BASIC PENSION ACT
Act No. 12617, May 20, 2014
Amended by Act No. 13216, Mar. 11, 2015
Act No. 13988, Feb. 3, 2016
Act No. 14474, Dec. 27, 2016
Act No. 14881, Sep. 19, 2017
Act No. 15522, Mar. 20, 2018
Act No. 15536, Mar. 27, 2018
Act No. 16240, Jan. 15, 2019
Act No. 16241, Jan. 15, 2019
Act No. 16568, Aug. 27, 2019
Act No. 16761, Dec. 10, 2019
Act No. 16868, Jan. 21, 2020
Act No. 18213, jun. 8, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to support stabilization of the living of senior citizens and to promote their welfare by providing a stable income base through payment of a basic pension.
The terms used in this Act are defined as follows:
| 1. | The term "entitlement to a basic pension" means the right to receive a basic pension under this Act; |
| 2. | The term "eligible recipient of a basic pension" means a person entitled to a basic pension; |
| 3. | The term "recipient of a basic pension" means a person to whom a basic pension is paid under this Act; |
| 4. | The term "assessed income" means the total assessed amount of income of the principal and his or her spouse and the income-equivalent of their property. In this regard, the scope of income and property for calculation of the assessed amount of income and the income-equivalent of property shall be prescribed by Presidential Decree, and the detailed methods for calculating assessed amount of income and the income-equivalent of property shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 3 (Scope of Eligible Recipients of Basic Pensions) |
| (1) | Basic pensions shall be paid to persons of at least 65 years of age whose assessed income is at or below the amount determined and publicly notified by the Minister of Health and Welfare (hereinafter referred to as "income threshold"). |
| (2) | In determining the income threshold, the Minister of Health and Welfare shall ensure that the number of recipients of basic pensions accounts for 70/100 of the total number of persons who are at least 65 years of age. |
| (3) | Notwithstanding paragraph (1), no pension shall be paid to a recipient of any of the following pensions and his or her spouse and to a person prescribed by Presidential Decree, among persons who have received any of the following pensions and their spouses: <Amended on Mar. 20, 2018; Dec. 10, 2019> |
| 1. | Retirement pension, lump-sum retirement pension, lump-sum retirement pension after deductions, disability pension, disability pension for reasons other than official duties, non-service disability pension, lump-sum payment for disability, lump-sum disability payment for reasons other than official duties, lump-sum payment for non-service disability, retirement pension for survivors, disability pension for survivors, survivors' pension for a public official who died in the line of duty, survivors’ pension for a person who died while doing his or her job, survivors' pension for a public official who died in the line of dangerous duty, lump-sum retirement pension for survivors, or lump-sum payment on retirement for survivors prescribed in Article 28 of the Public Officials Pension Act, Article 8 of the Public Officials' Accident Compensation Act, or Article 42 (1) of the Pension for Private School Teachers and Staff Act [in cases of lump-sum payment on retirement for survivors, limited to where a recipient of survivors' pension for a public official who died in the line of duty chooses it in lieu of such pension pursuant to Article 20 (1) of the Public Officials' Accident Compensation Act (including where a recipient of survivors' pension for a person who died while doing his or her job chooses it in lieu of such pension prescribed in Article 42 (1) of the Pension for Private School Teachers and Staff Act) and where a recipient of survivors' pension for a public official who died in the line of dangerous duty chooses it in lieu of such pension pursuant to Article 20 (2) of the same Act]; |
| (4) | Standards for determining the income threshold, timing for public notice, a period for application, etc. shall be prescribed by Presidential Decree. |
| Article 4 (Responsibility of the State and Local Governments) |
| (1) | The State and local governments shall endeavor to ensure, to the maximum extent possible, that the amount of basic pensions payable reaches the level required to support the stabilization of the livelihood of senior citizens and promote their welfare in accordance with the purpose under Article 1. |
| (2) | The State and local governments shall secure financial resources to bear the necessary expenses under paragraph (1). In this regard, no National Pension Fund established under Article 101 (1) of the National Pension Act shall be used as a financial resource for payment of basic pensions. |
| (3) | The State and local governments shall strive to the maximum extent possible to ensure that the payment of basic pensions does not entail any income reversal between social classes, nor lower motivation to work and incentives to pay. |
CHAPTER II CALCULATION OF BASIC PENSION BENEFITS
| Article 5 (Calculation of Basic Pension Benefits) |
| (1) | The amount of basic pensions for an eligible recipient of a basic pension (hereinafter referred to as "basic pension benefits") shall be calculated based upon the standard pension benefits prescribed in paragraph (2) or Article 5-2 (1) (hereinafter referred to as "standard pension benefits"), national pension benefits, etc. <Amended on Jan. 15, 2019> |
