ENFORCEMENT DECREE OF THE PUBLIC OFFICIALS’ ACCIDENT COMPENSATION ACT
Presidential Decree No. 29180, Sep. 18, 2018
Amended by Presidential Decree No. 30256, Dec. 24, 2019
Presidential Decree No. 30760, jun. 9, 2020
Presidential Decree No. 30893, Aug. 4, 2020
Presidential Decree No. 30970, Aug. 25, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31820, jun. 22, 2021
Presidential Decree No. 32529, Mar. 8, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Public Officials’ Accident Compensation Act and matters necessary for the enforcement thereof.
| Article 2 (Employees Other than Regular Public Officials) |
| Article 3 (Requirements for Persons Who Died in Course of Performing Official Duties) |
Cases where the State or a local government indirectly makes the payment of remuneration, allowances, etc. pursuant to Article 3 (1) 2 (c) of the Act shall be those falling under any of the following: | 3. | Other cases deemed by the Minister of Personnel Management to be equivalent to those specified in subparagraph 1 or 2 after deliberation by the Public Officials’ Accident Compensation Deliberative Committee established under Article 6 of the Act (hereinafter referred to as the "Deliberative Committee"). |
| Article 4 (Criteria for Recognizing Survivors) |
| (1) | The criteria for recognizing whether a person who is or was a public official (hereinafter referred to as "current or previous public official") has been supporting a person defined in any item of Article 3 (1) 5 of the Act, when the person dies, shall be as specified in attached Table 1. |
| (3) | The fact that an embryo or fetus is a child or grandchild shall be substantiated by a medical certificate issued by a medical care institution pursuant to Article 24 of the Act (hereinafter referred to as "medical care institution"). <Amended on Jun. 22, 2021> |
| Article 5 (Detailed Criteria for Recognizing Accidents in Line of Duty) |
| (1) | "Reasons ... prescribed by Presidential Decree” in the proviso of Article 4 (2) of the Act means any of the following cases: <Amended on Jun. 8, 2021> |
| 1. | Where a public official who received or is receiving medical care for mental illness arising in the course of performing his or her official duties or in connection with the official duties does self-inflicted harm in a state of mental disorder; |
| 2. | Where a self-inflicted harm is committed by a public official, who is under medical care due to a line-of-duty injury or illness, while in a state of mental disorder; |
| 3. | Other cases where a proximate causal relation is deemed to exist, showing that self-inflicted harm is done in a state of mental disorder in the course of performing his or her official duties or in connection with the official duties. |
| (2) | Detailed criteria for recognizing accidents in the line of duty under Article 4 (6) of the Act shall be as specified in attached Table 2. |
| Article 6 (Matters to Be Deliberated by Deliberative Committee) |
“Matters prescribed by Presidential Decree” in subparagraph 7 of Article 6 of the Act means the following matters: <Amended on Jun. 22, 2021> | 3. | Deleted; <Jun. 22, 2021> |
| 4. | Whether the medical care under Article 37 is completed; |
| 5. | Determination and change of disability ratings under Article 40, 43, or 44; |
| 6. | Other matters which the Minister of Personnel Management deems necessary for the management of the public officials' accident compensation system. |
| Article 7 (Consecutive Appointment of Members of Deliberative Committee and Other Relevant Matters) |
| (1) | Members of the Deliberative Committee may be appointed consecutively only twice pursuant to the main clause of Article 7 (4) of the Act. |
| (2) | No member of the Deliberative Committee shall concurrently serve as a member of the Public Officials’ Accident Compensation Pension Committee established under Article 52 of the Act. |
| (3) | Where a member of the Deliberative Committee falls under any of the following categories, the Minister of Personnel Management may dismiss or decommission the member from office: |
| 1. | Where a member becomes unable to perform his or her duties due to mental or physical disability; |
| 2. | Where a member commits misconduct in connection with his or her duties; |
| 3. | Where a member is deemed unsuitable to be a member of the Deliberative Committee due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where a member of the Deliberative Committee voluntarily admits that it is difficult for him or her to perform the duties. |
| Article 8 (Duties of Chairperson of Deliberative Committee) |
| (1) | The chairperson shall represent the Deliberative Committee and exercise general supervision over its duties. |
| Article 9 (Meetings of Deliberative Committee) |
| (1) | The chairperson shall convene and preside over meetings of the Deliberative Committee. |
| (2) | A majority of the members described in Article 7 (5) of the Act shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (3) | A meeting of the Deliberative Committee may be held in the form of a teleconference where participants, such as the committee members, the claimant of benefits, relevant public officials, and other interested parties (hereafter in this paragraph referred to as "attendees"), are present at different locations equipped with video and audio devices enabling simultaneous communication. In such cases, the members of the Deliberative Committee and attendees shall be deemed present at the same meeting place. <Newly Inserted on Jun. 22, 2021> |
| Article 10 (Executive Secretaries of Deliberative Committee) |
| (1) | The Deliberative Committee shall have several executive secretaries to process the affairs of the Deliberative Committee. |
| (2) | The Minister of Personnel Management shall appoint executive secretaries from among public officials of the Ministry of Personnel Management. |
| Article 11 (Allowances and Others for Members of Deliberative Committee) |
Allowances and travel expenses may be paid and reimbursed within the budget to members of the Deliberative Committee and other interested parties, etc. who attend a meeting of the Deliberative Committee under Article 7 (6) of the Act: Provided, That the foregoing shall not apply to a public official attending the meeting of the Deliberative Committee in direct connection with his or her duties.
