a claim by the person who will become his or her heir or heiress (who shall fall under the scope of his or her survivors; hereafter the same shall apply in this Article).
(2) Where an heir or heiress claims a disability pension of a missing person pursuant to paragraph (1), the relevant disability pension accrued from the time the missing person becomes entitled to receive a disability pension pursuant to this Act shall be paid, and where the whereabouts of the missing person are unknown even though three years have passed since the time he or she became entitled to receive a disability pension, 60 percent of the amount of the relevant disability pension shall be paid from the following month.
(3) Where the death of a missing person is verified after the payment of benefits under paragraph (2), a survivors’ disability pension shall be paid to his or her heir or heiress from the month following the month in which the date on which his or her death is verified falls: Provided, That where the date on which the missing person died falls within three years from the date on which benefits under paragraph (1) are paid, his or her heir or heiress shall return to the Minister of Personnel Management the amount calculated by adding interest prescribed by Presidential Decree to the difference between the survivors’ disability pension his or her heir or heiress may receive from the month following the month in which the date on which he or she died falls to the month in which the date on which three years have elapsed falls and the benefits his or her heir or heiress has actually received.
(4) Where the survival of a missing person is verified, a disability pension shall be paid to the person who has been missing from the month following the month in which the date on which his or her survival is verified falls. In such cases, where 60 percent of the amount of the disability pension has been paid to his or her heir or heiress pursuant to paragraph (2), the amount calculated by adding interest prescribed by Presidential Decree to the difference between the amount of benefits paid during the relevant payment period and the amount of benefits payable shall be paid to the person who has been missing.
(5) Where at least two heirs or heiresses under paragraph (1) exist, Article 11 shall apply mutatis mutandis to the order of priority of such heirs or heiresses and the payment of disability benefits, and Article 40 shall apply mutatis mutandis to the loss and transfer of entitlement to receive benefits of an heir or heiress who receives benefits pursuant to paragraph (2).
SECTION 5 Nursing Benefits
 Article 34 (Nursing Benefits)
(1) Nursing benefits shall be paid to a person who actually receives nursing care because he or she is in need of medically constant or frequent nursing care after his or her cure, from among persons who have completed medical care related to the performance of official duties.
(2) The requirements, procedures, etc. for paying nursing benefits under paragraph (1) shall be prescribed by Presidential Decree.
SECTION 6 Accident Benefits for Survivors
 Article 35 (Survivors’ Disability Pension)
(1) Where a person entitled to receive a disability pension is deceased, a survivors’ disability pension shall be paid to a survivor of the person who was a public official.
(2) A survivors’ disability pension shall be 60 percent of the amount of a disability pension that a person who was a public official may receive.
 Article 36 (Survivors’ Pension for Public Officials Who Died in Line of Duty)
(1) A survivors’ pension for a public official who died in the line of duty shall be paid to a survivor of such public official after deliberation by the Deliberative Committee.
(2) A survivors’ pension for a public official who died in the line of duty shall be the amount to which the following amounts are added:
1. The amount equivalent to 38 percent of the amount of standard monthly income at the time of the death of the relevant public official (where the public official died after retirement, referring to the time of retirement; hereafter the same shall apply in this Section);
2. The amount equivalent to 5 percent of the amount of standard monthly income at the time of the death of the relevant public official per one survivor of the public official: Provided, That the sum of the relevant amounts shall not exceed 20 percent of the amount of standard monthly income at the time of the death of the relevant public official.
<<Enforcement Date: Mar. 20, 2018>> Article 36 (2)
 Article 37 (Survivors’ Compensation for Public Officials Who Died in Line of Duty)
(1) Survivors’ compensation for a public official who died in the line of duty shall be paid to a survivor of such public official after deliberation by the Deliberative Committee.
(2) Survivors’ compensation for a public official who died in the line of duty shall be 24 times the average amount of standard monthly income of all public officials.
<<Enforcement Date: Mar. 20, 2018>> Article 37 (2)
 Article 38 (Survivors’ Pension for Public Officials Who Died in Line of Dangerous Duty)
(1) A survivors’ pension for a public official who died in the line of duty while under danger shall be paid to a survivor of such public official after deliberation by the Deliberative Committee.
(2) A survivors’ pension for a public official who died in the line of duty while under danger shall be the amount to which the following amounts are added:
1. The amount equivalent to 43 percent of the amount of standard monthly income at the time of the death of the relevant public official;
2. The amount equivalent to 5 percent of the amount of standard monthly income at the time of the death of the relevant public official per one survivor of the public official: Provided, That the sum of the relevant amounts shall not exceed 20 percent of the amount of standard monthly income at the time of the death of the relevant public official.
<<Enforcement Date: Mar. 20, 2018>> Article 38 (2)
 Article 39 (Survivors’ Compensation for Public Officials Who Died in Line of Dangerous Duty)
(1) Survivors’ compensation for a public official who died in the line of duty while under danger shall be paid to a survivor of such public official after deliberation by the Deliberative Committee.
(2) Survivors’ compensation for a public official who died in the line of duty while under danger shall be 45 times the average amount of standard monthly income of all public officials.
(3) Notwithstanding paragraph (2), survivors’ compensation for a public official who died in the line of duty while under danger which is paid to a survivor of such public official who died due to an accident suffered during counter-espionage operations under subparagraph 1 (b) of Article 5 shall be 60 times the average amount of standard monthly income of all public officials.
<<Enforcement Date: Mar. 20, 2018>> Article 39 (2) and (3)
 Article 40 (Loss and Transfer of Entitlement to Receive Survivors’ Disability Pension)
(1) When a person entitled to receive a survivors’ disability pension, survivors’ pension for a public official who died in the line of duty, or survivors’ pension for a public official who died in the line of duty while under danger falls under any of the following, he or she shall lose such entitlement:
1. Where he or she is deceased;
2. Where he or she remarries (including where he or she is in a de facto conjugal relationship);
3. Where kinship with a deceased person who was a public official is terminated;
4. Where a child or grandchild who is not in a state of disability prescribed by Presidential Decree reaches the age of 19;
5. Where the state of disability of a person who has been receiving a survivors’ disability pension, survivors’ pension for a public official who died in the line of duty, or survivors’ pension for a public official who died in the line of duty while under danger as prescribed by Presidential Decree is annulled.
(2) Where a person entitled to receive a survivors’ disability pension, survivors’ pension for a public official who died in the line of duty, or survivors’ pension for a public official who died in the line of duty while under danger loses his or her entitlement, the entitlement shall be transferred to a person in the same order of priority, if any, and to a person next in order if no person in the same order of priority exists.
