CHAPTER I GENERAL PROVISIONS
| Article 2 (Criteria for Recognizing Survivors) |
The criteria for recognizing dependents of a current or former member of the armed forces under subparagraph 2 of Article 3 of the Military Accident Compensation Act (hereinafter referred to as the "Act") at the time of his or her death shall be as listed in attached Table 1.
| Article 3 (Detailed Criteria for Recognizing Line-of-Duty Accidents) |
| (1) | "Act prescribed by Presidential Decree" in the proviso of subparagraph 2 of Article 4 of the Act means any of the following acts: |
| 1. | An act committed by a person, who has received or is receiving treatment for mental illness arising from or in connection with the performance of official duties, while in a state where his or her normal cognitive ability, etc. is significantly reduced; |
| 2. | An act committed by a person, who is under treatment due to a line-of-duty injury or illness, while in a state where his or her normal cognitive ability, etc. is significantly reduced: |
| 3. | An act committed by a person while in a state of significantly reduced cognitive ability, etc. directly caused by beating, verbal abuse, cruelty relating to the performance of his or her duties or education and training, heavy workload, or the like; |
| 4. | Other acts corresponding to those prescribed in subparagraphs 1 through 3, recognized by the Minister of National Defense as having a proximate causal relationship to the line of duty. |
| (2) | Detailed criteria for recognizing line-of-duty accidents under Article 4 (1) of the Act shall be as specified in attached Table 2. |
| Article 4 (Chairperson of Military Accident Compensation Council) |
| (1) | The Chairperson of the Military Accident Compensation Council (hereinafter referred to as the “Chairperson”) referred to in Article 5 of the Act (hereinafter referred to as the “Council”) shall represent the Council and preside over the affairs of the Council. |
| (2) | When the Chairperson is unable to conduct his or her duties due to unavoidable causes, a member appointed by the Chairperson shall act on his or her behalf. |
| Article 5 (Meetings of Military Accident Compensation Council) |
| (1) | The Chairperson shall convene and preside over meetings of the Council. |
| (2) | At least five of the members of the Council shall constitute a quorum under Article 6 (5) of the Act, and any resolution by the Council shall require the concurring vote of a majority of those present. |
| Article 6 (Allowances for Military Accident Compensation Council) |
Members who attend a Council meeting may be paid allowances and reimbursed for travel expenses within the budget: Provided, That where a member is a public official (including a member of the armed forces) directly involved in the affairs of military accident compensation, this shall not apply.
| Article 7 (Dismissal or Decommissioning of Council Members) |
Where a Council member falls under any of the following cases, the Minister of National Defense may dismiss or decommission the member:
| 1. | Where he or she becomes unable to perform the duties due to a mental or physical disability; |
| 2. | Where he or she engages in any misconduct in connection with the duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duties, loss of dignity, or any other reason; |
| 4. | Where he or she voluntarily admits that it is impracticable for him or her to perform his or her duties as a member. |
| Article 8 (Detailed Operational Rules of Council) |
Other than those prescribed by this Decree, matters necessary for operating the Council shall be determined by the Chairperson, subject to resolution by the Council.
SECTION 1 General Provisions
| Article 9 (Confirmation of Reasons for, and Determination of, Benefits) |
| (1) | Where a person entitled to benefits claims benefits pursuant to Article 7 of the Act, the Chief of Staff of the Army, Navy, or Air Force shall investigate and verify the occurrence of the reasons for the benefits, the service period, and other matters regarding the status of a current or former member of the armed forces and submit the investigation results to the Minister of National Defense: Provided, That benefits determined by the Chief of Staff of each armed force under Article 61 (1) shall be excluded herefrom. |
| (2) | Upon receipt of a claim for benefits under Article 8 (1) of the Act, the Minister of National Defense shall determine the amount of benefits and notify the claimant of benefits within 30 days from the date the claim is received. |
| Article 10 (Methods of Benefit Payment) |
| (1) | Benefits shall be paid into a savings account held at a financial company or similar entity (referring to a financial company or similar entity under Article 17 (1) 1 of the Act; hereinafter the same shall apply) or a postal office or the like, which has branches in the Republic of Korea, as designated by persons entitled to benefits: Provided, That where it is deemed necessary for the protection of an entitlement to benefits pursuant to Article 17 of the Act, the Minister of National Defense may determine otherwise. |
| (2) | In cases falling under the main clause of paragraph (1), benefits deposited in a savings account of a person entitled to benefits shall be deemed received by the person himself or herself. |
| Article 11 (Reference Date for Computation of Benefits) |
| (2) | Where reasons for benefits arise due to retirement or after retirement, the date reasons for benefits arise, which is the basis for computing the amount of average base monthly income of all public officials pursuant to Article 9 (2) of the Act (hereinafter referred to as "amount of average base monthly income of all public officials"), shall be deemed the date immediately preceding the date of retirement. |
| (3) | Notwithstanding paragraph (1), where reasons for benefits falling under any of the following subparagraphs arise between January and April of the pertinent year, before determining and applying the amount of base monthly income based on the income accrued over the previous year, such amount of base monthly income shall be the amount calculated pursuant to Article 3 (2) of the Enforcement Decree of the Military Pension Act: |
| 2. | A survivor’s disability pension under Article 34 of the Act (hereinafter referred to as “survivor’s disability pension”); |
| 3. | A survivor’s pension for line-of-duty death under Article 35 of the Act (hereinafter referred to as "survivor’s pension for line-of-duty death"); |
| 4. | A survivor’s lump-sum benefits for line-of-duty death under Article 36 of the Act (hereinafter referred to as "survivor’s lump-sum benefits for line-of-duty death"). |
| (4) | Notwithstanding paragraphs (1) and (3), where reasons for a disability pension arise in the pertinent year after an increase in the amount of monthly pay resulting from promotion, transfer of a position, or the like, the base monthly income shall be the amount calculated pursuant to the main clause, with the exception of the subparagraphs, of Article 3 (3) of the Enforcement Decree of the Military Pension Act; and where reasons for a survivor's pension for line-of-duty death arise, the base monthly income shall be calculated in accordance with the proviso, with the exception of the subparagraphs, of the same paragraph. |
| Article 12 (Method of Paying Benefits to Representative of Survivors) |
| (1) | If two or more survivors eligible for benefits have the same priority ranking and if a representative is appointed from among the survivors in the same priority ranking or their legal representatives and such representative is delegated with the receipt of benefits payable to all the survivors, the Minister of National Defense may pay the entire amount to the representative instead of dividing the benefits equally among the survivors as prescribed in Article 10 (2) of the Act. |
| (2) | The delegation under paragraph (1) shall be made by submitting a report regarding the appointment of a representative of survivors to the Minister of National Defense, together with the documents described as follows, as prescribed by Ordinance of the Ministry of National Defense: |
| 1. | Where a person making such delegation is an adult: A copy of an identification card issued by public institutions that can confirm the identity of the person making such delegation, such as his or her resident registration certificate; |
| 2. | If a person making such delegation is a minor: A copy of an identification card issued by a public institution, which makes it possible to identify the legal representative of the minor, such as his or her resident registration card. |
| Article 13 (Special Cases concerning Recipients of Benefits) |
| (1) | "Maximum amount prescribed by Presidential Decree" in Article 11 (1) of the Act means the amount of money described as follows: Provided, That death compensation under Article 39 of the Act (hereinafter referred to as "death compensation") shall not be counted towards the amount available for a person who was a member of armed forces pursuant to paragraph (4). |
| 1. | Benefits payable as a pension among the benefits prescribed in Article 7 of the Act: An amount obtained by multiplying the amount of three years of original pension benefits at the time of death by the rate calculated by the following formula: |
[36 - (The number of months the deceased would have been able to received pension benefits until his or her death)] x 1/36
| 2. | Survivor's lump-sum benefits for line-of-duty death and death compensation among the benefits prescribed in Article 7 of the Act: 1/2 of the amount of the original benefits; |