| Article 12 (Request for Investigation to Verify Causes for Paying Benefits) |
| (1) | The Minister of Personnel Management [including the Government Employees Pension Service established under the Public Officials Pension Act (hereinafter referred to as the "GEPS") entrusted with affairs pursuant to Article 61 of the Act] may, if it is deemed necessary for the verification of causes for paying benefits and deliberation on benefits, etc., make a request to conduct investigation to a working environment measurement institution referred to in Article 126 (1) of the Occupational Safety and Health Act or any other institution authorized to determine whether a person suffers an injury or disease incurred in the line of duty, or may seek opinions from experts. <Amended on Dec. 24, 2019> |
| (2) | Where a request for investigation is made or opinions are sought pursuant to under paragraph (1), necessary expenses may be paid within the budget. |
| Article 13 (Detailed Guidelines for Operation of Deliberative Committee) |
Except as provided in this Decree, matters necessary for the operation of the Deliberative Committee shall be determined by the chairperson upon resolution at the Deliberative Committee.
SECTION 1 General Provisions
| Article 14 (Procedures for Claim for and Determination of Benefits) |
| (1) | Any person who intends to receive benefits specified in Article 8 of the Act (excluding disaster relief money and death condolence money for public officials of local governments pursuant to Article 9 (4) of the Act; hereafter in this Article the same shall apply) shall file a claim for benefits with the GEPS. |
| (2) | Where the benefits claimed pursuant to paragraph (1) fall under any subparagraph of Article 9 (2) of the Act, the GEPS shall verify whether the relevant public official has obtained a confirmation by the head of the agency to which he or she is or was assigned (hereinafter referred to as "head of the agency dealing with pensions") in accordance with the main clause, with the exception of the subparagraphs, of Article 9 (2) and whether the public official has prepared the documents for claiming benefits pursuant to the Act and this Decree (excluding cases specified in the proviso, with the exception of the subparagraphs, of Article 9 (2) of the Act); and shall send the results of the verification and investigation of factual relations to the Minister of Personnel Management, along with the documents for claiming benefits. |
| (3) | Upon receipt of documents, etc. for claiming benefits sent under paragraph (2), the Minister of Personnel Management shall decide whether the relevant claimant meets requirements for respective benefits after deliberation thereon by the Deliberative Committee, and send a written decision thereon to the claimant, the head of the agency dealing with pensions, and the GEPS: Provided, That a written decision on medical care benefits classified in subparagraph 1 of Article 8 of the Act (hereinafter referred to as "medical care benefits") shall be sent to the institutions re-entrusted with the affairs of paying the costs of medical care benefits or other relevant affairs under Article 85 (2). |
| (4) | Upon receipt of a written decision (referring to a decision that the claimant meets the requirements for benefits) sent under the main clause of paragraph (3), the GEPS shall calculate and pay the amount of respective benefits based on the Act and this Decree. |
| (5) | Where the benefits claimed under paragraph (1) are benefits other than those classified in the subparagraphs of Article 9 (2) of the Act, the GEPS shall calculate and pay the amount of the benefits pursuant to the Act and this Decree after examining requirements for respective benefits. |
| (6) | "Benefits prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 9 (2) of the Act means medical care benefits. |
| Article 15 (Methods of Payment of Benefits) |
| (1) | Benefits shall be paid using a savings account of the eligible recipient of the benefits which is opened at a post office or financial company re-entrusted with payment of the benefits by the GEPS pursuant to Article 61 (6) of the Act and Article 85 (1) of this Decree: Provided, that where a local government pays benefits and where it is deemed necessary for protecting the entitlement for benefits under Article 18 of the Act, the relevant local government or the GEPS may specify a different payment method. |
| (2) | Benefits deposited at a savings account of an eligible recipient of benefits pursuant to paragraph (1) shall be deemed received by the eligible recipient. |
| Article 16 (Application for Change of Types of Benefits) |
| (1) | Where a person (including persons who has selected and claimed benefits under Article 20 (1), (2), and (7) of the Act) who has claimed disability benefits under subparagraph 3 of Article 8 of the Act (hereinafter referred to as "disability benefits") or accident benefits for survivors under subparagraph 5 of Article 8 of the Act (hereinafter referred to as "accident benefits for survivors") intends to change the type of benefits, he or she shall submit an application for change thereof to the Minister of Personnel Management before the commencement of payment of benefits or within 30 days from the payment date (referring to the initial payment date in the case of benefits which are a pension). |