 Article 41 (Survivors’ Disability Pension Payable to Missing Persons)
Where a person entitled to receive a survivors’ disability pension, survivors’ pension for a public official who died in the line of duty, or survivors’ pension for a public official who died in the line of duty while under danger has been missing for at least one year, the relevant pension for the period during which he or she has been missing may, at the request of a person in the same order of priority, be paid to the person in the same order of priority, and if no person in the same order of priority exists, the relevant pension for the period during which he or she has been missing may be paid to a person next in order at the request of the person next in the order of priority.
SECTION 7 Relief Benefits
 Article 42 (Disaster Relief Money)
(1) Where a public official suffers any damage to his or her property due to a flood, fire or any other disaster, he or she shall be paid disaster relief money within the limits of the amount equivalent to four times the average amount of standard monthly income of all public officials.
(2) The scope of damage caused by a disaster under paragraph (1), the amount of relief money according to the degree of damage caused by such disaster, etc. shall be prescribed by Presidential Decree.
 Article 43 (Death Condolence Money)
(1) When the spouse, a parent (including a parent of the spouse), or a child of a public official is deceased, death condolence money shall be paid to the public official. In such cases, if at least two public officials eligible for the payment of death condolence money exist, the condolence money shall be paid to one public official prescribed by Presidential Decree, and if another public official who has supported the deceased exists, it shall be paid to such other public official.
(2) Where a public official is deceased, death condolence money shall be paid to his or her spouse, and where no spouse exists, it shall be paid to a person who conducts a funeral and memorial service, as prescribed by Presidential Decree.
(3) Death condolence money under paragraph (1) shall be 65 percent of the average amount of standard monthly income of all public officials, and death condolence money under paragraph (2) shall be twice the amount of standard monthly income of the relevant public official.
SECTION 8 Limitations on Benefits
 Article 44 (Limitations on Benefits by Intention or Gross Negligence)
(1) Where a person entitled to receive benefits under this Act intentionally causes an injury, disease, disability, death or disaster (excluding the case of the proviso to Article 4 (2)), the relevant benefits shall not be paid to him or her.
(2) Where a person entitled to receive accident benefits for survivors intentionally causes the death of a present or former public official or a person receiving accident benefits for survivors, he or she shall not be paid accident benefits for survivors. The same shall apply where a person entitled to receive accident benefits for survivors following the death of a present or former public official intentionally causes the death of a person in the same order of priority or a person in a higher order of priority before the present or former public official dies.
(3) If a person entitled to receive benefits under this Act falls under any of the following, all or part of the relevant benefits may not be paid to him or her, as prescribed by Presidential Decree: Provided, That in cases falling under subparagraph 2, medical care benefits, rehabilitation benefits, and nursing benefits shall be fully paid:
1. Where he or she intentionally aggravates the degree of an injury, disease or disability, or interferes with recovery therefrom;
2. Where he or she causes an injury, disease or disability, aggravates the degree of such injury, disease or disability, interferes with recovery therefrom, or dies by gross negligence or by failing to follow instructions concerning medical care without good cause.
 Article 45 (Limitations on Benefits in Refusing Diagnosis)
Where a present or former public official fails to receive diagnosis without good cause, in which case he or she should receive diagnosis for the payment of benefits under this Act, the Minister of Personnel Management may not pay part of the relevant benefits, as prescribed by Presidential Decree.
CHAPTER III PREVENTION OF ACCIDENTS AND SUPPORT FOR REHABILITATION AND RETURN TO DUTIES
 Article 46 (Prevention of Accidents)
(1) The State and local governments may establish and implement the following policies for the prevention of accidents in the line of duty (hereafter referred to as “prevention of accidents” in this Article) to create an environment that enables public officials under their control to feel assured and concentrate on their duties and thus faithfully perform their role as servants of all citizens:
1. Education and publicity for the prevention of accidents;
2. Preparation of management standards for the prevention of accidents;
3. Improvement of working environments for the prevention of accidents;
4. Other matters necessary for the prevention of accidents.
(2) The Minister of Personnel Management may implement the following projects to support policies related to the prevention of accidents in a comprehensive and systematic manner:
1. Development and distribution of education programs for the prevention of accidents;
2. Fact-finding surveys concerning accidents in the line of duty, and research on the prevention of accidents;
3. Safety inspection of facilities and equipment and consulting for the prevention of accidents;
4. Health diagnosis and consulting for the prevention of accidents;
5. Publicity related to the prevention of accidents, and domestic and foreign exchanges and cooperation;
6. Other matters prescribed by Presidential Decree for the prevention of accidents.
 Article 47 (Support for Rehabilitation and Return to Duties)
(1) The State and local governments shall make necessary endeavors to facilitate the rehabilitation of public officials under their control who suffer an accident in the line of duty and such public officials’ return to duties and to support survivors of such public officials.
(2) The Minister of Personnel Management may implement the following projects to facilitate the rehabilitation of public officials who suffer an accident in the line of duty and their return to duties and to support their survivors:
1. Development and distribution of programs related to rehabilitation and return to duties;
2. Preparation of standards for supporting rehabilitation and return to duties;
3. Collection and provision of information related to rehabilitation and return to duties, and surveys and research thereon;
4. Psychological consulting for the survivors of public officials who suffer an accident in the line of duty;
5. Other matters prescribed by Presidential Decree.
CHAPTER IV BEARING EXPENSES
 Article 48 (Principles of Bearing Expenses)
(1) The State and local governments shall bear expenses incurred in paying benefits under this Act.
(2) The State and local governments may subsidize expenses incurred for projects for the prevention of accidents and projects to support rehabilitation and return to duties under this Act within the budget in each fiscal year.
 Article 49 (Accident Compensation Expenses)
(1) Expenses borne by the State and local governments pursuant to Article 48 (1) (excluding expenses incurred in paying disaster relief money and death condolence money to public officials of local governments; hereinafter referred to as “accident compensation expenses”) shall be the amount calculated as prescribed by Presidential Decree in consideration of the rate of occurrence of accidents, the scope of expenses to be borne, etc.
(2) Accident compensation expenses borne by the State and local governments shall be paid to the GEPS. In such cases, Article 71 (2) through (7) of the Public Officials Pension Act shall apply mutatis mutandis to the procedures for paying accident compensation expenses, the settlement and collection of such expenses, etc., and “pension contributions, etc.” shall be deemed “accident compensation expenses”.
(3) When accident compensation expenses cannot cover expenditures incurred in paying benefits under this Act (excluding disaster relief money and death condolence money paid to public officials of local governments), temporary borrowings may be made from the Public Official Pension Fund under the Public Officials Pension Act. In such cases, the temporary borrowings shall be repaid by the end of the fiscal year after next, after adding interest thereto as prescribed by Presidential Decree.