| 3. | Benefits prescribed in Article 7 of the Act, other than those falling under subparagraphs 1 and 2: The full amount of the original benefits. |
| (2) | Where a lineal descendant or lineal ascendant of a current or former member of the armed forces, who is not a survivor of such member, intends to receive benefits pursuant to Article 11 of the Act, he or she shall submit a written claim for special case benefits (including a written claim in an electronic form) accompanied by his or her family relation certificate to the Chief of Staff of the armed forces in which the member has served; and the Chief of Staff shall examine and verify the submitted details, and submit it to the Minister of National Defense. |
| (3) | Article 12 shall apply mutatis mutandis to the methods of paying benefits if a current or former member of the armed forces has two or more lineal descendants or lineal ascendants who are not survivors under paragraph (2). |
| (4) | Where there is no lineal descendant or lineal ascendant of a current or former member of armed forces, who is not a survivor of such member, to receive benefits under Article 11 of the Act, the Minister of National Defense shall pay the benefits to the relatives of such member or to the Chief of Staff of the armed forces in which the member has served in order to prepare a grave, utensils used in ancestral rites, or cenotaph for such member. |
| Article 14 (Timing for Payment of Pension) |
| (1) | Benefits payable as a pension shall be paid on the 25th day of each month pursuant to Article 12 (3) of the Act and, if the payment date is a Saturday or a public holiday, they shall be paid on the day immediately preceding such date. |
| (2) | Notwithstanding paragraph (1), where an entitlement to benefits is extinguished or a ground for suspending payment arises, benefits accrued up until the relevant month may be paid in a lump sum before the payment date. |
| Article 15 (Issuance of Pension Certificate) |
| (1) | The Minister of National Defense shall issue a pension certificate to each person who receives benefits payable as a pension (hereinafter referred to as “pension beneficiary"). |
| (2) | Where a pension beneficiary to whom a pension certificate has been issued pursuant to paragraph (1) loses the pension certificate or the pension certificate is worn out, he or she may apply for the re-issuance of the pension certificate. |
| Article 16 (Recovery of Benefits) |
| (1) | "Interest and recovery expenses prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 15 (1) of the Act means the interest and recovery expenses as described below: |
| 1. | Interest: Interests shall accrue from the date immediately following the date the recipient receives the benefits to the date the Minister of National Defense determines and notifies the amounts of benefits to be recovered and interest thereon by applying the highest interest rate among the interest rates on time deposits applied by banks with operations across the country (hereinafter referred to as "bank with nationwide branches") as of January 1 of the pertinent year from among the banks established under the Banking Act, and the interest shall be added to the benefits on an annual basis so that the amount of interest can be thereafter calculated based on such added amount: Provided, That where a person liable to pay an amount subject to recovery under Article 15 (2) of the Act fails to pay it by the payment deadline, the overdue interest shall accrue from the day immediately following the payment deadline to the date of payment, by applying the interest that is twice the highest interest rate among the interest rates on time deposits applied by banks with nationwide branches as of January 1 of each pertinent year. |
| 2. | Recovery expenses: Referring to the amount assessed by the Minister of National Defense (in cases of recovering death compensation, referring to the Minister of Patriots and Veterans Affairs; hereafter the same shall apply in this Article), such as travel expenses for investigations relating to the recovery of benefits and other expenses incurred in recovery. |
| (2) | Where a person who has received benefits or the head of an agency entrusted with the payment of benefits pursuant to Article 61 (5) becomes aware of a fact falling under any subparagraph of Article 15 (1) of the Act, he or she shall report or notify the Minister of National Defense of such fact without delay. |
| (3) | When the Minister of National Defense becomes aware of any ground for the recovery of benefits via the report or notice provided under paragraph (2) or by other means, he or she shall conduct an investigation without delay and send a written notice requesting return of the amount subject to recovery to the person who has received benefits (hereinafter referred to as "written notice requesting return"). |
| (4) | A person who has received a written notice requesting return pursuant to paragraph (3) shall, within 30 days from the date of receiving the notice, pay the amount subject to recovery to an institution designated by the Minister of National Defense to receive national funds ; and the institution designated to receive national funds shall, upon receipt of such funds, send a notice confirming receipt to the Minister of National Defense without delay: Provided, That where a person who has received a written notice requesting return falls under Article 15 (1) 3 or 4 of the Act, he or she may, by the payment deadline, submit to the Minister of National Defense an application to pay the amount subject to recovery in installments and, upon receiving approval therefor, pay it in monthly installments from the month following the month in which approval is granted, with the number of installments being determined as described below: |
| 1. | Where the amount to be returned is less than 10 million won: 20 installments; |
| 2. | Where the amount to be returned is at least 10 million won but less than 20 million won: 40 installments; |
| 3. | Where the amount to be returned is at least 20 million won: 60 installments. |
| (5) | In cases of the payment in installments provided in the proviso, with the exception of the subparagraphs, of paragraph (4), the interest shall be calculated by applying the interest rate under paragraph (1) 1 to the amount subject to recovery to be paid during the period of installment payment, and in such cases, the amount to be paid in installments shall be calculated by equally dividing the principal and interest by the number of installments: Provided, That in cases falling under Article 15 (1) 4 of the Act, where benefits have been erroneously paid in the first place due to an error or omission by the Minister of National Defense, no interest shall accrue thereon. |
| (6) | Where a person who is approved for installment payments of an amount subject to recovery based on the proviso, with the exception of the subparagraphs, of paragraph (4) fails to make installment payments for at least three months, the Minister of National Defense may revoke approval for payment in installments and may recover the amount subject to recovery and interest for arrears in a lump sum. |
| (7) | In any of the following cases, the Pension Service Agency may collect such amount in the same manner as delinquent national taxes under Article 15 (3) of the Act: |
| 1. | Where an amount that shall be returned by the payment deadline (referring to the deadline for the final installment payment where installment payments have been approved as prescribed in the main clause, with the exception of the subparagraphs, of the same paragraph) is not fully paid; |
| 2. | Where an amount subject to recovery and overdue interest are to be recovered in a lump sum under paragraph (6). |
| (1) | The Minister of National Defense (including persons delegated with the authority of the Minister of National Defense pursuant to Article 61 (2) and (3)) may write off the benefits subject to recovery pursuant to Article 15 (4) 3 of the Act in any of the following cases: |
| 1. | Where the whereabouts of the defaulter is unknown for a long period or the defaulter is found to have no property; |
| 2. | When the recovery of benefits is deemed impracticable due to other unavoidable reasons. |
| (2) | Upon write-offs under Article 61 (2) and (3), a person delegated with the authority of the Minister of National Defense shall report the result thereof to the Minister of National Defense. |
| Article 18 (Third Party's Compensation for Damage and Mediation) |
| (1) | Where a member of armed forces is injured, sick, disabled, or dies due to a harmful act committed by a third person, a person entitled to line-of-duty care benefits under Article 20 of the Act (hereinafter referred to as "line-of-duty care benefits"), a disability pension, survivor’s pension for line-of-duty death, or the like and the head of a health care institution or military hospital shall without delay report such fact to the commanding officer of the military unit in which the member is serving. |
| (2) | Upon receiving a report under paragraph (1), the commanding officer of the military unit in which a member of armed forces is serving shall, without delay, investigate the events leading to the harmful act and matters regarding compensation for damage under the Compulsory Motor Vehicle Liability Security Act or any other statutes and regulations, and report the investigation results to the Minister of National Defense. |