| (2) | In cases falling under paragraph (1), benefits already received shall be returned together with the interest [which is calculated by applying the highest interest rate among the interest rates of time deposits as of January 1, which are applied for each relevant year by the banks operating across the nation (hereinafter referred to as "nationwide banks") among banks established under the Banking Act] calculated by the number of days from the date following the date the benefits are received to the date they are returned. |
| Article 17 (Reference Date for Calculating Amount of Benefits) |
| (2) | Where a cause for payment of benefits occurs due to retirement or after retirement, the date the cause for payment of benefits occurs, which is the basis for calculating the amount of standard monthly income referred to in Article 10 (1) of the Act and the average amount of standard monthly income of all public officials pursuant paragraph (2) of that Article, shall be deemed the date immediately preceding the date of retirement. |
| (3) | Notwithstanding paragraph (1), where a cause for payment of any of the following benefits occurs before determining and applying the amount of standard monthly income of the pertinent year based on the income accrued over the previous year (referring to the period from January to April of the pertinent year), such amount of standard monthly income shall be the amount calculated pursuant to Article 5 (2) of the Enforcement Decree of the Public Officials Act: |
| 2. | Survivors’ pension for a public official who died in the line of duty as classified in subparagraph 5 (b) (i) of Article 8 of the Act (hereinafter referred to as "survivors’ pension for a public official who died in the line of duty"); |
| 3. | Survivors’ pension for a public official who died in the line of duty while under danger as classified in subparagraph 5 (c) (i) Article 8 of the Act (hereinafter referred to as "survivors’ pension for a public official who died in the line of duty while under danger"). |
| (4) | Notwithstanding paragraphs (1) and (3), where a cause for payment of disability benefits occurs in the pertinent year after an increase in the amount of monthly payment resulting from promotion, transfer of a position, change of an assigned position, or the like, the amount of standard monthly income shall be the amount calculated pursuant to the main clause, with the exception of the subparagraphs, of Article 5 (3) of the Enforcement Decree of the Public Officials Pension Act; and where a cause for payment of a survivors’ pension for a public official who died in the line of duty or a survivors’ pension for a public official who died in the line of duty while under danger occurs, the amount of standard monthly income shall be the amount calculated in accordance with the proviso, with the exception of the subparagraphs, of that paragraph. |
| Article 18 (Method of Paying Benefits to Representative of Survivors) |
| (1) | If at least two persons among survivors are in the same order of priority to receive accident benefits for survivors and delegate the receipt of the benefits payable to all of them to a representative selected from among the survivors in the same order of priority or their legal representatives, the GEPS may pay the whole amount of the benefits to the representative instead of equally dividing and paying the benefits to each of them pursuant to Article 11 (2) of the Act. |
| (2) | Delegation under paragraph (1) shall be made by submitting to the GEPS or the head of the agency dealing with pensions a statement of selection of the representative of survivors to which delegating persons have affixed their signatures, along with the following documents classified as follows: |
| 1. | If a delegating person is an adult: A copy of an identification card issued by a public institution, which makes it possible to identify the delegating person, such as his or her resident registration card; |
| 2. | If a delegating person is a minor: A copy of an identification card issued by a public institution, which makes it possible to verify the identity of the legal representative of the minor, such as his or her resident registration card. |
| Article 19 (Special Cases concerning Payment of Benefits Where No Survivor Exists) |
| (1) | "Amount of money not exceeding the limit prescribed by Presidential Decree" in Article 12 (1) of the Act means the amount classified as follows: |
| 1. | Benefits which are a pension: An amount obtained by multiplying three years’ worth of the amount of the original pension at the time of death by the rate calculated according to the following formula: |
| 2. | Any of the following benefits: The full amount of the original benefits: |
| (a) | Medical care benefits; |
| (b) | Rehabilitation benefits under subparagraph 2 of Article 8 of the Act (hereinafter referred to as “rehabilitation benefits”); |
| (c) | Lump-sum payment for disability under subparagraph 3 (b) of Article 8 of the Act (hereinafter referred to as "lump-sum payment for disability"); |
| (d) | Nursing benefits under subparagraph 4 of Article 8 of the Act (hereinafter referred to as “nursing benefits”); |