| (2) | Standard pension benefits shall be publicly notified each year by the Minister of Health and Welfare, based on the Fluctuation Rate of Nation-wide Consumer Price Index (referring to the fluctuation rate of nation-wide consumer price index publicly notified by the Commissioner of the Korea National Statistical Office each year under Article 3 of the Statistics Act; hereafter the same shall apply in this Article). In such cases, the applicable period for standard pension benefits publicly notified shall be from January to December of the relevant year of adjustment. <Amended on Jan. 15, 2019; Jan. 21, 2020> |
| (3) | Notwithstanding the former part of paragraph (2), the standard pension benefits for 2021 shall be 300,000 won. <Newly Inserted on Mar. 27, 2018; Jan. 21, 2020> |
| (4) | Basic pension benefits payable to any of the following persons entitled to receive the following pensions (hereinafter referred to as "recipient of national pension") among eligible recipients of basic pensions shall be the amount calculated under paragraph (5): <Amended on Mar. 27, 2018> |
| 2. | Eligible recipients of a national pension prescribed in Article 26-2 of the North Korean Refugees Protection and Settlement Support Act. |
| (5) | Basic pension benefits payable to eligible recipients of a national pension shall be the amount obtained by deducting the amount prescribed in subparagraph 2 from the amount prescribed in subparagraph 1 (where the remainder after the deduction is less than zero, it shall be written off) and adding the amount prescribed in subparagraph 3: <Amended on Mar. 27, 2018; Jan. 15, 2019> |
| 1. | Standard pension benefits (in cases of the recipients of basic pensions to whom Article 5-2 is applied, referring to the amount of standard pension benefits prescribed in Article 5-2; hereinafter the same shall apply); |
| 2. | An amount obtained by multiplying the amount calculated on the basis of the amount prescribed in Article 51 (1) 1 of the National Pension Act (referring to the amount adjusted each year under Article 51 (2) of the National Pension Act; hereinafter referred to as "amount of benefits reflecting redistribution of income") by 2/3, among pension benefits payable to an eligible recipient of a national pension: Provided, That the standard amount of pensions, which becomes the base for calculation of the amount of benefits reflecting redistribution of income for such cases as delayed or early payment, additional or reduced payment, etc. of the pension benefits of eligible recipients of a national pension under the National Pension Act, shall be prescribed by Presidential Decree; |
| 3. | Additional pension benefits: An amount equivalent to 1/2 of the standard pension benefits. |
| (6) | Eligible recipients of aggregated old-age pension prescribed in Article 10 of the Act on Aggregation of National Pension and Occupational Pensions among eligible recipients of basic pensions shall be paid an amount obtained by deducting the amount prescribed in subparagraph 2 from the amount prescribed in subparagraph 1 (where the remainder after the deduction is less than zero, it shall be deemed written off) and adding the amount prescribed in subparagraph 3: <Amended on Mar. 27, 2018> |
| 1. | Standard pension benefits; |
| 2. | An amount obtained by multiplying the total of amounts prescribed in items (a) and (b) by 2/3: |
| (a) | Amount of benefits reflecting redistribution of income; |
| 3. | Additional pension benefits: An amount equivalent to a half of the standard pension benefits. |
| (7) | Basic pension benefits payable to any of the following persons qualified for basic pensions shall be the standard pension benefits: <Amended on Mar. 27, 2018> |
| 1. | A person not falling under any subparagraph of paragraph (4), or paragraph (6); |
| 2. | Any of the following persons falling under any subparagraph of paragraph (4), or paragraph (6): |
| (d) | Other persons prescribed by Presidential Decree. |
| Article 5-2 (Special Cases on Calculation of Basic Pension Benefits for Low-Income Recipients Eligible for Basic Pensions) |
| (1) | Notwithstanding the former part of Article 5 (2), the basic pension benefits applied to the persons aged 65 or older, whose assessed income does not exceed 40/100, shall be 300,000 won. <Amended on Jan. 21, 2020> |
| (2) | The Minister of Health and Welfare shall determine and publicly notify the assessed income for selecting a person eligible for the basic pension benefits prescribed in paragraph (1) (hereinafter referred to as “income threshold for identifying low-income individuals”). |
| (3) | The standards for determining the income threshold for identifying low-income individuals, the timing for public notice, the period for application, etc. shall be prescribed by Presidential Decree. |
[Moved from Article 12 <Jan. 15, 2019>]
[This Article shall remain effective until December 31, 2022 pursuant to Article 2 of the Addenda (Act No. 17858, Jan. 5, 2021)]
| Article 6 (Special Cases on Calculation of Basic Pension Benefits Based on National Pension Benefits) |