| (3) | "Amount prescribed by Presidential Decree" in the main clause of Article 19 (1) of the Act means the amount described as follows: |
| 1. | In cases of line-of-duty care benefits: The full amount paid as line-of-duty care benefits; |
| 2. | In cases of a disability pension or survivor’s pension for line-of-duty death: An amount of up to five years of benefits of a disability pension or a survivor’s pension for line-of-duty death as of the month following the month in which a reason for the relevant benefits arises, minus the amount of benefits corresponding to contributions paid during the service period. |
| Article 19 (Investigation into Personal Affairs of Recipients of Pensions) |
| (1) | In order to ascertain a change in the entitlement to pension or extinguishment, etc. of such entitlement under Article 52 (1) of the Act, the Minister of National Defense may investigate a pension beneficiary, his or her family, or the like to ascertain whether the pension beneficiary is deceased, divorced, or makes a living or may request submission of relevant data. |
| (2) | Where a pension beneficiary lives in a foreign country or goes on board an ocean-going vessel, he or she may appoint a person having a domicile in the Republic of Korea as his or her representative, and where he or she appoints a representative, the pension beneficiary shall submit a letter of appointment of the representative to the Minister of National Defense, as prescribed by Ordinance of National Defense. |
| (3) | A pension beneficiary who has acquired the citizenship or permanent resident status of a foreign country and resides in a foreign country for at least one year shall, by December 31 of the pertinent year, submit a personal information notification of a foreign resident, stating changes in status, family relationship, etc. as of October 31 of that year, to the Minister of National Defense as prescribed by Ordinance of the Ministry of National Defense. In such cases, such personal information notification shall be confirmed by the head of the diplomatic or consular mission abroad before submission or shall be submitted together with notarized documents substantiating the details of the notification or with a confirmation of residence issued by a public institution of the country where the beneficiary resides. |
| (4) | The Minister of National Defense (including persons delegated with the authority of the Minister of National Defense pursuant to Article 61 (1) through (3)) shall make a request to the head of a relevant administrative agency to investigate the personal circumstances of a pension beneficiary once a year in order to examine matters regarding the status of the pension beneficiary and the like pursuant to Article 52 (2) of the Act. |
| (5) | Upon receiving a request to investigate personal circumstances of a pension beneficiary under paragraph (4), the head of a relevant administrative agency shall conduct such investigation and notify the Minister of National Defense of the investigation results without delay. |
| Article 20 (Application for Change of Types of Disability Pension) |
| (1) | Where a person who has applied for a disability pension or survivor's lump-sum benefits for line-of-duty death intends to change the type of the benefits, he or she shall file with the Minister of National Defense an application to change the type of benefits, such as a disability pension, before payment of the benefits begins or within 30 days from the date of payment (referring to the initial payment date in cases of benefits as a pension). |
| (2) | Where a person changes the type of benefits under paragraph (1), he or she shall repay the benefits already received plus pro rata interest thereon (the highest interest rate from among the interest rates on time deposits applied by banks with nationwide branches as of January 1 of each corresponding year) accrued from the date immediately following the date of the receipt of benefits to the date of the return of benefits. |
| (3) | In filing an application for change of the type of a disability pension under paragraph (1), a person who has filed a claim for divided pension benefits or divided lump-sum benefits under Article 32 (1) of the Act and a person who has filed a claim for divided pension benefits in advance under Article 25 of the Military Pension Act which applies mutatis mutandis under paragraph (6) of Article 32 of the Act shall equally be deemed to have filed an application for change of the type of a disability pension. |
SECTION 2 Line-of-Duty Care Benefits
| Article 21 (Approval for Line-of-Duty Care) |
| (1) | Where a current or former member of armed forces intends to receive medical care at a health care institution referred to in Article 42 of the National Health Insurance Act (hereinafter referred to as "health care institution") under Article 20 of the Act, the current or former member of armed forces (including a person delegated by the current or former member of armed forces; hereinafter referred to as "member of armed forces, etc.") shall submit an application for approval for line-of-duty care accompanied by the following documents to the Chief of Staff of the armed forces in which he or she serves or has served: Provided, That he or she may submit such application after commencing the line-of-duty care if he or she cannot obtain a prior approval due to unavoidable circumstances prescribed by Ordinance of the Ministry of National Defense, such as in cases where treatment is urgently necessary: |
| 1. | A diagnostic certificate issued by the head of a health care institution, specifying the period of medical care; |
| 2. | A written resolution approving treatment at a health care institution issued by the head of a military hospital. |
| (2) | The Chief of Staff in receipt of an application for approval for line-of-duty care pursuant to paragraph (1) shall examine and verify the events leading to the injury or illness and submit the application attached with the following documents to the Minister of National Defense within seven days from the date such application is received: |
| 1. | A copy of the notification of the results of the medical examination; |
| 2. | An investigation report on the events leading to the injury or illness. |
| (3) | The Minister of National Defense in receipt of an application pursuant to paragraph (2) shall determine whether to approve the line-of-duty care and the period of medical care (limited to where he or she grants approval therefor), and send the written decision to the applicant, the Chief of Staff of the armed forces in which the person who intends to receive line-of-duty care serves, and the National Health Insurance Corporation referred to in Article 13 of the National Health Insurance Act entrusted with the payment of line-of-duty care benefits under Article 61 (5). |
| Article 22 (Extending Period of Line-of-Duty Care) |
| (1) | Where a current or former member of the armed forces intends to receive medical care in excess of the period of medical care approved pursuant to Article 21 (3), or to extend the period of medical care after two years of actual medical care pursuant to the proviso of Article 20 (2) of the Act, the member of armed forces, etc. shall submit to the Minister of National Defense an application for extension of the period of line-of-duty care accompanied by a diagnostic certificate (limited to a certificate issued by a health care institution, stating opinion from a doctor regarding details of necessary medical care, whether to extend the period of medical care, and period necessary for medical care). |
| (2) | The Minister of National Defense in receipt of an application for extension of a period of line-of-duty care under paragraph (1) shall determine whether to approve the extension of such period and the period of medical care (limited to where he or she grants approval therefor), and send the written decision to the applicant, the Chief of Staff of the armed forces in which the person who intends to extend the period of the line-of-duty care serves, and the National Health Insurance Corporation. |
| (3) | In determining the extension of the period of line-of-duty care under paragraph (2), the Minister of National Defense may determine whether to grant approval for the extension and the period of medical care in consultation with medical care advisors commissioned under Article 23 or subject to deliberation by the Council, where he or she deems that sophisticated medical opinion is required to determine, among other things, whether the injury or illness for which approval for line-of-duty care has been granted under Article 21 (3) is the same as the injury or illness subject to the extension of the period of medical care. |
| (4) | Where the Minister of National Defense intends to determine whether to grant approval for the extension and the period of medical care subject to deliberation by the Council pursuant to paragraph (3), he or she shall notify the relevant member of armed forces, etc. of such fact in advance. |
| Article 23 (Appointment of Medical Care Advisors) |
Where a current or former member of the armed forces receives medical care at a health care institution other than a military hospital, the Minister of National Defense may commission an expert in the medical field as a medical care advisor to receive advice on necessary matters, such as the examination on line-of-duty care benefits, the extension of the period of line-of-duty care, and line-of-duty care for additional injury or illness.