| (e) | Survivors’ compensation for a public official who died in the line of duty while under danger under subparagraph 5 (c) (ii) of Article 8 of the Act (hereinafter referred to as "survivors’ compensation for a public official who died in the line of duty while under danger"); |
| (f) | Relief benefits under subparagraph 6 of Article 8 of the Act (hereinafter referred to as "relief benefits"); |
| 3. | Survivors’ compensation for a public official who died in the line of duty under subparagraph 5 (b) (ii) of Article 8 of the Act (hereinafter referred to as "survivors’ compensation for a public official who died in the line of duty"): 1/2 of the amount of the original benefits. |
| (2) | The GEPS or the head of a local government may pay the benefits referred to in paragraph (1) to the head of the agency dealing with pensions of a current or previous public official who deceases without leaving even a lineal ascendant or descendant who is not a survivor, to use them to prepare a tomb, utensils for commemorative rites, monument, etc. or to cover expenses for a commemoration project, etc. or medical care expenses incurred before his or her death. |
| Article 20 (Issuance of Pension Certificates) |
The GEPS shall issue a pension certificate to each person who receives benefits which are a pension (hereinafter referred to as "recipient of a pension").
| Article 21 (Pension Payment Date) |
The payment date of benefits which are a pension under Article 13 (3) of the Act shall be the 25th day of each month: Provided, That if the payment date is a Saturday or public holiday, the pension shall be paid on the date immediately preceding such day and may be paid before such payment date if the entitlement to receive a pension becomes extinguished.
| Article 22 (Claim for Settlement of Pensions for Reason of Emigration or Loss of Nationality) |
| (1) | Where a recipient of a pension who is emigrating to a foreign country intends to receive a lump-sum payment in lieu of the benefits which are a pension pursuant to Article 15 (1) of the Act, he or she shall submit to the GEPS a claim for settlement of the pension, along with documents substantiating emigration, such as a certificate of departure from the Republic of Korea or certificate of expected departure from the Republic of Korea. |
| (2) | Where a recipient of a pension who has lost his or her nationality of the Republic of Korea intends to receive a lump-sum payment in lieu of benefits which are a pension pursuant to Article 15 (2) of the Act, he or she shall submit to the GEPS a claim for settlement of the pension, along with documents substantiating the loss of his or her nationality of the Republic of Korea, such as a certified copy of archived family relation register, or an identification certificate among certificates on the recorded matters of family relations. |
| Article 23 (Inspection of Personal Affairs of Recipients of Pensions) |
| (1) | To identify any changes in the status of a recipient of a pension affecting benefits which are a pension, the GEPS may request a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the recipient's residence or place of registration to inspect his or her personal affairs, pursuant to Article 57 of the Act. |
| (2) | Upon receipt of a request for inspection under paragraph (1), a Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "head of the Si/Gun/Gu") shall inspect the requested matters without delay and notify the GEPS of the findings thereof. |
| (3) | To check the changes, extinguishment, etc. of the entitlement to receive a pension, the GEPS may inspect the recipient, his or her family members, or other relevant persons about whether the recipient is deceased or divorced, maintains a livelihood, or fulfills the responsibility of child rearing, or ask other relevant information; or may request them to submit data related thereto, pursuant to Article 57 (1) through (3) of the Act. <Amended on Jun. 22, 2021> |
| (4) | A recipient residing in a foreign country shall submit documents stating changes in his or her status as of May 31 of each year to the GEPS by June 30 of each year after obtaining confirmation from the head of the competent diplomatic mission abroad (in cases of a country where no diplomatic mission abroad has been established, referring to the head of a diplomatic mission abroad located in an adjacent country). |
| (5) | If a recipient fails to submit the data described in paragraph (3) or (4) without good cause, the GEPS may suspend the payment of benefits pursuant to Article 57 (4) of the Act. In such cases, the fact that the payment of benefits may be suspended if the data referred to in paragraph (3) or (4) are not submitted shall be notified in advance to the recipient, his or her family members, etc. before suspending the payment of benefits. |
| (6) | The GEPS shall resume the payment of benefits immediately after the reason for the suspension of benefits under paragraph (5) is resolved. |
| Article 24 (Recovery of Benefits) |