| (2) | Notwithstanding Article 5, basic pension benefits payable to a person in whose case the national pension benefits, etc. exceed 150/100 but not more than 200/100 among persons falling under any subparagraph of Article 5 (4) or Article 5 (6) may be determined in at least the amount calculated under Article 5 within the limit of standard pension benefits, as prescribed by Presidential Decree. <Amended on Mar. 27, 2018> |
| Article 7 (Limits on Basic Pension Benefits) |
Where basic pension benefits calculated under Article 5 (4) through (6) exceed standard pension benefits, standard pension benefits shall be deemed the basic pension benefits. <Amended on Mar. 27, 2018>
| Article 8 (Reduction of Basic Pension Benefits) |
| (1) | Where both the principal and his or her spouse are eligible recipients of basic pensions, an amount equivalent to 20/100 of the basic pension benefits shall be deducted from their respective basic pension benefits. |
| (2) | Where the assessed income and basic pension benefits prescribed in Articles 5, 5-2, 6 and 7 (where paragraph (1) is applied, referring to the amount reflecting the reduced amount) are at least the income threshold, part of basic pension benefits may be reduced within an amount exceeding the income threshold. <Amended on Jan. 15, 2019> |
| (3) | Where the sum of the assessed income of an eligible recipient of a basic pension to whom Article 5-2 is applied and the relevant basic pension benefits (where Article 8 (1) is applied, referring to the amount reflecting the reduced amount) is at least the sum of the income threshold for identifying low-income individuals and the standard pension benefits (referring to the standard pension benefits of an eligible recipient of a basic pension who does not fall under Article 5-2), the basic pension benefits of the eligible recipient of the basic pension to whom Article 5-2 is applied may be partially reduced. <Newly Inserted on Jan. 15, 2019> |
| (4) | Detailed standards for reduction prescribed in paragraphs (2) and (3) shall be prescribed by Presidential Decree. <Amended on Jan. 15, 2019> |
| Article 9 (Evaluation of Appropriateness of Basic Pension Benefits) |
| (1) | Notwithstanding the provisions of Article 5 (2), the Minister of Health and Welfare shall evaluate the appropriateness of basic pension benefits taking into comprehensive consideration the living standards of eligible recipients of basic pensions, the rate of change of the amount prescribed in Article 51 (1) 1 of the National Pension Act, the fluctuation rate of nation-wide consumer price index, etc., and shall adjust standard pension benefits reflecting the outcomes thereof. |
| (2) | When an evaluation of appropriateness is conducted under paragraph (1), the survey on actual condition of the poverty of senior citizens and the prospect of long-term financial requirements of basic pensions shall be conducted together. |
| (3) | The Minister of Health and Welfare shall publicly notify the standard pension benefits adjusted under paragraph (1). In such cases, such public notice shall be deemed a public notice made under the forepart of Article 5 (2). |
| (4) | Matters necessary for the adjustment of standard pension benefits under paragraph (1), the prospect of long-term financial requirements and the survey on actual condition of the poverty of senior citizens under paragraph (2), public notice of standard pension benefits under paragraph (3), etc. shall be prescribed by Presidential Decree. |
CHAPTER III APPLICATION FOR AND DECISION ON PAYMENT OF BASIC PENSIONS
| Article 10 (Application for Payment of Basic Pensions) |
| (1) | A person who intends to receive a basic pension (hereinafter referred to as "basic pension applicant") or his or her representative prescribed by Ordinance of the Ministry of Health and Welfare may file an application for the payment of a basic pension with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply). |
| (2) | When a basic pension applicant and his or her spouse file an application under paragraph (1), they shall submit a document indicating their consent to the provision of the following data or information to the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (including persons entrusted with the duties under Article 28 (2)): |
| 3. | Premiums paid after purchasing insurance under the subparagraphs of Article 4 (1) of the Insurance Business Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information"). |
| (3) | A corporation, organization, facility, institution, etc. designated by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may assist a basic pension applicant in filing an application for the payment of a basic pension under paragraph (1), at the request of such applicant. <Newly Inserted on Jun. 8, 2021> |
| (4) | Matters necessary for the methods and procedures for filing an application for the payment of a basic pension under paragraph (1) and the methods and procedures for obtaining consent under paragraph (2), etc. shall be prescribed by Presidential Decree. <Amended on Jun. 8, 2021> |
| Article 10-2 (Provision of Information on Basic Pension) |
| (1) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall provide persons aged 65 or older with information on basic pension including eligibility requirements, amount, and application method. |