| Article 24 (Requirements and Procedures for Additional Medical Care) |
| (1) | Where a current or former member of armed forces applies for additional medical care pursuant to Article 21 (1) of the Act, he or she shall meet all the following requirements: |
| 1. | There shall be a proximate causal relationship between the line-of-duty injury or illness cured and the injury or illness subject to additional medical care; |
| 2. | It shall be recognized that the injury or illness subject to additional medical care needs active treatments such as operations (including revision surgeries on amputated parts to remove internal fixators such as metal pins inserted through intramedullary nailing and to implant prosthesis). |
| (2) | Where a current or former member of the armed forces intends to receive additional medical care pursuant to Article 21 (1) of the Act, the member of armed forces, etc. shall submit to the Minister of National Defense an application for approval for additional medical care accompanied by the following documents, as prescribed by Ordinance of the Ministry of National Defense: |
| 1. | A written resolution approving treatment at a health care institution issued by the head of a military hospital; |
| 2. | A diagnostic certificate (limited to a certificate issued by a health care institution, stating opinion from a doctor regarding details of necessary additional medical care and period necessary for medical care); |
| 3. | A copy of medical records relating to medical care under Articles 21 and 22; |
| 4. | A copy of medical opinions under Article 21 (1) of the Act and of medical records substantiating the reasons under the subparagraphs of paragraph (1). |
| (3) | The Minister of National Defense in receipt of an application for approval for additional medical care pursuant to paragraph (2) shall determine whether to approve the additional medical care and the period of additional medical care (limited to where he or she approves additional medical care) and send the written decision to the applicant, the Chief of Staff of the armed forces in which the person intends to receive additional medical care serves, and the National Health Insurance Service. In such cases, where the Minister of National Defense deems it necessary in order to decide whether to approve additional medical care, he or she may require a medical examination at a military hospital or a health care institution designated by the Minister of National Defense, and the expenses thereof shall be borne by the Minister of National Defense. |
| (4) | With respect to an extension of the period of additional medical care under Article 21 (3) of the Act, Article 22 shall apply mutatis mutandis. In such cases, "where a current or former member of the armed forces intends to receive medical care in excess of the period of medical care approved pursuant to Article 21 (3), or to extend the period of medical care after two years of actual medical care pursuant to the proviso of Article 20 (2) of the Act" shall be construed as "where a current or former member of the armed forces intends to extend the period of additional medical care under Article 21 (3) of the Act,” and “period of medical care” as “period of additional medical care,” and “approval for medical care under Article 21 (3)” as “approval for additional medical care under Article 24 (3).” |
| Article 25 (Standards for Payment of Line-of-Duty Care Benefits) |
| (1) | "Circumstances prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 23 (2) of the Act means any of the following cases: |
| 2. | Where the person is injured or suffers from an illness exceeding the service capability of a military hospital. |
| (2) | "Medical care benefits prescribed by Presidential Decree" in Article 23 (2) 3 of the Act means the following medical care benefits: |
| 1. | Medical care benefits prescribed by the Minister of National Defense, necessary to cover expenses for medicine, medical treatments, procedures (including cosmetic surgery), apparatus, and the like, where it is impracticable to receive ordinary treatment with medical care prescribed in Article 23 (2) 1 and 2 of the Act or where a separate medical care is necessary since it is impracticable to live an ordinary social life after treatment; |
| 2. | Medical care benefits prescribed by the Minister of National Defense in excess of the fees covered under medical care benefits prescribed in subparagraph 1 and 2 of Article 23 (2) of the Act. |
| Article 26 (Application for and Payment of Line-of-Duty Care Benefits) |
| (1) | A health care institution which intends to claim line-of-duty care benefits under Article 24 (1) of the Act shall file a written claim for medical expenses accompanied by a detailed statement thereof with the National Health Insurance Service. |
| (2) | Where the National Health Insurance Service pays the relevant medical expenses to a health care institution based on a written claim for medical expenses under paragraph (1), it shall submit to the Minister of National Defense a written claim for line-of-duty care benefits accompanied by a detailed statement thereof; and the Minister of National Defense shall examine it and pay the line-of-duty care benefits to the National Health Insurance Corporation within one month. |
| Article 27 (Medical Care at Medical Institutions, Other Than Health Care Institutions) |
| (1) | Where medical care is commenced at a medical institution other than a health care institution pursuant to Article 25 (1) of the Act, a person who receives medical care or a person entrusted by such person shall without delay apply for approval for line-of-duty care under Article 21. In such cases, a statement of the reasons why medical care cannot be given at a health care institution shall be attached. |
| (2) | Where a person who has completed medical care at a medical institution other than a health care institution intends to receive medical care benefits, he or she shall file a claim with the National Health Insurance Service according to the procedures prescribed in the National Health Insurance Act. |
| Article 28 (Change of Health Care Institutions) |
When a person who is receiving medical care intends to change his or her health care institution, he or she shall submit a copy of the written decision on approval for line-of-duty care referred to in Article 21 (3) to the new health care institution where he or she wishes to receive medical care.
| Article 29 (Termination of Medical Care) |
| (1) | Where the Minister of National Defense deems that a person receiving medical care or additional medical care due to line-of-duty injury or illness is expected to see no medical treatment effect even if treatment continues, he or she may terminate medical treatment under the Act or this Decree, subject to deliberation of the Council. |
| (2) | Where the Minister of National Defense intends to terminate medical treatment under paragraph (1), he or she shall notify the relevant member of armed forces, etc. of such fact in advance. |
SECTION 3 Disability Pension
| Article 30 (Claim for Disability Pension) |
A person who intends to receive a disability pension under Article 26 of the Act shall submit a written claim for disability pension to the Chief of Staff of the armed forces in which he or she has served, as prescribed by Ordinance of the Ministry of National Defense; and the Chief of Staff shall investigate and verify the matters stated in Article 9 (1) and submit to the Minister of National Defense the written claim accompanied by an investigation report on events leading to the disability issued by the commanding officer of the military unit (referring to the commanding officer of a regiment or a military unit equivalent thereto) in which the claimant has served.