| (1) | The interest and recovery expenses which shall be collected in addition to the amount of benefits pursuant to the latter part, with the exception of the subparagraphs, of Article 16 (1) of the Act shall be as follows: in such cases, the calculation period of the interest to be added to the amount of benefits shall be from the date following the date the benefits are received to the date the amount of benefits and interest to be recovered (hereinafter referred to as "amount to be recovered") are determined and notified, and such interest shall be included in the amount of benefits on a yearly basis and the amount of interest thereafter shall be calculated based on such amount: |
| 1. | Interest: The amount calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; |
| 2. | Recovery expenses: The amount calculated by the GEPS or the head of a local government as travel expenses required to investigate the recovery of benefits and other expenses required for the recovery. |
| (2) | Where a person liable to pay an amount to be recovered fails to pay it by the payment deadline pursuant to the latter part, with the exception of the subparagraphs, of Article 16 (1) of the Act, the interest for arrears shall be the amount calculated by applying the interest rate that is twice the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year during the calculation period of the interest for arrears. In such cases, the calculation period of interest for arrears shall be from the date following the payment deadline to the date the amount to be recovered is paid. |
| (3) | Where a person who has received benefits or the head of an agency dealing with pensions becomes aware of any of the facts described in the subparagraphs of Article 16 (1) of the Act, he or she shall, without delay, report or notify such fact to the GEPS or the head of a local government. |
| (4) | When the GEPS or the head of a local government becomes aware of any reason for recovery of benefits by receiving a report or notification under paragraph (3) or by any other means, it, he, or she shall conduct an investigation without delay, send a written notice of return of the amount to be recovered to the person who has received the benefits, and notify the head of the competent agency dealing with pensions of the fact thereof. |
| (5) | A person upon receipt of a written notice of return under paragraph (4) shall pay the amount to be recovered within 30 days from the date of receiving the written notice of return: Provided, That in cases falling under Article 16 (1) 2 or 3 of the Act, he or she may submit an application for installment payments of the amount to be recovered to the GEPS or the head of a local government, obtain approval therefrom, and make installment payments each month from the month following the month in which the date of such approval falls, to the extent classified as follows: |
| 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. |
| (6) | Interest to be added where installment payments are made pursuant to the proviso, with the exception of the subparagraphs, of paragraph (5) (excluding cases falling under Article 16 (1) 3 of the Act where benefits are erroneously paid from the beginning due to a mistake of, or omission by, the head of an agency dealing with pensions or the GEPS) shall be calculated by applying the highest interest rate prescribed in paragraph (1) 1 to the amount to be recovered during the period of installment payments. In such cases, the amount to be paid per installment shall be the amount calculated by equally dividing the principal and interest by the number of installments. |
| (7) | Where a person who obtains approval of installment payments of an amount to be recovered pursuant to the proviso, with the exception of the subparagraphs, of paragraph (5) fails to make installment payments for at least three months, the GEPS or the head of a local government may cancel the approval of installment payments and recover the amount to be recovered and interest for arrears in a lump sum. |
| (8) | Where the whole amount to be returned by the payment deadline prescribed in the main clause, with the exception of the subparagraphs, of paragraph (5) (in cases of installment payments under the proviso, with the exception of the subparagraphs, of paragraph (5), referring to the payment deadline of the last installment payment) is not paid or where the amount to be returned and interest for arrears are to be recovered in a lump sum pursuant to paragraph (7), the GEPS or the head of a local government shall collect them in the same manner as delinquent national taxes or local taxes are collected pursuant to Article 16 (2) of the Act. |
| (1) | The GEPS or the head of a local government may write off benefits in accordance with Article 16 (3) 3 of the Act in any of the following cases: |
| 1. | Where the whereabouts of the defaulter is unknown for a long period or it turns out that the defaulter has no property; |
| 2. | Other cases where it is deemed impractical to recover benefits due to any unavoidable reason. |
| (2) | Where the GEPS writes off benefits pursuant to paragraph (1) 2, it shall obtain approval therefor from the Minister of Personnel Management. |
| Article 26 (Adjustment to Other Benefits Borne by the State) |
The head of an agency dealing with pensions shall ascertain whether a person has any ground for deduction as described in Article 20 (5) of the Act and, if any, send to the GEPS a claim for benefits, stating the ground for the relevant deduction.