| (2) | Such matters as detailed information to be provided, methods and procedures therefor under paragraph (1) shall be determined by Presidential Decree. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 11 (Investigations and Inquiries) |
| (1) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request a basic pension applicant, an eligible recipient of a basic pension, a recipient of a basic pension and the relevant spouse and employer (hereafter in this paragraph referred to as "eligible recipient of a basic pension, etc.") to submit necessary documents or other data related to income, assets, etc. for the purpose of ascertaining the accrual, change, loss, etc. of his or her right to receive a basic pension, and may order public officials under his or her jurisdiction to visit the residence of the eligible recipient of a basic pension, etc. or other places and examine relevant documents or ask interested persons questions. <Amended on Feb. 3, 2016> |
| (2) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of a relevant institution to provide the following data or information for the purpose of ascertainment or investigation conducted under paragraph (1) or providing basic pension services. Upon receipt of such request, the head of the institution shall comply therewith, except in extenuating circumstances: <Amended on Dec. 27, 2016; Mar. 20, 2018; Aug. 27, 2019> |
| 1. | Data or information related to income and property: |
| (a) | Financial information, credit information and insurance information; |
| (c) | Data or information related to land, buildings, automobiles, vessels, aircraft, right of residence in a housing unit, ownership of parceled-out housing unit, standing trees, fishing rights, aquaculture rights and membership rights defined in subparagraphs 14 through 18 of Article 6 of the Local Tax Act; |
| (d) | Data or information related to the receipt of a national pension, health insurance, employment insurance, industrial accident compensation insurance, veterans' benefits, public officials' pension, public officials' accident compensation benefits, military pension, pension for teachers at private schools, and special post office pension; |
| 2. | Data or information related to personal information: |
| (a) | Data or information related to entry into or departure from the country; |
| (c) | Data or information on criminal records; |
| (d) | Data or information related to burial, cremation, and funeral; |
| (e) | Data or information on resident registration and family registration; |
| (f) | Data or information on reports on runaways or missing persons and management of an absentee's property. |
| (3) | The relevant public official who visits a residence, etc. and conducts investigation and inquiries as prescribed in paragraph (1) shall carry a certificate indicating his or her authority and documents specifying the duration of investigation, scope of investigation, investigator-in-charge, applicable statutes, and other matters determined by Ordinance of the Ministry of Health and Welfare and show them to interested persons. <Amended on Feb. 3, 2016> |
| (4) | Where a basic pension applicant, eligible recipient of a basic pension, or recipient of a basic pension fails to submit documents or data prescribed in paragraph (1), submits a false document or data, or refuses, interferes with or evades investigation or inquiries, or makes a false reply, the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may reject the application for the payment of a basic pension, or cancel or suspend payment of a basic pension. |
| (5) | In receiving data or information prescribed in paragraph (2), charges, fees, etc. to be imposed under the relevant statutes shall be exempted. |
| (6) | Except as provided in this Act, the scope, timing, details, procedures and methods of the investigations and inquiries prescribed in paragraph (1) shall be governed by the Framework Act on Administrative Investigations and other necessary matters shall be determined by Presidential Decree. <Amended on Feb. 3, 2016> |
| Article 12 (Provision of Financial Information) |
| (6) | No person engaged in the business affairs prescribed in paragraphs (1) through (3) (including persons delegated or entrusted with the authority under Article 28) shall provide nor disclose financial information, etc. obtained in the course of performing his or her duties to other persons for purposes other than those prescribed by this Act. |
| (7) | Matters necessary for requests to provide financial information, etc. and the provision thereof, etc. under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree. |
| Article 13 (Determination on Payment of Basic Pensions) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine the accrual, change, loss, etc. of entitlement to a basic pension after conducting an investigation under Article 11. |
| (2) | In determining the accrual of entitlement to a basic pension, where the income and property level of a basic pension applicant and his or her spouse appraised through all or some of the data and information provided pursuant to Article 11 or 12 is equivalent to or lower than the level prescribed by the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may omit part of the relevant investigation and determine the accrual of entitlement to a basic pension. <Newly Inserted on Jun. 8, 2021> |