| Article 31 (Decision on Rating for Disability Pension) |
| (1) | The standards for the rating of a disability pension under the subparagraphs of Article 27 (1) of the Act (hereinafter referred to as "disability rating") shall be as specified in attached Table 3. |
| (2) | Where a disability not prescribed in attached Table 3 exists, the disability rating shall be determined based on the degree of the disability by referring to similar disabilities prescribed in the disability rating. |
| (3) | Where a current or former member of armed forces has at least two disabilities falling under any of Grade 2 through Grade 7 under Article 29 of the Act, the two greatest disabilities shall be rated respectively as listed in attached Table 3 and, based on the disability grades, a combined disability rating shall be determined as listed in attached Table 4. |
| (4) | Except as provided in paragraphs (1) through (3), detailed standards for disability rating shall be prescribed by Ordinance of the Ministry of National Defense. |
| Article 32 (Change of Disability Rating) |
| (1) | A person entitled to a disability pension (hereinafter referred to as "eligible beneficiary of a disability pension") who intends to change a disability rating pursuant to Article 28 (1) of the Act shall submit to the Minister of National Defense an application for change of disability rating for disability pension accompanied by a diagnostic certificate issued by the head of a health care institution or the head of a military hospital. |
| (2) | The Minister of National Defense in receipt of an application for change of a disability rating under paragraph (1) shall conduct a physical examination in a military hospital in order to ascertain the disability of the eligible beneficiary of the relevant disability pension: Provided, That excluded herefrom is a person who has submitted a diagnostic certificate of disability for military accident compensation issued by the head of a military hospital. |
| (3) | Where it is necessary to ascertain a disability of an eligible beneficiary of a disability pension, the Minister of National Defense may conduct ex officio a physical examination on the eligible beneficiary of a disability pension in a military hospital. |
| Article 33 (Extinguishment of Entitlement to Disability Pension) |
| (1) | When an eligible beneficiary's entitlement to a disability pension is extinguished pursuant to Article 28 (2) of the Act, the Minister of National Defense shall send the eligible beneficiary a notice requiring return of the pension certificate accompanied by a copy of a written deliberation statement of the Council. |
| (2) | A person who intends to receive retirement pension under Article 28 (3) of the Act shall file a written claim therefor with the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
| (3) | The Minister of National Defense shall, in receipt of a written claim under paragraph (2), reissue a certificate of pension. |
| (4) | A person who intends to receive the amount equivalent to the difference pursuant to Article 28 (4) of the Act shall submit a written claim therefor to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
| Article 34 (Reporting on Loss of Entitlement to Disability Pension) |
Where an eligible beneficiary of a disability pension dies, his or her survivor or relative shall submit to the Minister of National Defense a report on the loss of the entitlement to a disability pension (including a report in electronic form) accompanied by the following documents (including electronic documents) within 30 days from the date of death, as prescribed by Ordinance of the Ministry of National Defense:
| 1. | A family relation certificate of the eligible beneficiary of a disability pension; |
| 2. | A death certificate (applicable only where it is impossible to confirm the death by a family relation certificate). |
| Article 35 (Disability Pension for Missing Persons) |
| (1) | Where an eligible beneficiary of a disability pension is missing for at least one year and his or her heir intends to receive a disability pension pursuant to Article 31 of the Act, he or she shall submit a written claim for a disability pension, along with documents substantiating that the eligible beneficiary of the disability pension has been missing for at least one year, to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
| (2) | A substantiation of the fact that an eligible beneficiary of a disability pension has been missing for at least one year under paragraph (1) shall be as verified by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), the chief of a police station, or the Chief of Staff of the armed forces in which the beneficiary has served. |
| (3) | "Interest prescribed by Presidential Decree" in the proviso of Article 31 (3) of the Act and the latter part of paragraph (4) of the same Article means, respectively, the highest interest rate among the interest rates on time deposits applied by banks with nationwide branches as at January 1 of each relevant year. |
| (4) | A person who intends to receive the amount equivalent to the difference of a disability pension under the latter part of Article 31 (4) of the Act shall submit a written claim therefor to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
| Article 36 (Marriage Period Not Counted Towards Split Pension and Lump-Sum Payment) |
| (1) | In calculating a marriage period under Article 32 (1) of the Act, any of the following periods shall be excluded from the marriage period: |
| (2) | Notwithstanding paragraph (1), any of the following periods shall be excluded from the marriage period: |
| 1. | The period for which the parties to divorce agree that a de facto marital relationship did not exist; |
| 2. | The period for which it is recognized that a de facto marital relationship did not exist by court proceedings, etc. |
| (3) | Where there is any period falling under paragraphs (1) and (2), an eligible beneficiary of a disability pension or an eligible beneficiary of divided pension benefits or divided lump-sum benefits under Article 32 (1) of the Act shall report such fact to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
SECTION 4 Disability Compensation
| Article 37 (Scope of Recognition of Injury Incurred in Performance of Special Duties and Additional Allowances for Disability Compensation) |
| (2) | "Working during a period of overseas assignment prescribed by Presidential Decree" in Article 33 (3) of the Act means service during a period of overseas assignment under Article 4 of the Regulations on the Payment of Overseas Secondment Stipend to Military Personnel and Civilian Personnel in Military Service. |
| (3) | "Amount prescribed by Presidential Decree" in Article 33 (3) of the Act means the amount as described below, based on the amount for Area A under Article 14 of the Regulations on Allowances for Public Officials and subparagraph 4 (a) (i) of attached Table 11 [in cases of a member of armed forces ranked up to a first lieutenant, referring to an amount paid to a captain stationed in Area A multiplied by rank-adjusted rates; hereinafter referred to as “amount of overseas service allowance for Area A”]: |
| 1. | Cases falling under Article 33 (1) 3 (a) of the Act: 12 times of the amount of overseas service allowance for Area A (referring to the amount paid for the month in which the date immediately preceding the date of retirement falls; hereafter in this paragraph the same shall apply) by rank during the month; |
| (4) | The exchange rate applied to the calculation of the amount referred to in paragraph (3) shall be the basic exchange rate publicly notified on the first day of the month in which the date immediately preceding the date of death or retirement falls (referring to the next day in cases of legal holidays). |
| (5) | When determining a mental or physical disability in a military hospital under Article 33 (4) of the Act, an investigation shall be conducted, as prescribed by Ordinance of the Ministry of National Defense. |
SECTION 5 Accident Benefits for Survivors
| Article 38 (Claims for Survivor’s Disability Pension) |
| (1) | A person who intends to receive a survivor’s disability pension under Article 34 of the Act shall submit a written claim for a survivor’s disability pension (including a written claim in an electronic form) accompanied by the following documents (including electronic documents) to the Chief of Staff of the armed forces in which the deceased or former member of armed forces has served: Provided, That where a survivor of a beneficiary of a disability pension files a claim for survivor’s disability pension due to the death of the beneficiary, a written claim (including a written claim in an electronic form) shall be submitted to the Minister of National Defense: |
| 1. | Family relation certificate (only applicable to a spouse, child, or parent); |
| 2. | A diagnostic certificate issued by the head of a health care institution or the head of a military hospital, substantiating that a person is pregnant (only applicable to cases where a current or former member of the armed forces was pregnant at the time of her death); |
| 3. | A diagnostic certificate issued by the head of a health care institution or the head of a military hospital (limited to where a child who intends to receive a survivor’s disability pension is at least 19 years of age and has a disability falling under attached Table 3). |