| Article 27 (Adjustment to Third Party's Compensation for Damage) |
| (1) | Where a current or previous public official has suffered an injury or disease, has sustained a disability, or is deceased (hereafter in this Article referred to as "injury, etc.") due to a third person's harmful act, a person who is eligible to receive medical care benefits, rehabilitation benefits, disability benefits, nursing benefits, survivors’ compensation for a public official who died in the line of duty, or survivors’ compensation for a public official who died in the line of duty while under danger and the medical care institution in charge of the care shall, without delay, report to the head of the agency dealing with pensions the fact that the current or previous public official has suffered the injury, etc. due to the third person's harmful act. |
| (2) | Upon receipt of a report filed under paragraph (1), the head of the agency dealing with pensions shall without delay investigate the details of the harmful act and matters regarding compensation for damage pursuant to the Compulsory Motor Vehicle Liability Security Act or any other statute or regulation and shall send the results of investigation to the GEPS. |
| (3) | If an eligible recipient of benefits receives any compensation for damage from a third person who has committed a harmful act after receiving the relevant benefits as he or she has failed to receive such compensation from the third person at the time of claiming the benefits under paragraph (1), the recipient shall immediately report on the receipt to the GEPS and submit documents related to the compensation for damage. |
SECTION 2 Medical Care Benefits
| Article 28 (Approval of Medical Care Related to Performance of Official Duties) |
| (1) | A current or previous public official who intends to receive medical care at a medical care institution in accordance with Article 22 (1) of the Act due to an accident in the line of duty shall submit an application for approval of medical care related to the performance of official duties to the head of the agency dealing with pensions or the GEPS, along with a report of the occurrence of an accident and a medical certificate issued by the medical care institution which contains the period of medical care: Provided, That where a prior approval is not available because urgent measures are required for an injury or disease, an application for approval of medical care shall be filed without delay after the commencement of the medical care. <Amended on Mar. 8, 2022> |
| (2) | Where a current or previous public official has submitted an application for approval pursuant to paragraph (1) to the head of the agency dealing with pensions, the head of the agency dealing with pensions shall submit the application to the GEPS, along with a written investigation of the details of the injury or disease, within seven days after investigating the details; and where a current or previous public official has submitted to the GEPS an application for approval pursuant to paragraph (1), the GEPS shall require the head of the agency dealing with pensions to send a written investigation of the details of the injury or disease to the GEPS within seven days after investigating the details. |
| (3) | Upon receipt of an application for approval of medical care related to the performance of official duties submitted under paragraphs (1) and (2), the GEPS shall send the results of the verification and investigation of factual relations to the Minister of Personnel Management, along with the application for approval of medical care related to the performance of official duties. |
| (4) | Upon receipt of an application for approval of medical care related to the performance of official duties and other relevant results sent under paragraph (3), the Minister of Personnel Management shall decide whether to provide medical care and the period of medical care after deliberation thereon by the Deliberative Committee, and shall send the written decision to the applicant, the head of the agency dealing with pensions, and the institution re-entrusted with the affairs of paying the costs of medical care benefit and other affairs referred to in Article 85 (2). |
| Article 29 (Extension of Period of Medical Care Related to Performance of Official Duties) |
| (1) | Where a current or previous public official intends to receive medical care in excess of the period of medical care approved pursuant to Article 28 (4), or to extend the period of medical care after three years of actual medical care pursuant to the proviso of Article 22 (2) of the Act, such current or previous public official shall submit to the GEPS an application for extension of the period of medical care related to the performance of official duties, along with a medical certificate (limited to one issued by a medical care institution, stating a doctor's opinion regarding the details of necessary medical care, whether it is necessary to extend the period of medical care, and a period necessary for medical care). |
| (2) | Upon receipt of an application for approval for extension of the period of medical care related to the performance of official duties sent under pursuant to paragraph (1), the GEPS shall decide whether to grant approval for the extension of the medical care period and a period of medical care (limited to where a decision to extend the medical care period is made) and shall send a written decision to the applicant and the institution re-entrusted with the affairs of paying medical care benefits and other affairs referred to in Article 85 (2). |
| Article 30 (Claims for and Payment of Costs of Medical Care Benefits) |
| (1) | Where a medical care institution has provided any medical care or additional medical care related to the performance of official duties under Article 22 or 23 of the Act, it shall claim the costs of medical care benefits calculated pursuant to Article 25 of the Act to the GEPS, and the GEPS shall examine the content of the claim and pay the costs to the medical care institution. |
| (2) | Notwithstanding paragraph (1), the GEPS may directly pay the principal any of the following costs of medical care benefits: |
| (3) | A person who intends to receive the costs of medical care benefits referred to in paragraph (2) 1 shall file a written claim for the costs of medical care benefits with the GEPS, along with the relevant detailed statement. |
| (4) | Where a public official is deemed to be in urgent need to be paid the costs of medical care benefits due to the fact that he or she sustained an injury in the course of performing his or her official duties, the GEPS may take necessary measures for medical care related to the performance of official duties, such as notifying the medical care institution of its intent to pay the costs of medical care benefits and the scope of the payment, even before approving medical care related to the performance of official duties under Article 28. |