| (3) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu makes a determination under paragraph (1), he or she shall notify the eligible recipient of a basic pension of the details of such determination in writing without delay, specifying grounds therefor. <Amended on Jun. 8, 2021> |
| (4) | Matters necessary for the procedures for determining the accrual, change, loss, etc. of entitlement to a basic pension and the notification, etc. thereof under paragraphs (1) and (3) shall be prescribed by Presidential Decree. <Amended on Jun. 8, 2021> |
| Article 14 (Payment of and Timing for Paying Basic Pensions) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall regularly pay a basic pension to a person determined as an eligible recipient of a basic pension pursuant to Article 13 (1), on a monthly basis, from the month in which the date of an application for payment of a basic pension falls to the month in which the date of loss of entitlement to a basic pension falls pursuant to Article 17. |
| (2) | No basic pension shall be paid for a period during which the payment of a basic pension is suspended under Article 16 (1). |
| (3) | Matters necessary for the methods, procedures, etc. for payment of a basic pension under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER IV EX POST MANAGEMENT OF RECIPIENTS OF BASIC PENSIONS
| Article 15 (Basic Pensions Payable) |
| (1) | Where a recipient of a basic pension is deceased and any accrued pension is payable to him or her, a person who is obliged to support the recipient of a basic pension (referring to his or her spouse, lineal descendant and his or her spouse) and has shared the same livelihood with him or her as at the time of his or her death may claim such pension payable. In such cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine without delay whether to pay it and notify the results thereof to the person obliged to support him or her. |
| (2) | Matters necessary for the procedures for and methods of claiming any pensions payable, requirements for eligibility of a person obliged to provide support, payment priority, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 16 (Suspension of Payment of Basic Pensions) |
| (1) | Where a recipient of a basic pension falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall suspend the payment of his or her basic pension from the month following that in which such ground arose until the month the ground extinguished: |
| 1. | Where a recipient of a basic pension is confined in a correctional institution or a medical treatment and detention facility after a declaration of imprisonment without labor or greater punishment by a court; |
| 2. | Where a recipient of a basic pension is presumed to be deceased, such as in cases of unknown whereabouts or disappearance; |
| 3. | Where the length of overseas stay of a recipient of a basic pension continues for at least 60 days. In such cases, the date on which the 60th day of overseas stay falls shall be deemed the date the ground for suspension of payment occurs; |
| 4. | Other cases prescribed by Presidential Decree, which correspond to those prescribed in subparagraphs 1 through 3. |
| (2) | Matters necessary for the procedures, etc. for suspension of payment under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 17 (Loss of Entitlement to Basic Pensions) |
A recipient of a basic pension shall lose his or her entitlement to a basic pension in any of the following cases:
| 1. | When an annuitant dies; |
| 2. | When he or she loses nationality or emigrates overseas; |
| 3. | When he or she ceases to be an eligible recipient of a basic pension under Article 3. |
| Article 18 (Reporting on Transfer of Residence) |
| (1) | In any of the following cases, a recipient of a basic pension shall file a report thereon with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within 30 days, as prescribed by Presidential Decree: Provided, That in cases falling under subparagraph 2 (limited to cases falling under subparagraph 1 of Article 17), a person obliged to report under Article 85 of the Act on the Registration of Family Relationships shall file a report with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: |
| 1. | Where a ground for suspension of payment under Article 16 (1) extinguishes; |
| 2. | Where a ground for loss of entitlement to a basic pension arises, as prescribed in Article 17; |
| 3. | Where any change occurs in the income or property of the recipient of a basic pension or his or her spouse that falls under the standards prescribed by Presidential Decree; |
| 4. | Where the recipient of a basic pension gets married or divorced or his or her spouse dies; |
| 5. | Where any other case prescribed by Ordinance of the Ministry of Health and Welfare occurs. |
| (2) | Where a person with a reporting obligation under Article 85 of the Act on Registration of Family Relationships files a report on the death of a basic pension recipient under Article 84 of the same Act, it shall be deemed that a report under the proviso of paragraph (1) has been filed. <Newly Inserted on Feb. 3, 2016> |