 Article 50 (Transfer of Amount of Public Official’s Pension)
Where a survivor of a public official who died in the line of duty or who died in the line of duty while under danger selects a survivors’ pension for a public official who died in the line of duty or a survivors’ pension for a public official who died in the line of duty while under danger pursuant to Article 20 (1) or (2), and thus, he or she is not paid a survivors’ pension, lump sum survivors’ pension, or lump sum payment to survivors, the Minister of Personnel Management shall transfer such unpaid amount to the financial resources for accident compensation expenses for the fiscal year after next. In such cases, where a survivor of a public official who died in the line of duty or who died in the line of duty while under danger receives a survivors’ pension for a public official who died in the line of duty or who died in the line of duty while under danger and he or she is entitled to receive a survivors’ pension, the amount of the survivors’ pension to be transferred shall be calculated by deeming that he or she receives a lump sum survivors’ pension equivalent thereto.
CHAPTER V REQUEST FOR EXAMINATION
 Article 51 (Request for Examination)
(1) A person who has an objection to a decision on benefits, or other benefits, etc. under this Act may request the Public Officials’ Accident Compensation Pension Committee under Article 52 to conduct an examination, as prescribed by Presidential Decree.
(2) A request for examination under paragraph (1) shall be filed within 180 days from the date on which the relevant decision, etc. is made or within 90 days from the date on which the requester becomes aware that the relevant decision, etc. has been made: Provided, That this shall not apply where the requester proves that he or she is unable to file a request for examination within the aforesaid period because he or she has good reason.
(3) Except as provided in paragraphs (1) and (2), matters necessary for requesting examination shall be prescribed by Presidential Decree.
(4) No administrative appeal under the Administrative Appeals Act shall be filed against a decision on benefits, or other benefits, etc. under this Act.
 Article 52 (Public Officials’ Accident Compensation Pension Committee)
(1) The Public Officials’ Accident Compensation Pension Committee (hereinafter referred to as the “Committee”) shall be established under the control of the Prime Minister to examine the following:
1. Matters concerning a request for examination under Article 51;
2. Matters that are prescribed by other Acts to undergo examination by the Committee.
(2) Where deemed necessary for the improvement of statutes, regulations and systems relating to examination, the Committee may give an opinion or make a recommendation for improvement to the Minister of Personnel Management.
(3) Where necessary for the performance of its affairs, the Committee may request relevant administrative agencies, local governments, and public institutions to dispatch their public officials, executive officers or employees.
(4) An administrative organization shall be established under the Committee to support and handle affairs of the Committee.
(5) The Committee may have professional human resources necessary to enhance expertise in examination affairs and perform affairs such as examination-related surveys and research.
(6) Matters necessary for the organization and operation of an administrative organization and the qualifications, etc. of professional human resources under paragraphs 4 and 5 shall be prescribed by Presidential Decree.
 Article 53 (Composition of the Committee)
(1) The Committee shall be composed of not more than 50 members, including one Chairperson, and one of the members shall be a standing member.
(2) The Chairperson and the standing member of the Committee shall be appointed or commissioned by the President upon the recommendation of the Minister of Personnel Management, from among persons falling under any subparagraph of paragraph (3). In such cases, the standing member shall also serve as the head of the administrative organization under Article 52 (4).
(3) Ex officio members of the Committee shall be members of the Senior Executive Service or public officials equivalent thereto of the Ministry of Economy and Finance, the Ministry of the Interior and Safety, the Ministry of Employment and Labor, the Ministry of Patriots and Veterans Affairs, and the Ministry of Personnel Management, appointed by the heads of the relevant agencies from among public officials in charge of affairs relating to accident compensation, pension, welfare or service, and the Committee members who are not ex officio members shall be appointed or commissioned by the President from among the following persons:
1. Persons who are or were in office as members of the Senior Executive Service or public officials equivalent thereto from among persons who engage or engaged in affairs relating to personnel administration or social security, such as accident compensation, pension, welfare, and service;
2. Persons who are or were in office as a judge, prosecutor or attorney-at-law;
3. Medical personnel under Article 2 of the Medical Service Act;
4. Other persons who have much knowledge and experience in affairs relating to personnel administration or social security, such as accident compensation, pension, welfare, and service.
(4) The Chairperson and members of the Committee shall hold office for a term of three years and may be appointed consecutively for further terms, as prescribed by Presidential Decree: Provided, That ex officio members shall hold office while remaining in such post.
(5) Meetings of the Committee shall be composed of at least 11 and not more than 15 members, including the Chairperson, the standing member, and members designated by the Chairperson at each meeting.
(6) Where necessary for examination, the Committee may take the following measures:
1. Requesting a requester for examination or a person designated by the requester, relevant public officials, and other interested persons, etc. to attend a meeting of the Committee and hearing their opinions;
2. Requesting relevant public officials or other persons, institutions, etc. related to benefits to submit materials.
(7) Except as provided in paragraphs (1) through (6), matters necessary for the organization and operation of the Committee shall be prescribed by Presidential Decree.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 54 (Prescription)
(1) If the entitlement to receive medical care benefits, rehabilitation benefits, nursing benefits or relief benefits under this Act or the entitlement to receive the other benefits under this Act is not exercised for three years or five years, respectively, from the date on which grounds for the relevant benefits arise, such entitlement shall be extinguished by prescription.
(2) If the Minister of Personnel Management or the head of a local government fails to exercise the right to redeem or collect money to be redeemed or other money to be collected under this Act for five years from the date on which grounds for the redemption or collection thereof arise, such right shall be extinguished by prescription.
(3) The notice of and demand for payment of money to be redeemed or other money to be collected under this Act, and a claim for the payment of benefits or for the refund of an overpaid amount, etc. under this Act shall have the effect of interruption of extinctive prescription.
(4) Extinctive prescription interrupted pursuant to paragraph (3) shall run anew from the time the payment period under the notice of or demand for payment has elapsed.
(5) Where a person wins a lawsuit filed against a decision on benefits under this Act, his or her entitlement to receive the benefits relating thereto shall be extinguished by prescription if he or she fails to exercise the entitlement to receive medical care benefits, rehabilitation benefits, nursing benefits or relief benefits or the entitlement to receive the other benefits for three years or five years, respectively, from the date on which the relevant ruling has become final and conclusive.
 Article 55 (Period of Effectuation)
In calculating the period concerning claiming benefits or requesting examination, filing a report, etc. under this Act, in which case documents therefor have been sent by mail, the number of days taken for delivery by mail shall not be included in such period.