| Article 31 (Payment Procedures following Re-Entrustment of Affairs of Paying Medical Care Benefits) |
| (1) | Where the GEPS has re-entrusted the affairs of paying the costs of medical care benefits pursuant to Article 85 (2), a medical care institution that has provided medical care or additional medical care related to the performance of official duties pursuant to Article 22 or 23 of the Act shall file a written claim for costs of medical care benefits with an institution re-entrusted with the affairs of paying medical care benefits, along with the relevant detailed statement. |
| (2) | Where the institution re-entrusted with the affairs of paying the costs of medical care benefits makes a payment to the medical care institution in accordance with the written claim filed under paragraph (1), it shall submit the written claim for costs of medical care benefits to the GEPS, along with the detailed statement, and the GEPS shall examine it within one month and pay the costs of medical care benefits to the institution re-entrusted with the affairs. |
| Article 32 (Requirements and Procedures for Additional Medical Care) |
| (1) | A person who has received medical care benefits may apply for additional medical care pursuant to Article 23 of the Act, if he or she satisfies all of the following requirements: Provided, That where a person has received a lump-sum payment for disability pursuant to Article 28 of the Act, he or she shall not apply for additional medical care within five years from the date of payment: |
| 1. | There shall be a proximate causal relationship between the line-of-duty injury or disease cured and the injury or disease requiring additional medical care; |
| 2. | It shall be recognized that the injury or disease requiring additional medical care needs active treatments, such as operations (including surgeries to remove internal fixators, such as metal pins inserted through intramedullary nailing, and revision surgeries on amputated parts to implant prosthesis), and medical treatment effects can be expected. |
| (2) | A current or previous public official who intends to receive additional medical care pursuant to paragraph (1) shall submit to the GEPS an application for approval of additional medical care related to the performance of official duties, along with the following documents: |
| 1. | A medical certificate (limited to one issued by a medical care institution, stating a doctor's opinion regarding the details of necessary additional medical care and a period necessary therefor); |
| 2. | Copies of medical records related to the medical care under Articles 28 and 29 and other medical records substantiating the grounds described in the subparagraphs of paragraph (1). |
| (3) | Upon receipt of an application for approval of additional medical care under paragraph (1) or (2), the GEPS shall send the results of the verification and investigation of factual relations to the Minister of Personnel Management, along with documents related to application for approval of additional medical care. |
| (4) | Upon receipt of documents related to application for approval of additional medical care and other relevant results sent under paragraph (3), the Minister of Personnel Management shall decide whether to approve the additional medical care and a period of additional medical care after deliberation thereon by the Deliberative Committee and shall send the written decision to the applicant, the GEPS, and the institution re-entrusted with the affairs of paying the costs of medical care benefits and other affairs referred to in Article 85 (2). |
| (5) | Where it is deemed necessary for deciding whether to grant approval of additional medical care, the Minister of Personnel Management may require a medical diagnosis at a medical care institution designated by the Minister of Personnel Management. In such cases, the Minister of Personnel Management shall pay expenses incurred in conducting diagnosis. <Amended on Aug. 25, 2020> |
| Article 33 (Advice on Medical Care) |
The GEPS may commission a medical specialist as an advisor for medical care in order to provide advice on medical care benefits (limited to affairs entrusted pursuant to Article 61 (1) of the Act), rehabilitation benefits, nursing benefits, etc.
| Article 34 (Calculation of Costs of Medical Care Benefits) |
"Costs of medical care benefits prescribed by Presidential Decree" in subparagraph 3 of Article 25 of the Act means the following: | 1. | Costs of medical care benefits determined by the Minister of Personnel Management, which are necessary to cover expenses for medicine, medical practice, treatment (including cosmetic surgery), apparatus, rehabilitation treatment, etc., where it is impracticable to receive ordinary treatment with medical care prescribed in subparagraphs 1 and 2 of Article 25 of the Act or where a separate medical care is necessary since it is impracticable to live an ordinary social life after treatment; |
| 2. | Costs of medical care benefits determined by the Minister of Personnel Management out of the amount of costs exceeding the prices for payment of the costs of medical care benefits prescribed in subparagraphs 1 and 2 of Article 25 of the Act. |
| Article 35 (Medical Care at Medical Institutions Other Than Medical Care Institutions) |
| (1) | Where a current or previous public official receives medical care or additional medical care related to the performance of official duties pursuant to Article 22 or 23 of the Act at a medical institution other than a medical care institution due to urgent necessity or any other unavoidable circumstance, the Minister of Personnel Management may pay costs of medical care benefits only where he or she deems it necessary. |
| (2) | When a current or previous public official receives medical care at a medical institution other than a medical care institution pursuant to paragraph (1), he or she shall, without delay, file an application for approval of medical care related to the performance of official duties pursuant to Article 28 when such medical care is started. In such cases, he or she shall attach a statement of the reason medical care is not provided at a medical care institution to the application. |
| (3) | Article 25 of the Act and Article 34 of this Decree shall apply mutatis mutandis to the calculation of costs of medical care benefits prescribed in paragraphs (1) and (2), and Articles 30 and 31 shall apply mutatis mutandis to claim for and payment of such costs. |
| Article 36 (Change of Medical Care Institution) |
When a person who is receiving medical care intends to change his or her medical care institution, he or she shall submit a copy of the written decision to approve medical care related to the performance of official duties referred to in Article 28 (4) to the medical care institution to change.