| (3) | Such matters as the information to be included in a report, methods and procedures for filing a report, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 3, 2016> |
| Article 19 (Recovery of Basic Pensions) |
| (1) | Where a person who has received a basic pension falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall recoup the paid basic pension benefits, as prescribed by Presidential Decree. In such cases, if he or she falls under subparagraph 1, interest shall be collected in addition to the paid basic pension benefits: |
| 1. | Where the basic pension is received by fraud or other improper means; |
| 2. | Where a basic pension is paid for the period of suspension of a basic pension prescribed in Article 16; |
| 3. | Where a basic pension is wrongfully paid due to any other reason. |
| (2) | Where any basic pension benefits are payable to a person subject to recoupment of the basic pension benefits to be recovered under paragraph (1) (hereinafter referred to as "amount recoupable"), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may offset the basic pension benefits payable with the amount recoupable. |
| (3) | Where the amount recoupable is less than the amount prescribed by Presidential Decree, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may choose not to recoup it. |
| Article 20 (Notice of, Demand for, and Collection of Amount Recoupable) |
| (1) | In order to collect the amount recoupable under Article 19 (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall give written notice of the payment by fixing a deadline, in which the amount to be recouped, a deadline for payment thereof, etc. are specified. |
| (2) | Where a person given notice under paragraph (1) fails to pay the amount recoupable until the relevant deadline, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall make a demand, fixing a deadline, as prescribed by Presidential Decree. |
| (3) | Where a person who is demanded under paragraph (2) fails to pay the amount recoupable until the relevant deadline, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall collect it pursuant to precedents of dispositions of default on local taxes. |
CHAPTER V PROTECTION OF RIGHTS OF ELIGIBLE RECIPIENTS OF BASIC PENSIONS
| Article 21 (Protection of Entitlement to Basic Pensions) |
| (1) | No entitlement to a basic pension shall be transferred or provided as collateral, nor become subject to seizure. |
| (2) | No money or valuables provided as basic pension benefits shall be seized. |
| Article 22 (Filing of Appeals) |
| (1) | A person dissatisfied with any determination made under Article 13 or other dispositions imposed under this Act may file an appeal with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
| (2) | The filing of an appeal under paragraph (1) shall be conducted in writing within 90 days from the date on which the relevant person becomes aware of such disposition: Provided, That where he or she has attested that such filing could not be carried out within the aforementioned period due to any justifiable ground, he or she may file an appeal within 60 days from the date on which such grounds are extinguished. |
| (3) | Matters necessary for the procedures for filing an appeal, notification of a determination on the results thereof, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 23 (Prescription) |
If the right of an eligible recipient of a basic pension under Article 19 is not exercised within five years, the extinctive prescription shall be completed.
| Article 24 (Treatment of Fraction) |
In calculating basic pension benefits, amount recoupable, etc. under this Act, any fraction of less than 10 won shall be written off.
| Article 25 (Apportionment of Expenses) |
| (1) | The State shall apportion the expense prescribed by Presidential Decree in the range from 40/100 to 90/100 of the expenses incurred in relation to the payment of a basic pension, taking into consideration the demographic ratio of senior citizens, financial condition, etc. of local governments. |
| (2) | Any remainder after deducting the expense to be borne by the State under paragraph (1) shall be mutually shared among the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province (hereinafter referred to as "City/Do") and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply). In this regard, the burden rate thereof shall be prescribed by municipal ordinance of each City/Do and Si/Gun/Gu, following consultations with the Minister of Health and Welfare, taking into consideration the demographic ratio of senior citizens and financial condition, etc. |
| Article 26 (Establishment and Operation of Information System for Basic Pensions) |
| (1) | For the efficient processing and management of data and information related to the basic pension under this Act, the Minister of Health and Welfare may establish and operate a basic pension information system, as prescribed by Presidential Decree (hereinafter referred to as "basic pension information system"). |
| Article 27 (Collection of Data and Information) |
For the smooth provision of basic pension services, the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, and the National Pension Service entrusted with the duties under Article 28 (2) may process the documents, data or information submitted or provided under Articles 11 and 12.