 Article 56 (Confirmation by Heads of Agencies)
(1) The head of an agency shall confirm the personal records necessary for the existence of any ground for benefits, and other personal matters of a present or former public official under this Act.
(2) If necessary to conduct affairs concerning confirmation under paragraph (1), the head of an agency may request a present or former public official and other relevant persons to submit materials or state their opinions.
 Article 57 (Inspection and Reporting)
(1) If deemed necessary for the proper operation of benefits under this Act and other accident compensation systems, the Minister of Personnel Management (including a person who is entrusted with affairs pursuant to Article 61; hereafter the same shall apply in this Article and Article 58) may request the following matters from persons entitled to receive benefits, the heads of agencies, the heads of medical care institutions, and other relevant persons:
1. Giving necessary reports or notifications;
2. Presenting or submitting books, documents or other items;
3. Attending certain places and stating opinions or providing explanations.
(2) If deemed necessary for the proper operation of benefits under this Act, the Minister of Personnel Management may require public officials under his or her control (where affairs are entrusted pursuant to Article 61, including employees of the trustee; hereafter the same shall apply in this Article) to have access to a related place to inspect books, documents or other items or ask relevant persons necessary questions.
(3) When accessing, conducting an inspection, or asking questions pursuant to paragraph (2), the relevant public official shall carry an identification indicating his or her authority and present it to relevant persons.
(4) In the case of paragraph (1), when a person entitled to receive benefits fails to comply with a request without good cause, the payment of benefits may be suspended until he or she complies therewith.
 Article 58 (Request for Provision of Materials)
(1) The Minister of Personnel Management may request State agencies, local governments, medical care institutions, the Korea Teachers Pension under the Pension for Private School Teachers and Staff Act (hereafter referred to as the “Korea Teachers Pension” in this Article), the National Pension Service under the National Pension Act (hereafter referred to as the “National Pension Service” in this Article), and the heads of other institutions, corporations, and organizations prescribed by Presidential Decree to provide materials concerning resident registration, family relation registration, national taxes, local taxes, land, buildings, health insurance, and registration of persons with disabilities and other materials prescribed by Presidential Decree, which are necessary in relation to public officials’ accident compensation affairs, such as the determination and payment of benefits and the exercise of the right to claim damages against a third party. In such cases, upon receipt of a request for provision of materials, State agencies, local governments, medical care institutions, the Korea Teachers Pension, the National Pension Service, or the heads of institutions, corporations or organizations shall comply with such request unless there is a compelling reason not to do so.
(2) User fees, handling fees, etc. shall be exempted with respect to the materials provided to the Minister of Personnel Management pursuant to paragraph (1).
 Article 59 (Honorable Treatment including Merit Reward)
(1) Public officials who died in the line of duty and their survivors may be given the following honorable treatment:
1. Honorable treatment of public officials killed in the line of duty under Article 4 (1) 14 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and their survivors;
2. Honorable treatment of public officials killed in a disaster under Article 2 (1) 3 of the Act on Support for Persons Eligible for Veteran’s Compensation and their survivors.
(2) Public officials who died in the line of duty while under danger and their survivors may be given the following honorable treatment:
1. Honorable treatment of soldiers or police officers killed in the line of duty under Article 4 (1) 5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and their survivors;
2. Honorable treatment of public officials killed in the line of duty under Article 4 (1) 14 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and their survivors;
3. Honorable treatment of soldiers or police officers killed in a disaster under Article 2 (1) 1 of the Act on Support for Persons Eligible for Veteran’s Compensation and their survivors;
4. Honorable treatment of public officials killed in a disaster under Article 2 (1) 3 of the Act on Support for Persons Eligible for Veteran’s Compensation and their survivors.
(3) Notwithstanding paragraph (2), persons who are prescribed by other Acts to receive any of the following honorable treatment shall be governed by such other Acts:
1. Honorable treatment of soldiers or police officers killed in action under Article 4 (1) 3 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and their survivors;
2. Honorable treatment of soldiers or police officers killed in the line of duty under Article 4 (1) 5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and their survivors;
3. Honorable treatment of soldiers or police officers killed in a disaster under Article 2 (1) 1 of the Act on Support for Persons Eligible for Veteran’s Compensation and their survivors.
(4) The registration and determination of persons who are to receive honorable treatment pursuant to paragraphs (1) and (2) shall be as prescribed by the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or the Act on Support for Persons Eligible for Veteran’s Compensation.
(5) The State or local governments may give honorable treatment to public officials who died in the line of duty and public officials who died in the line of duty while under danger and may provide support for their survivors, as prescribed by Presidential Decree. In such cases, expenses incurred in such honorable treatment and support shall be borne by the State or local governments.
 Article 60 (Special Cases concerning Persons Who Died in Course of Performing Official Duties)
(1) Notwithstanding Article 3 (1) 1, a person who died in the course of performing official duties shall be deemed a public official under this Act in recognizing him or her as a public official who died in the line of duty or who died in the line of duty while under danger and applying benefits (excluding death condolence money), honorable treatment, etc. to him or her accordingly (hereinafter referred to as “provisions concerning survivors’ benefits for a public official who died in the line of duty or who died in the line of duty while under danger”).
(2) The provisions of the Industrial Accident Compensation Insurance Act, etc. and the provisions concerning survivors’ benefits for a public official who died in the line of duty or who died in the line of duty while under danger under this Act shall each apply to a person who died in the course of performing official duties: Provided, That the provisions concerning survivors’ benefits for a public official who died in the line of duty or who died in the line of duty while under danger under this Act shall apply only where the relevant person’s death is recognized as death eligible for accident compensation under the Industrial Accident Compensation Insurance Act, etc.
(3) For recognition as a person who died in the course of performing official duties and recognition of such person as a public official who died in the line of duty or who died in the line of duty while under danger, a claim for survivors’ benefits for a public official who died in the line of duty or who died in the line of duty while under danger shall be filed with the Minister of Personnel Management, together with documents, etc. relating to the recognition of death eligible for accident compensation under the Industrial Accident Compensation Insurance Act, etc., after obtaining confirmation from the head of the agency to which the deceased person belonged (where the head of such agency does not exist, referring to the head of the State agency or local government in which the relevant deceased person performed official duties at the time of his or her death) at the time of his or her death (where he or she died of an injury or disease, referring to the time of the occurrence of the injury or disease; hereafter the same shall apply in this paragraph).
(4) Notwithstanding paragraph (2), where a person who died in the course of performing official duties is recognized as a public official who died in the line of duty, he or she shall not be paid survivors’ benefits for a public official who died in the line of duty.