| (2) | Upon receipt of a claim for a survivor’s disability pension under paragraph (1) or the main clause of Article 9 (1), the Minister of National Defense shall, if necessary under Article 2 and attached Table 1, verify a certified copy of household register through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That in cases where the claimant does not consent to the verification, he or she shall attach the certified copy of household register to the written claim. |
| Article 39 (Claims for Survivor’s Pension for Line-of-Duty Death and Survivor’s Lump-Sum Benefits for Line-of-Duty Death) |
| (1) | A person who intends to receive a survivor's pension for line-of-duty death and survivor’s lump-sum benefits for line-of-duty death under Article 35 or 36 of the Act shall submit a written claim for the relevant benefits (including a written claim in an electronic form) accompanied by the following documents (including electronic documents) to the Chief of Staff of the armed forces in which the member has served: |
| 1. | Family relation certificate (only applicable to a spouse, child, or parent); |
| 2. | A diagnostic certificate issued by the head of a health care institution or the head of a military hospital, substantiating that a person is pregnant (only applicable to cases where a current or former member of the armed forces was pregnant at the time of her death); |
| 3. | A diagnostic certificate issued by the head of a health care institution or the head of a military hospital (limited to where a child who intends to receive a survivor's pension for line-of-duty death is at least 19 years of age and has a disability falling under attached Table 3). |
| (2) | The Chief of Staff in receipt of a written claim for benefits pursuant to paragraph (1) shall submit to the Minister of National Defense the written claim accompanied by an investigation report on the events leading to the death issued by the commanding officer of the military unit in which the deceased member of armed forces has served. |
| (3) | The Minister of National Defense in receipt of a claim for a survivor's pension for line-of-duty death and survivor’s lump-sum benefits for line-of-duty death under paragraph (1) or the main clause of Article 9 (1) shall, if necessary under Article 2 and attached Table 1, verify a certified copy of household register through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That in cases where the claimant does not consent to the verification, he or she shall attach the certified copy of household register to the written claim. |
| Article 40 (Survivor’s Pension for Line-of-Duty Death If Not Known to Be Dead or Alive) |
| (1) | In cases of a member of armed forces whose status as dead or alive becomes unknown during military activities unintentionally, his or her survivor shall be paid a survivor's pension for line-of-duty death by applying Article 35 of the Act mutatis mutandis. |
| (2) | Where a member of armed forces whose status as dead or alive was unknown turns up alive, the payment of a survivor's pension for line-of-duty death shall cease from the month following the month when it is confirmed that he or she turned up alive. |
| (3) | Where a member of armed forces whose status as dead or alive had been unknown retires after turning up alive, the amount equivalent to the amount paid during the period in which his or her status as dead or alive was unknown under paragraph (1) shall be deducted from the benefits payable to him or her. |
| Article 41 (Reporting on Loss and Transfer of Entitlement to Survivor’s Disability Pension or Survivor's Pension for Line-of-Duty Death) |
| (1) | Where a person who has the lowest priority ranking to a survivor's disability pension (hereinafter referred to as "eligible beneficiary of a survivor’s disability pension") or a survivor’s pension for line-of-duty death (hereinafter referred to as "beneficiary of a survivor's pension for line-of-duty death") loses his or her entitlement under Article 37 (1) of the Act, a person who falls under the following subparagraphs shall file a report on the loss of the entitlement to a survivor's disability pension or on the loss of the survivor's pension for line-of-duty death with the Minister of National Defense, along with documents listed in the subparagraphs of paragraph (2), as prescribed by Ordinance of the Ministry of National Defense: |
| 2. | Where kinship ceases to exist due to remarriage or any other grounds: The beneficiary |
| 3. | Where a minor who has received a survivor’s disability pension or a survivor's pension for line-of-duty death reaches 19 years of age: The beneficiary; |
| 4. | Where disabilities of a disabled child or grandchild aged 19 years or older cease to exist: The beneficiary or his or her legal representative. |
| (2) | A person who intends to receive a survivor’s disability pension or a survivor’s pension for line-of-duty death under Article 37 (2) of the Act shall submit to the Minister of National Defense a written claim for the transfer of entitlement to a survivor's disability pension or a survivor’s pension for line-of-duty death (including a written claim in an electronic form) accompanied by the following documents (including electronic documents): |
| 1. | A death certificate (applicable only where a person who has received a survivor’s disability pension or survivor's pension for line-of-duty death has died but his or her death is yet to be registered); |
| 2. | A family relation certificate of a person who has received a survivor’s disability pension or survivor's pension for line-of-duty death; |
| 3. | A diagnostic certificate issued by the head of a health care institution or the head of a military hospital (only applicable where disabilities of a person who has received a survivor's disability pension or a survivor's pension for line-of-duty death cease to exist). |
| Article 42 (Substantiating Missing Status of Beneficiary) |
Substantiation that an eligible beneficiary of a survivor’s disability pension or a survivor’s pension for line-of-duty death has been missing for at least one year under Article 38 of the Act shall be as verified by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the chief of a police station.
| Article 43 (Scope of Recognition of Special Line-of-Duty Death and Additional Payment on Death Compensation) |
| (2) | "Amount prescribed by Presidential Decree" in Article 39 (3) of the Act means the amount equivalent to 36 times of the amount of overseas service allowance for Area A. |
| (3) | The exchange rate applied to the calculation of the amount referred to in paragraph (2) shall be the basic exchange rate publicly notified on the first day of the month in which the date immediately preceding the date of death or retirement falls (referring to the next day in cases of legal holidays). |
SECTION 6 Relief Benefits
| Article 44 (Payment Standards and Claims for Relief Benefits) |
| (1) | The scope of damage caused by disasters under Article 40 (1) of the Act shall be limited to damage to a house (including a share in a multi-family housing; hereinafter the same shall apply) owned by a member of armed forces or his or her spouse, or a house owned by a lineal ascendant or descendant of such member or his or her spouse where a relevant member resides at all times, caused by fire, flood, heavy rain, heavy snow, storm, tsunami, or other natural or man-made disasters equivalent thereto. |
| (2) | The amount of disaster relief for each level of damage caused by disasters paid under Article 40 (1) of the Act shall be as follows: |
| 1. | Where a house is burnt down, swept away, or destroyed: 3.9 times the amount of the average base monthly income of all public officials; |
| 2. | Where at least 1/2 of a house has been burnt, swept away, or destroyed: 2.6 times the amount of the average base monthly income of all public officials; |
| 3. | Where at least 1/3 of a house has been burnt, swept away, or destroyed: 1.3 times the amount of the average base monthly income of all public officials. |
| (3) | A person who intends to receive disaster relief under Article 40 of the Act shall submit a written claim for disaster relief to the commanding officer of the military unit in which he or she serves or in which the deceased member of armed forces served, along with a certificate of damage issued by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a fire station; and the commanding officer of the military unit shall examine and verify the details and submit the claim and the certificate to the Minister of National Defense. |
| Article 45 (Persons Eligible for Death Gratuities and Claims Therefor) |
| (1) | "One member of the armed forces prescribed by Presidential Decree" in the latter part of Article 41 (1) of the Act means a person who has a higher priority ranking among members of the armed forces, in the following order of priority: |
| 1. | A member of the armed forces, who is the spouse of the deceased; |
| 2. | A member of the armed forces, who is the eldest of the nearest lineal descendants of the deceased; |
| 3. | A member of armed forces, who is the spouse of the eldest lineal descendants among members of armed forces who are the spouses of the nearest lineal descendants of the deceased. |