| Article 28 (Delegation of Authority and Entrustment) |
| (1) | Part of the authority of the Minister of Health and Welfare under this Act may be delegated to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | For the smooth provision of basic pension services, the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may entrust the following duties to the National Pension Service established under Article 24 of the National Pension Act, as prescribed by Presidential Decree: <Amended on Feb. 3, 2016> |
| 1. | Acceptance of an application filed under Article 10; |
| 2. | Support for investigations and inquiries under Article 11; |
| 3. | Payment of basic pensions under Article 14 (1); |
| 4. | Receipt of claims for basic pensions payable under the forepart of Article 15 (1); |
| 6. | Notice of, demand for, and collection of the amount recoupable under Article 20; |
| 8. | Establishment and operation of the basic pension information system. |
| (3) | A person delegated or entrusted with the authority under paragraphs (1) and (2) shall be exempted from the charges, fees, etc. to be imposed under the relevant statutes on the data or information provided under Article 11 (2). |
CHAPTER VII PENALTY PROVISIONS
| Article 29 (Penalty Provisions) |
| (1) | Any person who provides or discloses financial information, etc. to third persons, in violation of Article 12 (6), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on Sep. 19, 2017> |
| (2) | Deleted. <Sep. 19, 2017> |
| (3) | Any person who is paid a basic pension by fraud or other improper means shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on Sep. 19, 2017> |
| Article 30 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee, or other servant of a corporation or an individual violates Article 29 (1) in connection with the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual also shall be punished by a fine prescribed in the relevant provisions: Provided, That this shall not apply where the corporation or individual continuously has paid due attention to and supervised relevant affairs in order to prevent such violation. <Amended on Sep. 19, 2017>
| Article 31 (Administrative Fines) |
| (1) | Any person who fails to submit documents or other data pertaining to his or her income and assets under Article 11 (1), provides false data, or refuses, obstructs, or evades investigations and inquiries, or makes false replies, without good cause, shall be punished by an administrative fine not exceeding 200 thousand won. |
| (2) | Any person who fails to file a report under Article 18 without any justifiable ground shall be punished by an administrative fine not exceeding 100 thousand won. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDA <Act No. 12617, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2014: Provided, That Article 15 (5) of the Addenda shall enter into force on August 7, 2014. Article 2 (Repeal of Other Acts)
Article 3 (Preparations for Enforcement of the Act)
| (1) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it necessary to enforce this Act, he or she may receive applications for payment of basic pensions under Article 10 (1) before this Act enters into force. In such cases, he or she may allow a basic pension applicant and his or her spouse to submit a written consent under Article 10 (2). |
| (2) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the heads of the relevant institutions to provide data or information necessary to prepare for the enforcement of this Act under Article 11 (2) before this Act enters into force. |
| (3) | Where the Minister of Health, Welfare and Family Affairs deems it necessary to enforce this Act, he or she may request the heads of financial institutions, etc. to provide financial information, etc. under Article 12 before this Act enters into force. |
| (4) | Where the Minister of Health, Welfare and Family Affairs deems it necessary to enforce this Act, he or she may take measures necessary for establishing and operating the basic pension information system before this Act enters into force. |
| (5) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may take measures necessary for the implementation of the scheme, such as the determination and payment under Articles 13 and 14, before this Act enters into force. |
Article 4 (Applicability to Suspension of Payment of Basic Pensions)
Article 16 (1) 3 shall apply to any person who departs from the Republic of Korea after this Act enters into force. Article 5 (Special Cases on Payment of Basic Pensions)
| (1) | Notwithstanding the provisions of Article 3 (3), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may pay 50 percent of the standard pension benefits to a person who meets all the following requirements among persons excluded from the scope of eligible recipients of basic pensions by falling under Article 3 (3) as at the time this Act enters into force: |
| 1. | He or she must be born on or before June 30, 1949; |
| 3. | His or her assessed income shall not exceed the standard amount selected. |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may pay an amount equivalent to 50 percent of the basic benefits of the pensions for persons with disabilities to a person who meets all the following requirements among persons to be excluded from the scope of eligible recipients of basic pensions by falling under Article 3 (3) as at the time he or she reaches the age of 65 after this Act enters into force, notwithstanding the provisions of the same Article 3 (3): |
| 2. | He or she must be born on or before June 30, 1996; |
| 4. | His or her assessed income as at the time he or she reaches the age of 65 shall not exceed the standard amount selected. |