(5) Notwithstanding paragraph (2), where a person who died in the course of performing official duties is recognized as a public official who died in the line of duty while under danger, he or she shall not be paid a survivors’ pension for a public official who died in the line of duty while under danger: Provided, That notwithstanding the main sentence of Article 20 (5), survivors’ compensation for a public official who died in the line of duty while under danger shall be paid without any deduction therefrom even when compensation or indemnity is paid under the Industrial Accident Compensation Insurance Act, etc.
(6) Notwithstanding Article 54 (1), in the case of survivors’ benefits for a public official who died in the line of duty or who died in the line of duty while under danger under paragraph (3), prescription shall not run for the period from the date on which a claim for survivors’ benefits, etc. is filed on grounds of death eligible for accident compensation under the Industrial Accident Compensation Insurance Act, etc. to the date on which the payment of such benefits is determined (including where payment is determined according to administrative appeals, administrative suits or other dissatisfaction procedures).
(7) Except as provided in paragraphs (1) through (6), matters necessary for the recognition, etc. of persons who died in the course of performing official duties shall be prescribed by Presidential Decree.
 Article 61 (Entrustment of Affairs)
(1) The Minister of Personnel Management shall entrust the GEPS with the following from among the affairs under this Act:
1. Receiving a claim for benefits and a request for examination;
2. Making a decision on rehabilitation benefits, nursing benefits, survivors’ disability pensions, or relief benefits (limited to a public official who does not belong to a local government);
3. Paying benefits;
4. Redeeming benefits and making a disposition on deficits or delinquency under Article 16;
5. Exercising the right to claim damages against a third party under Article 21 (1);
6. Extending the medical care period under Article 22 (2);
7. Calculating medical care benefits under Article 25;
8. Matters concerning the loss and transfer of the entitlement to receive a survivors’ disability pension, etc. under Article 40;
9. Matters concerning the calculation, settlement, collection and management, etc. of accident compensation expenses under Article 49;
10. Other matters prescribed by Presidential Decree.
(2) Where the GEPS makes a disposition on delinquency pursuant to paragraph (1) 4, it shall obtain the approval of the Minister of Personnel Management. In such cases, an executive officer or employee of the GEPS shall be deemed a public official.
(3) The Minister of Personnel Management may entrust the GEPS with all or part of projects for the prevention of accidents under Article 46 (2) and projects to support rehabilitation and return to duties under Article 47 (2).
(4) When the Minister of Personnel Management entrusts his or her affairs pursuant to paragraph (1) or (3), he or she may subsidize necessary expenses within the budget.
(5) The Minister of Personnel Management may take necessary measures for supervision purposes, such as receiving a report from the GEPS in relation to the affairs entrusted to the GEPS pursuant to paragraph (1) or (3) or inspecting how such affairs are handled.
(6) The GEPS may re-entrust part of the affairs entrusted pursuant to paragraph (1) or (3) to post offices, local governments, financial companies, public institutions under Article 4 of the Act on the Management of Public Institutions, or other persons after obtaining the approval of the Minister of Personnel Management. In such cases, necessary matters such as the scope of re-entrusted affairs, the persons to whom re-entrustment may be made, and the payment of re-entrustment expenses shall be prescribed by Presidential Decree.
 Article 62 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Persons who are not public officials from among the following persons shall be deemed public officials in applying the provisions of Articles 129 through 132 of the Criminal Act to their duties:
1. Members of the Deliberative Committee;
2. Members of the Committee;
3. Executive officers and employees of an institution, etc. which engages in the affairs entrusted by the Minister of Personnel Management pursuant to Article 61 (including affairs re-entrusted pursuant to Article 61 (6)).
CHAPTER VII PENALTY PROVISIONS
 Article 63 (Administrative Fines)
(1) Where an executive officer or employee of the GEPS violates measures under Article 61 (5) or refuses, hinders or avoids an inspection, an administrative fine not exceeding one million won shall be imposed on him or her.
(2) An administrative fine not exceeding 300,000 won shall be imposed on any of the following persons:
1. A person who fails to take measures under the subparagraphs of Article 57 (1) or takes the relevant measures falsely;
2. A person who refuses, hinders or avoids an access, inspection or question under Article 57 (2).
(3) The Minister of Personnel Management shall impose and collect administrative fines under paragraphs (1) and (2).
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 5 (limited to the details concerning the requirements for public officials who died in the line of duty while under danger), 10 (2) (limited to cases of calculating the amount of benefits of a survivors’ pension for a public official who died in the line of duty and a survivors’ pension for a public official who died in the line of duty while under danger), 36 (2), 37 (2), 38 (2), and 39 (2) and (3), and Article 10 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Applicability to Basis for Calculating Amount of Benefits)
(1) Notwithstanding Article 13 of the Addenda, the provisions of Article 10 (2) concerning the minimum standard amount of compensation shall also apply to a person in whose case grounds for providing benefits of a survivors’ pension for a public official who died in the line of duty or who died in the line of duty while under danger have arisen because he or she died before the enforcement date under the proviso to Article 1 of the Addenda [including a person receiving a survivors’ pension for a public official who died in the line of duty or who died in the line of duty while under danger pursuant to Article 56 (1) 3 and (4) of the previous Public Officials Pension Act (referring to the aforesaid Act before being wholly amended by Act No. 15523; hereinafter the same shall apply)].
(2) The amount of benefits under paragraph (1) shall begin to apply on the date of payment of benefits that arrives after the enforcement date under the proviso to Article 1 of the Addenda.
Article 3 (Applicability to Adjustment to Benefits under Other Statutes and Regulations)
The provisions of Article 20 (6) concerning a recipient of a retirement pension or early retirement pension under the Special Post Offices Act shall begin to apply from cases where the recipient also receives a survivors’ pension for a public official who died in the line of duty or a survivors’ disability pension because grounds for providing such survivors’ pension under this Act arise after this Act enters into force.
Article 4 (Applicability to Payment of Rehabilitation Benefits)
(1) Notwithstanding Article 13 of the Addenda, Articles 26 and 27 shall also apply to a person for whom medical care related to the performance of official duties has been determined pursuant to Article 35 of the previous Public Officials Pension Act before this Act enters into force.
(2) The amount of benefits under paragraph (1) shall begin to apply from cases where the relevant person does rehabilitation exercise or receives psychological counseling after this Act enters into force.
Article 5 (Applicability to Payment of Nursing Benefits)
(1) Notwithstanding Article 13 of the Addenda, Article 34 shall also apply to a person for whom medical care related to the performance of official duties has been determined pursuant to Article 35 of the previous Public Officials Pension Act before this Act enters into force.