| (2) | Where a deceased member of armed forces had no spouse under Article 41 (2) of the Act, a service member death gratuity shall be paid to a person who has a higher priority ranking among persons who conduct funeral and memorial services for the deceased, in the following order of priority: Provided, That where there is a member of armed forces among lineal descendants of a deceased member of armed forces, it shall be paid to such member, and where there are two or more members of armed forces, it shall be paid to the person who has a higher ranking in the following order of priority: |
| 1. | A person who is the eldest of the nearest lineal descendants of the deceased member of armed forces; |
| 2. | A person who is the eldest of the nearest lineal ascendants of the deceased member of armed forces; |
| 3. | A person who is the eldest of the siblings of the deceased member of armed forces. |
| (3) | A person who intends to receive a family death gratuity or a service member death gratuity under Article 41 of the Act shall submit a written claim for a death gratuity (including a written claim in an electronic format) to the commanding officer of the military unit in which he or she serves, along with the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of National Defense; and the commanding officer of the military unit shall examine and verify details of the written claim and submit it to the Ministry of National Defense: |
| 1. | Documents substantiating the death of, and his or her relationship with, the deceased; |
| 2. | Documents substantiating the fact that he or she has supported the deceased (limited to a member of armed forces who has supported the deceased). |
SECTION 7 Restrictions on Benefits
| Article 46 (Restrictions on Benefits for Reasons of Intent or Gross Negligence) |
| (1) | "Circumstances prescribed by Presidential Decree" in the proviso of Article 43 (1) of the Act, the proviso, with the exception of the subparagraphs, of paragraph (3) of the same Article, the proviso of subparagraph 2 of the same paragraph, and the proviso of subparagraph 2 of Article 45 of the Act means any of the following cases: |
| 1. | An illness, injury, disability, or accident caused by an act committed by a person, who has received or is receiving medical treatment for mental illness arising from or in connection with the performance of official duties, while in a state where his or her normal cognitive ability, etc. is significantly reduced; |
| 2. | An illness, injury, disability, or accident caused by an act committed by a person, who is under treatment due to a line-of-duty injury or illness, while in a state where his or her normal cognitive ability, etc. is significantly reduced: |
| 3. | An illness, injury, disability, or accident caused by an act committed by a person while in a state of significantly reduced cognitive ability, etc. directly caused by beating, verbal abuse, cruelty relating to the performance of his or her duties or education and training, heavy workload, or the like; |
| 4. | Other circumstances corresponding to those prescribed in subparagraphs 1 through 3, which are recognized by the Minister of National Defense to have a proximate causal relationship to the line of duty. |
| (2) | Where a current or former member of the armed forces falls under any subparagraph of Article 43 (3) of the Act, the amount equivalent to 1/2 of the amount of benefits of the relevant disability pension, survivor’s disability pension, or survivor’s pension for line-of-duty death shall be deducted from benefits payable from the month following the month in which the date he or she falls under the same subparagraph pursuant to the main clause, with the exception of the subparagraphs, of the same paragraph falls. |
CHAPTER IV APPLICATION FOR REVIEW
| Article 47 (Procedures for Filing Application for Review) |
| (1) | A person who intends to request a review pursuant to Article 47 (1) of the Act or the representative of such person (hereafter in this Article referred to as "claimant") shall submit a written request for review to the head of an agency that has determined the relevant benefits along with a statement of the reasons for requesting review along with relevant substantiating documents, etc., within the period prescribed by Ordinance of the Ministry of National Defense. |
| (2) | The head of an agency in receipt of a written request for review pursuant to paragraph (1) shall forward such written request accompanied by explanatory notes and other necessary data to the Military Accident Compensation and Pension Review Committee established under Article 48 of the Act (hereinafter referred to as the "Review Committee") within 10 days. |
| (3) | If there is any deficiency in a written request for review under paragraph (1) or explanatory notes under paragraph (2), the Review Committee in receipt of the request for review pursuant to paragraph (2) shall request that the claimant or the head of the agency that determined the relevant benefits supplement the deficiency, setting a period therefor. |
| (4) | If the claimant fails to supplement them within the given period of time prescribed in paragraph (3) without good cause and if it is not possible to conduct a review based solely on the facts stated in the written application, the Review Committee may dismiss the application. |
| Article 48 (Succession to Requests for Review) |
Where the person who has requested review dies before a decision on the review is made, the successor thereto shall be deemed the claimant.
| Article 49 (Chairperson of Review Committee) |
| (1) | The Chairperson of the Review Committee (hereinafter referred to as the "Chairperson”) shall represent the Review Committee and have general supervision and control of its affairs. |
| (2) | When the Chairperson is unable to conduct his or her duties due to unavoidable causes, a member as appointed by the Chairperson shall act on his or her behalf. |
| Article 50 (Meetings of Review Committee) |
| (1) | The Chairperson shall call a meeting of the Review Committee and preside over the meeting. |
| (2) | A majority of the members of the Review Committee shall constitute a quorum and any resolution by the Review Committee shall require the concurring vote of a majority of those present. |
| Article 51 (Notice to Relevant Persons) |
| (1) | When a request for review is filed pursuant to Article 47, the Review Committee shall notify members of armed forces related to the request for review, the Chief of Staff of each armed force, the commanding officer of a military unit under the direct command of the Ministry of National Defense, the head of an agency under the direct command of the Ministry of National Defense, the head of a health care institution, and other relevant persons of such fact. |
| (2) | Pursuant to Article 48 (6) of the Act, a person in receipt of notice under paragraph (1) may make a statement of opinion or submit necessary evidentiary materials to the Review Committee with respect to the request for the relevant review. |
| Article 52 (Attendance of Claimant for Review) |
A claimant for review who is summoned pursuant to Article 48 (6) 1 of the Act may attend a meeting of the Review Committee to answer questions. In such cases, the claimant may be accompanied by an assistant.
| Article 53 (Decisions on Review) |
| (1) | A decision on review shall be made in writing. |
| (2) | A written decision prescribed in paragraph (1) shall state the text of the decision as well as reasoning behind the decision, and the Chairperson and members of the Review Committee who have participated in a meeting shall affix their signature or seal on the written decision of which a certified copy shall be sent to the claimant and other relevant persons. |
| Article 54 (Effect of Decision) |
The decisions made by the Review Committee shall take effect from the day on which a certified copy of a written decision is delivered to the claimant.
| Article 55 (Secretaries and Clerks of Review Committee) |
| (1) | The Review Committee shall have a chief executive secretary, a secretary, and up to three clerks to handle its administrative affairs. |
| (2) | The chief executive secretary, secretary, and clerks shall be appointed by the Minister of National Defense, from among public officials belonging to the Ministry of National Defense (including members of armed forces). |
| Article 56 (Allowances of Members of Review Committee) |
| (1) | Allowances and travel expenses may be paid to members who attend meetings of the Review Committee within the budget: Provided, That where a member is a public official (including members of armed forces) who directly engages in affairs concerning military accident compensation or military pension, this shall not apply. |
| (2) | Relevant persons who attend a meeting of the Review Committee may be reimbursed with allowances and travel expenses within the budget. |
| Article 57 (Detailed Rules for Operation of Review Committee) |
Except as provided in this Decree, matters necessary for operating the Review Committee shall be determined by the Chairperson, subject to resolution by the Review Committee.
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 58 (Extension of Prescription) |
If a person is unable to exercise the entitlement specified in Article 49 (1) or (2) of the Act due to a warfare, disturbance, or any other inevitable cause, the period of prescription of the entitlement to benefits under paragraph (3) of the same Article shall be extended by two years.
| Article 59 (Time for Taking Effect) |
Whether documents have been mailed before the expiration of the period of prescription under Article 50 of the Act shall be determined based on the postmark date according to statutes or regulations governing postal service.