| (3) | When the assessed income of an eligible recipient of a basic pension exceeds the standard amount selected (referring to the standard amount selected which is publicly notified under Article 3 (1) and applied for the relevant year) after a basic pension is paid under paragraph (1) or (2), the basic pension shall not be paid from the month following the month in which such case occurs. |
| (4) | When a basic pension is paid to an eligible recipient of a basic pension under paragraph (1) or (2), the basic pension benefits may be reduced under Article 8. |
Article 6 (Establishment of Scheme Improvement Committee)
A scheme improvement committee shall be established and operated under the jurisdiction of the National Assembly to examine financial conditions and effects of reducing the poverty of senior citizens, meeting the schedule for financial accounting of national pension scheme which is conducted under Article 4 of the National Pension Act to develop the long-term schemes of basic pension and national pension. Article 7 (Transitional Measures concerning Standard Pension Benefits)
The standard pension benefits from the date this Act enters into force until it is publicly notified under Article 5 (2) shall be 200 thousand won. Article 8 (Transitional Measures concerning Application for Payment of Basic Pensions)
| (1) | Recipients and eligible recipients of basic old-age pensions, and applicants for basic old-age pensions under the former Basic Old-Age Pension Act as at the time this Act enters into force shall be deemed applicants for the payment of basic old-age pensions on the date this Act enters into force. |
| (2) | In cases of recipients and eligible recipients under the former Basic Old-Age Pension Act as at the time this Act enters into force, among persons who are deemed to have applied for basic pensions under paragraph (1), investigations under Article 11 in connection with the accrual of the entitlement to a basic pension may be omitted deeming them to be eligible recipients of basic pensions under this Act. |
Article 9 (Transitional Measures concerning Consent to Provision of Financial Information, etc.)
Consent to the provision of data or information submitted under Article 6 (2) of the former Basic Old-Age Pension Act as at the time this Act enters into force by a person who is deemed to have applied for the payment of a basic pension under Article 8 (1) of the Addenda shall be deemed consent to the provision of financial information, etc. submitted to the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (including persons delegated or entrusted with authority under Article 28) under Article 10 (2) of this Act. Article 10 (Transitional Measures concerning Personal Information, etc.)
Personal information, financial information, etc. collected, managed, and kept under Articles 7 and 7-2 of the former Basic Old-Age Pension as at the time this Act enters into force shall be deemed personal information, financial information, etc. collected, managed, and kept under Articles 11 and 12 of this Act. Article 11 (Transitional Measures concerning Payment of Former Basic Old-Age Pensions)
| 2. | A person who has failed to file a report on the extinguishment of grounds for suspending payment of a basic old-age pension under the former Basic Old-Age Pension Act or its subordinate statutes, though such grounds have been extinguished after he or she has been suspended from the payment of a basic old-age pension under Article 10 of the former Basic Old-Age Pension Act. |
Article 12 (Transitional Measures concerning Recovery of Former Undue Gains)
| (2) | Where any basic pension benefits are payable to a person subject to the recoupment of the amount of basic old-age pension benefits to be recovered under paragraph (1), the basic pension benefits payable may be offset with the amount of basic old-age pension benefits. |
Article 13 (Transitional Measures concerning Former Application for Appeals)
Article 14 (Transitional Measures concerning Penalty Provisions)
Article 15 Omitted.
Article 16 (Relationship with other Statutes)
Where any other statutes cite the former provisions of the former Basic Old-Age Pension Act 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 former provisions, if any provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 13988, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting of Death)
The amended provisions of Article 18 (2) shall also apply where a death is reported under the Act on Registration, etc. of Family Relationships before this Act enters into force.
ADDENDA <Act No. 14474, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 14881, Sep. 19, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15522, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 30 Omitted.
ADDENDUM <Act No. 15536, Mar. 27, 2018>
This Act shall enter into force on September 1, 2018.
ADDENDA <Act No. 16240, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16241, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2019.
Article 2 (Preparatory Actions for Enforcement of This Act)
The Minister of Health and Welfare may determine and publicly notify the income threshold for identifying low-income individuals prescribed in the amended provisions of Article 5-2 (2) before this Act enters into force.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 16761, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 16868, Jan. 21, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Effective Period)
Article 5-2 shall remain effective until December 31, 2020. Article 3 (Applicability to Applicable Period for Standard Pension Benefits and Calculation Thereof)
The amended provisions of Articles 5 (2) and 5-2 (1) shall begin to apply to the standard pension benefits for the month on which the date of promulgation falls.
ADDENDUM <Act No. 18213, Jun. 8, 2021>
This Act shall enter into force on January 1, 2022.