(2) The amount of benefits under paragraph (1) shall begin to apply from cases where the relevant person receives nursing care after this Act enters into force.
Article 6 (Applicability to Amount of Payment of Survivors’ Pension for Public Officials Who Died in Line of Duty)
(1) Notwithstanding Article 13 of the Addenda, Article 36 (2) shall also apply to a person in whose case grounds for providing benefits of a survivors’ pension for a public official who died in the line of duty have arisen before the enforcement date under the proviso to Article 1 of the Addenda (including a person receiving a survivors’ pension for a public official who died in the line of duty pursuant to Article 56 (1) 3 of the previous Public Officials Pension Act).
(2) The amount of benefits under paragraph (1) shall begin to apply on the date of payment of benefits that arrives after the enforcement date under the proviso to Article 1 of the Addenda.
Article 7 (Applicability to Amount of Payment of Survivors’ Pension for Public Officials Who Died in Line of Dangerous Duty)
(1) Notwithstanding Article 13 of the Addenda, Article 38 (2) shall also apply to a person in whose case grounds for providing benefits of a survivors’ pension for a public official who died in the line of duty while under danger have arisen before the enforcement date under the proviso to Article 1 of the Addenda (including a person receiving a survivors’ pension for a public official who died in the line of duty while under danger pursuant to Article 56 (4) of the previous Public Officials Pension Act).
(2) The amount of benefits under paragraph (1) shall begin to apply on the date of payment of benefits that arrives after the enforcement date under the proviso to Article 1 of the Addenda.
Article 8 (Applicability to Honorable Treatment including Merit Reward)
Honorable treatment, including merit reward, under Article 59 (excluding cases of a person who died in the course of performing official duties) shall begin to apply from the first relevant person who dies after this Act enters into force.
Article 9 (Applicability to Special Cases concerning Persons Who Died in Course of Performing Official Duties)
Articles 3 (1) 2, 59 (1) through (4) (limited to cases of a person who died in the course of performing official duties; hereafter the same shall apply in this Article), and 60 shall begin to apply from the first person who dies in an accident occurring in the course of performing his or her duties on or after June 30, 2017, and Article 59 (5) shall begin to apply from the first person who dies after this Act enters into force.
Article 10 (Special Cases concerning Confirmation of Grounds for Providing Benefits to Public Officials Who Died in Line of Dangerous Duty)
Notwithstanding Articles 3 (1) 2, 56, 57, and 61 of the previous Public Officials Pension Act, Articles 5, 10 (2), and 36 through 39 shall apply to the requirements for public officials who died in the line of duty while under danger and the calculation of the amount of payment of survivors’ benefits for a public official who died in the line of duty or who died in the line of duty while under danger during the period between the enforcement date under the proviso to Article 1 of the Addenda and the enforcement date under the main sentence of Article 1 of the Addenda. In such cases, the previous Public Officials Pension Act shall apply to the other matters.
<<Enforcement Date: Mar. 20, 2018>> Article 10
Article 11 (Special Cases concerning Adjustment of Amount of Pension)
Article 14 shall not apply for the period from the enforcement date of this Act to December 31, 2020.
Article 12 (Transitional Measures concerning Public Officials)
A public official under Article 3 (1) 1 (a) or (b) of the previous Public Officials Pension Act before this Act enters into force shall be deemed a public official under Article 3 (1) 1 of this Act.
Article 13 (Transitional Measures concerning Occurrence of Grounds for Benefits)
(1) The previous Public Officials Pension Act shall apply to benefits for a person in whose case grounds for benefits have arisen before this Act enters into force.
(2) Notwithstanding paragraph (1), the amended provisions of Articles 56 (1) 3 and 61 (1) of the Public Officials Pension Act (Act No. 13387) shall begin to apply from the first person who dies on or after January 1, 2016 which is the enforcement date of the same Act.
(3) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 3586) shall apply to benefits for a person in whose case grounds for benefits have arisen before January 1, 1983 which is the enforcement date of the same Act.
(4) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 3735) shall apply to benefits for a person in whose case grounds for benefits have arisen before January 1, 1985 which is the enforcement date of the same Act.
(5) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 3964) shall apply to benefits for a person in whose case grounds for benefits have arisen before January 1, 1988 which is the enforcement date of the same Act: Provided, That this shall not apply to a survivors' pension under Article 57 (1) of the same Act.
(6) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 4033) shall apply to benefits for a person in whose case grounds for benefits have arisen before December 29, 1988 which is the enforcement date of the same Act.
(7) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 4334) shall apply to benefits for a person in whose case grounds for benefits have arisen before October 1, 1991 which is the enforcement date of the same Act.
(8) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 5117) shall apply to benefits for a person in whose case grounds for benefits have arisen before January 1, 1996 [referring to January 1, 2000 in case under the amended provisions of Article 47 of the same Act (including where the aforesaid Article is applied mutatis mutandis in Article 55 (1) of the same Act)] which is the enforcement date of the same Act.
(9) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 6328) shall apply to benefits for a person in whose case grounds for benefits have arisen before January 1, 2001 (referring to January 1, 2002 in case under the amended provisions of Articles 26 (1), 38, 63, 69 (8), and 69-3 of the same Act) which is the enforcement date of the same Act.
(10) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 7543) shall apply to benefits for a person in whose case grounds for benefits have arisen before July 1, 2005 which is the enforcement date of the same Act: Provided, That the amended provisions of Article 47 of the same Act (including where the aforesaid Article is applied mutatis mutandis in Article 55 (1) of the same Act) shall also apply to a person in whose case grounds for benefits have arisen before July 1, 2005 which is the enforcement date of the same provisions.
(11) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 9905) shall apply to benefits for a person in whose case grounds for benefits have arisen before January 1, 2010 which is the enforcement date of the same Act: Provided, That the amended provisions of Article 47 (2) of the same Act (including where the aforesaid Article is applied mutatis mutandis in Article 55 (1) of the same Act) shall also apply to a person in whose case grounds for benefits have arisen before January 1, 2010 which is the enforcement date of the same Act.
(12) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (Act No. 13387) shall apply to benefits for a person in whose case grounds for benefits have arisen before January 1, 2016 which is the enforcement date of the same Act: Provided, That the amended provisions of Article 47 of the same Act (including where the aforesaid Article is applied mutatis mutandis in Article 55 (1) of the same Act) and Article 5 of the Addenda to the same Act shall also apply to a person in whose case grounds for benefits have arisen before January 1, 2016.