| Article 60 (Scope of Data Subject to Request for Submission) |
| (1) | The data, organizations, and institutions that the Minister of National Defense (including persons to whom authority of the Minister of National Defense has been delegated pursuant to Article 61 (1) through (3)) may make a request for submission under Article 52 (2) of the Act shall be as follows: |
| 1. | A certified copy and an abridged copy of a residence registration card and a family relation certificate: A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of an Eup/Myeon; |
| 2. | Computerized information data on matters registered regarding family relations: The Minister of National Court Administration; |
| 3. | Computerized information data on resident registration: The Minister of the Interior and Safety; |
| 4. | Data on income and data on business registration: The Commissioner of the National Tax Service; |
| 5. | Local taxation data, registration data on land, buildings, and automobiles, and documents relating to burial and cremation: A Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu; |
| 6. | Monthly remuneration data, health care benefit data from the health insurance, and health examination result data: The President of the National Health Insurance Corporation; |
| 7. | Criminal and investigation history records, and data on missing persons reported: The Commissioner General of the National Police Agency; |
| 8. | A copy of criminal court rulings: Chief prosecutor or chief of the branch office of the competent prosecutors’ office; |
| 9. | Data on immigration: The Minister of Justice; |
| 10. | Data on overseas Korean national registration: The Minister of Foreign Affairs; |
| 11. | Data on the registration of persons with disabilities: The Minister of Health and Welfare; |
| 12. | Data on the purchase of a public official pension and the supply of and demand for a public official’s accident compensation: The Chairperson and CEO of the Government Employees Pension Service; |
| 13. | Data on the purchase and receipt of the Pension for Private School Teachers and Staff: The president of the Korea Teachers Pension; |
| 14. | Data on deliberation and resolution by the Patriots and Veterans Affairs Committee: The Minister of Patriots and Veterans Affairs; |
| 15. | Other data equivalent to the data prescribed in subparagraphs 1 through 14 and deemed necessary by the Minister of National Defense: Organizations and institutions possessing the relevant data. |
| Article 61 (Delegation or Entrustment of Authorities to Determine Benefits) |
| (1) | The Minister of National Defense shall delegate the following authority to the Chief of Staff of each armed force in accordance with Article 54 (1) of the Act: |
| (2) | The Minister of National Defense shall delegate the following authority to the Commander of the Financial Management Corps pursuant to Article 54 (1) of the Act: |
| 1. | Determination, payment, and recovery of the following benefits: |
| (3) | The Minister of National Defense shall delegate his or her authority regarding the determination, payment, and recovery of line-of-duty care benefits (excluding the payment of line-of-duty care benefits under paragraph (5) of this Article) under Article 20 of the Act to the Commander of the Armed Forces Medical Command under Article 54 (1) of the Act. |
| (6) | Affairs which the Minister of National Defense may entrust to the head of a postal service agency, a financial company, or similar entity in regard of the payment of other benefits pursuant to Article 54 (2) 3 of the Act shall be as follows: |
| 2. | Other affairs related to subparagraph 1, which the Minister of National Defense has agreed with the head of a postal service agency, financial company, or similar entity. |
| Article 62 (Keeping of Books) |
The Minister of National Defense shall keep a confirmation ledger on various written claims for benefits in order to record matters regarding claims for benefits.
| Article 63 (Processing Sensitive Information and Personally Identifiable Information) |
If the Minister of National Defense (including persons delegated or entrusted with the authorities or affairs of the Minister of National Defense) deems it inevitable in order to perform the following, he or she may process information about health referred to in the main clause, with the exception of the subparagrpahs, of Article 23 (1) of the Personal Information Protection Act or may process data containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of the same Act: | 1. | Affairs related to the confirmation of reasons for, and determination of, benefits under Article 8 of the Act; |
| 8. | Affairs regarding investigations and verifications under Article 9 (1); |
| 9. | Affairs regarding payment of benefits to representatives of survivors under Article 12; |
| 10. | Affairs regarding approval for payment of benefits subject to recovery in installments under the proviso, with the exception of the subparagraphs, of Article 16 (4); |
| 12. | Affairs regarding line-of-duty care, extending period of line-of-duty care, and approval for additional medical care under Articles 21, 22, and 24; |
| 13. | Affairs regarding termination of medical care under Article 29; |
| 14. | Affairs regarding entitlement to a pension under Article 41 (2); |
| 15. | Affairs regarding verifying an entitlement to benefits to change personal information or issue a certificate (including re-issuance of a pension certificate) at the request of a person entitled to benefits under the Act or this Decree. |
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Article 2 (Applicability to Change of Types of Split Pension)
The amended provisions of Article 20 (3) shall begin to apply to cases where an application is filed to change the types of divided pension benefits after this Decree enters into force. Article 3 (General Transitional Measures concerning Occurrence of Reasons for Benefits)
| (2) | Notwithstanding the former part of paragraph (1), benefits for a person to whom a reason to pay a death compensation arose before July 1, 1997 on which the amended Enforcement Decree of the Military Pension Act (Presidential Decree No. 15407) entered into force, shall be governed by the relevant provisions existing before they were amended by the same Decree. |
| (3) | Notwithstanding paragraph (1), benefits for a person to whom reasons for benefits arose before January 1, 2001 on which the amended Enforcement Decree of the Military Pension Act (Presidential Decree No. 17099) entered into force, shall be governed by the relevant provisions existing before they were amended by the same Decree. |
| (4) | Notwithstanding the former part of paragraph (1), the payment of a death compensation for a person to whom reasons for benefits arose before January 29, 2004 on which the amended Enforcement Decree of the Military Pension Act (Presidential Decree No. 18249) entered into force, shall be governed by the relevant provisions existing before they were amended by the same Decree. |
| (5) | Notwithstanding the former part of paragraph (1), a person to whom a reason to pay benefits arose before August 25, 2010 on which the amended Enforcement Decree of the Military Pension Act (Presidential Decree No. 22355) entered into force, shall be governed by the provisions existing before they were amended by the same Decree. |
Article 4 (Transitional Measures concerning Special Cases on Recipients of Benefits)
| (2) | In cases under paragraph (1), the payment of benefits to a person to whom reasons for benefits arose because no survivor entitled to benefits exists before July 24, 2007, on which date the partially amended Enforcement Decree of the Military Pension Act (Presidential Decree No. 20187) entered into force, notwithstanding the amended provisions of Article 25 (2) of the same Decree, shall be governed by the provisions existing before they were amended by the same Decree. |
Article 5 (Transitional Measures concerning Recovery of Benefits)
| (3) | Notwithstanding paragraph (1), with respect to the recovery of benefits fraudulently received, calculation of the amount to be returned, etc. for which reasons for benefits arose before June 7, 2000, the provisions existing before they were amended by the same Decree shall apply, notwithstanding the amended provisions of Articles 26 and 30 of the partially amended Enforcement Decree of the Military Pension Act (Presidential Decree No. 16830). |
Article 6 (Transitional Measures concerning Change of Types of Disability Pension)
Article 7 (Transitional Measures concerning Approval for Line-of-Duty Care)
Article 8 (Transitional Measures concerning Rating of Disability)
Article 9 (Transitional Measures concerning Criteria for Recognizing whether Support Has Been Provided)
| (1) | Notwithstanding the attached Table, criteria for recognizing the fact of support before this Decree enters into force shall be governed by attached Table 1 of the previous Enforcement Decree of the Military Pension Act. |
| (2) | In cases of paragraph (1), the amended provisions of attached Table 1 of the partially amended Enforcement Decree of the Military Pension Act (Presidential Decree No. 20467) shall begin to apply to cases where a survivor of a member of armed forces is newly determined to receive benefits following the death of the member or the previous beneficiary’s loss of entitlement to benefits on or after January 1, 2008 which is the enforcement date of the same Decree. |
Article 10 (Transitional Measures concerning Death Compensation in Cases of Death in Action)
Article 11 (Transitional Measures concerning Scope of Application of Previous Addenda)
The previous Addenda provided by previous amendments to the Enforcement Decree of the Military Pension Act shall remain effective even after this Act enters into force, except in cases where the Addenda becomes ineffective before this Decree enters into force. Article 12 Omitted.
Article 13 (Relationships to Other Statutes and Regulations)
Where any other statute cites the previous provisions of the Enforcement Decree of the Military Pension Act or any provisions thereof as at the time this Decree enters into force, it shall be deemed to cite this Decree or the relevant provisions of this Decree in lieu of the previous provisions, if provisions corresponding thereto exist in this Decree.