Article 14 (General Transitional Measures concerning Disposition)
(1) Acts done against the Minister of Personnel Management, the heads of local governments, the GEPS, the heads of agencies, the Public Officials’ Pension Benefits Deliberative Committee, the Compensation Examination Committee for Public Officials Who Died in the line of duty while under danger, and the Public Officials’ Pension Benefits Re-deliberation Committee (hereinafter referred to as the “Minister of Personnel Management, etc.”) or acts done by the Minister of Personnel Management, etc. (including acts done by the former Public Officials’ Pension Benefits Examination Committee or acts done against the same Committee before January 1, 1985 which is the enforcement date of the Public Officials Pension Act (Act No. 3735)) in relation to benefits concerning accidents in the line of duty (including relief benefits) pursuant to the previous Public Officials Pension Act at the time this Act enters into force shall be deemed to be acts done against the Minister of Personnel Management, the heads of local governments, the GEPS, the heads of agencies, the Public Officials’ Accident Compensation Deliberative Committee, and the Public Officials’ Accident Compensation Pension Committee or acts done by the Minister of Personnel Management, the heads of local governments, the GEPS, the heads of agencies, the Public Officials’ Accident Compensation Deliberative Committee, and the Public Officials’ Accident Compensation Pension Committee pursuant to this Act.
(2) Notwithstanding the proviso to Article 13 (1) of the Administrative Litigation Act, in an administrative suit against a disposition, etc. made by the GEPS pursuant to the previous Public Officials Pension Act, the defendant shall be the GEPS.
Article 15 (Transitional Measures concerning Benefits and Recipients of Benefits)
Benefits mentioned in the left columns of the following table and the recipients of the relevant benefits before this Act enters into force shall be deemed benefits mentioned in the right columns of the same table and the recipients of the relevant benefits, respectively:
Medical care expenses related to the performance of official duties under subparagraph 1 of Article 34 of the previous Public Officials Pension ActMedical care benefits under subparagraph 1 of Article 8
Accident relief money under subparagraph 3 of Article 34 of the previous Public Officials Pension ActDisaster relief money under subparagraph 6 (a) of Article 8
Death condolence money under subparagraph 4 of Article 34 of the previous Public Officials Pension ActDeath condolence money under subparagraph 6 (b) of Article 8
Disability benefits under subparagraph 2 of Article 42 of the previous Public Officials Pension ActDisability benefits under subparagraph 3 of Article 8
Disability pension under subparagraph 2 (a) of Article 42 and subparagraph 1 of Article 51 of the previous Public Officials Pension ActDisability pension under subparagraph 3 (a) of Article 8
Compensation for disability under subparagraph 2 (b) of Article 42 and subparagraph 1 of Article 51 of the previous Public Officials Pension ActLump sum payment for disability under subparagraph 3 (b) of Article 8
Survivors’ benefits under subparagraph 3 of Article 42 of the previous Public Officials Pension Act (excluding benefits under items (b) through (e) of the same subparagraph)Accident benefits for survivors under subparagraph 5 of Article 8
Survivors’ pension under subparagraph 3 (a) of Article 42 and Article 56 (1) 2 of the previous Public Officials Pension ActSurvivors’ disability pension under subparagraph 5 (a) of Article 8
Survivors’ pension under subparagraph 3 (a) of Article 42 and Article 56 (1) 3 of the previous Public Officials Pension ActSurvivors’ pension for a public official who died in the line of duty under subparagraph 5 (b) (i) of Article 8
Survivors’ compensation for a public official who died in the line of duty under subparagraph 3 (f) of Article 42 of the previous Public Officials Pension ActSurvivors’ compensation for a public official who died in the line of duty under subparagraph 5 (b) (ii) of Article 8
Survivors’ pension for a public official who died in the line of duty while under danger under subparagraph 3 (g) of Article 42 of the previous Public Officials Pension ActSurvivors’ pension for a public official who died in the line of duty while under danger under subparagraph 5 (c) (i) of Article 8
Survivors’ compensation for a public official who died in the line of duty while under danger under subparagraph 3 (h) of Article 42 of the previous Public Officials Pension ActSurvivors’ compensation for a public official who died in the line of duty while under danger under subparagraph 5 (c) (ii) of Article 8
Article 16 (Transitional Measures concerning Requirements for Public Officials Who Died in Line of Duty While under Danger)
Notwithstanding Article 5, Article 3 (1) 2 of the previous Public Officials Pension Act shall apply to the requirements for public officials who died in the line of duty while under danger before the enforcement date under the proviso to Article 1 of the Addenda. In such cases, the amended provisions of Article 3 (1) 2 (l) of the Public Officials Pension Act (Act No. 10984) shall begin to apply from the first public official who died in the line of duty due to an injury sustained in the course of performing his or her duties on or after August 4, 2011 which is the enforcement date of the same amended provisions (referring to a public official who died in the line of duty under the provisions prior to being amended by the Public Officials Pension Act (Act No. 13927) as of July 28, 2016 which is the enforcement date of the same Act).
Article 17 (Transitional Measures concerning Special Cases on Recipients of Benefits)
Notwithstanding Article 12, Article 30 of the previous Public Officials Pension Act shall apply to the recipients of benefits before this Act enters into force. In such cases, the amended provisions of Article 30 of the Public Officials Pension Act (Act No. 10984) shall begin to apply from the first person who satisfies the requirements under the relevant amended provisions where the person who is or was a public official dies on or after November 5, 2011 which is the enforcement date of the same Act.
Article 18 (Transitional Measures concerning Redemption of Benefits)
Notwithstanding Article 16, Article 31 of the previous Public Officials Pension Act shall apply to the requirements and procedures for redemption of benefits, the calculation of the amount to be redeemed and interest added thereto, a disposition on deficits, a disposition on delinquency, etc. where grounds for redeeming benefits have arisen before this Act enters into force.
Article 19 (Transitional Measures concerning Survivors’ Pension, Additional Payments to Survivors’ Pension, and Special Additional Payments to Survivors’ Pension)
Notwithstanding Articles 35 through 41, Articles 56, 57 (excluding Article 57 (1) 3), 58, 59, and 60 (1) of the previous Public Officials Pension Act shall apply to a survivors’ pension, additional payments to a survivors’ pension, and special additional payments to a survivors’ pension (referring to a survivors’ pension and additional payments or special additional payments to the survivors’ pension under Article 56 (1) 2 and 3 of the previous Public Officials Pension Act) before this Act enters into force. In such cases, the amended provisions of Articles 56 (1) and 57 (1) (excluding Article 57 (1) 3) of the Public Officials Pension Act (Act No. 10984) shall begin to apply from the first person who satisfies the requirements under the relevant amended provisions where the person dies on or after November 5, 2011 which is the enforcement date of the same Act, and the amended provisions of Articles 56 (1) through (3) and 60 (1) of the Public Officials Pension Act (Act No. 13387) shall begin to apply from the public official who holds office as of January 1, 2016 which is the enforcement date of the same Act.
Article 20 (Transitional Measures concerning Medical Care and Additional Medical Care)
(1) Notwithstanding Articles 22 through 25, Articles 35, 36, 36-2, and 37 through 40 of the previous Public Officials Pension Act shall apply to medical care and additional medical care before this Act enters into force.
(2) In the case of paragraph (1), the amended provisions of Articles 35 (2), 36, and 36-2 of the Public Officials Pension Act (Act No. 10984) shall also apply to a person who is receiving or entitled to receive medical care expenses related to the performance of official duties or who has received a lump sum for medical care related to the performance of official duties pursuant to the provisions prior to being amended by the same Act as of November 5, 2011 which is the enforcement date of the same Act, for whom medical care or additional medical care is needed with respect to the relevant disease or injury sustained in the line of duty. In such cases, a person who has received a lump sum for medical care related to the performance of official duties shall, for the corresponding period thereof, be deemed to have received medical care expenses related to the performance of official duties during the period of medical care extended pursuant to the amended provisions of the proviso to Article 35 (2) of the same Act.
Article 21 (Transitional Measures concerning Prescription)
(1) Notwithstanding Article 54 (1), the proviso to Article 81 (1) of the previous Public Officials Pension Act shall apply where a claim for survivors’ benefits for a public official who died in the line of duty while under danger has been filed pursuant to Article 26 (4) of the previous Public Officials Pension Act before this Act enters into force.
(2) Notwithstanding Article 54 (5), Article 81 (6) of the previous Public Officials Pension Act shall apply where benefits under Article 8 have been determined pursuant to the previous Public Officials Pension Act before this Act enters into force.
Article 22 (Transitional Measures concerning Scope of Survivors)
Notwithstanding Article 3 (1) 5 and the amended provisions of Article 3 (1) 2 of the Public Officials Pension Act (Act No. 5117), the provisions prior to being amended by the same Act shall apply to the spouse whom a public official married, and children (including an embryo or fetus as of December 31, 1995) born or adopted, before January 1, 1996 (referring to January 1, 2000 in case under the amended provisions of Article 47 of the same Act) which is the enforcement date of the same Act after the public official retired from office before December 31, 1995, parents, grand children (including an embryo or fetus as of December 31, 1995), and grandparents.
Article 23 (Transitional Measures concerning Payment of Accident Compensation Benefits)
Notwithstanding the amended provisions of the proviso to Article 26 (1) of the Public Officials Pension Act (Act No. 6328), benefits for a disease, injury, disability or death in the line of duty, for which grounds for benefits have occurred in a local government before December 31, 2001, shall be paid by the local government, and benefits to be continually paid in and after 2002 shall be paid by the GEPS, beginning on January 1, 2002.
Article 24 (Transitional Measures concerning Disability Pension and Disability Compensation)
The amended provisions of Article 51 (1) of the Public Officials Pension Act (Act No. 6328) shall also apply where a public official who retires from office as of January 1, 2001 which is the enforcement date of the same Act becomes disabled.
Article 25 (Transitional Measures following Repeal of the Act on Compensation to Public Officials Who Lost Their Lives in the Course of Performing Dangerous Duties)
(1) Survivors’ benefits for a public official who died in the line of duty and the recipients of such benefits under the Act on Compensation to Public Officials Who Lost Their Lives in the Course of Performing Dangerous Duties as of January 1, 2010 which is the enforcement of the Public Officials Pension Act (Act No. 9905) (hereafter referred to as the “same Act” in this Article), shall be deemed survivors’ benefits for a public official who died in the line of duty and the recipients of such benefits under the same Act.
(2) The scope of pubic officials who died in the line of duty eligible for the payment of survivors’ benefits for a public official who died in the line of duty under the same Act shall be as prescribed in the applicable examples under paragraph (2) of the Addenda to the Act on Compensation to Public Officials Who Lost Their Lives in the Course of Performing Dangerous Duties (Act No. 7907).
Article 26 (Transitional Measures concerning Payment of Survivors’ Pension)
Notwithstanding the deletion of Article 11 of the Addenda to the Public Officials Pension Act (Act No. 9905), the provisions prior to being amended by the Public Officials Pension Act (Act No. 13387) (hereafter referred to as the “same Act” in this Article) shall apply to a person who has been receiving a survivors’ pension before January 1, 2016 which is the enforcement date of the same Act.
Article 27 (Transitional Measures concerning Change of Terms including Public Official Who Died in Line of Duty)
(1) A public official who died in the line of duty, survivors’ benefits for a public official who died in the line of duty, and the recipient thereof under the provisions prior to being amended by the Public Officials Pension Act (Act No. 13927) as of July 28, 2016 which is the enforcement date of the same Act, shall be deemed a public official who died in the line of duty while under danger, survivors’ benefits for a public official who died in the line of duty while under danger, and the recipient thereof under the same Act.
(2) A deceased person who is recognized as eligible for the payment of survivors’ compensation pursuant to the provisions prior to being amended by the Public Officials Pension Act (Act No. 13927) as of July 28, 2016 which is the enforcement date of the same Act, shall be deemed a public official who died in the line of duty under the same Act.
(3) Survivors' compensation and the recipient thereof under the provisions prior to being amended by the Public Officials Pension Act (Act No. 13927) as of July 28, 2016 which is the enforcement date of the same Act, shall be deemed survivors’ compensation for a public official who died in the line of duty and the recipient thereof under the same Act.
Article 28 (Preparations for Enforcement of Act)
If deemed necessary for the enforcement of this Act, the Minister of Personnel Management may take necessary measures, such as the appointment of members of the Public Officials’ Accident Compensation Deliberative Committee under Article 7 and the appointment of members of the Public Officials’ Accident Compensation Pension Committee, establishment of an administrative organization, and employment of professional human resources under Articles 52 and 53, before this Act enters into force.
Article 29 Omitted.
Article 30 (Relationship to Other Statutes and Regulations)
Where any other statute or regulation cites the previous Public Officials Pension Act or any provision thereof as at the time this Act enters into force, it shall be deemed to have cited this Act or the relevant provisions of this Act in lieu of the previous provisions thereof, if any provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 15554, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on September 21, 2018. (Proviso Omitted.)
Articles 2 through 9 Omitted.