| Article 37 (Termination of Medical Care) |
| (1) | Where the Minister of Personnel Management deems that a person receiving medical care or additional medical care due to an injury or illness incurred in the line of duty 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, after deliberation thereon by the Deliberative Committee. |
| (2) | Where the Minister of Personnel Management intends to terminate medical treatment under paragraph (1), he or she shall notify the relevant current or previous public official of such fact in advance. |
SECTION 3 Rehabilitation Benefits
| Article 38 (Requirements and Procedures for Payment of Rehabilitation Exercise Costs) |
| (1) | "Disability prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 26 (1) of the Act means any of the following disabilities: <Amended on Jan. 5, 2021> |
| 1. | Functional impairment of at least one joint among three joints of arms or legs; |
| 2. | Spinal deformities, dysfunction, or neurologic disorder; |
| 3. | Disorders in the muscles or nerves of the arms or legs which fall under Grade 1 through 12 of the disability ratings specified in attached Table 3 (including where any disability occurs in the arms or legs due to brain or spinal cord injury). |
| (2) | A current or previous public official who intends to receive rehabilitation exercise costs pursuant to Article 26 of the Act shall do rehabilitation exercises at a rehabilitation exercise center (limited to business entities that have filed for business registration pursuant to Article 8 of the Value-Added Tax Act in relation to sports activities) and submit a written claim for rehabilitation exercise costs to the GEPS, along with the following documents: |
| 1. | Documents substantiating that such public official has done rehabilitation exercises and paid costs for doing such exercises; |
| 2. | A doctor's written opinion that rehabilitation exercises are necessary because such public official has a disability falling under paragraph (1). |
| (3) | Upon receipt of a claim for rehabilitation exercise costs under paragraph (2), the GEPS shall pay the rehabilitation exercise costs after examining the claim: Provided, That if such rehabilitation exercises correspond to the medical cares classified in the subparagraphs of Article 22 (1) of the Act, a duplicate payment shall not be made for the costs of medical care benefits and rehabilitation exercise costs, which are in the same category of medical care. |
| (4) | The period during which rehabilitation exercise costs are payable pursuant to Article 26 of the Act shall be within three months from the date the relevant current or previous public official starts doing rehabilitation exercises: Provided, That the period during which rehabilitation exercise costs are payable shall not include a period for which such public official cannot do rehabilitation exercises due to inevitable causes, such as a natural disaster or the large-scale outbreaks of an infectious disease. <Amended on Jun. 22, 2021> |
| Article 39 (Requirements and Procedures for Payment of Psychological Counseling Costs) |
| (1) | Where a current or previous public official who is receiving medical care related to the performance of official duties undergoes psychological counseling under Article 27 of the Act shall, in advance, submit a written application for approval of psychological counseling, along with a copy of a certificate of psychological test, a copy of medical records related to medical care, etc., to the GEPS for approval. |
| (2) | Where a person who has obtained approval for receiving psychological counseling pursuant to paragraph (1) intends to receive psychological counseling costs under Article 27 of the Act, he or she shall submit a written application for psychological counseling, along with documents substantiating that psychological counseling has been provided and the relevant costs are paid, to the GEPS after receiving psychological counseling at a psychological counseling center (limited to a business entity who has filed for business registration pursuant to Article 8 of the Value-Added Tax Act in relation to psychological counseling). |
| (3) | Upon receipt of a claim for psychological counseling costs under paragraph (2), the GEPS shall pay the psychological counseling costs after examining the claim: Provided, That if such psychological counseling correspond to the medical care classified in the subparagraphs of Article 22 (1) of the Act, a duplicate payment shall not be made for the costs of medical care benefits and psychological counseling costs, which are in the same category of medical care. |
| (4) | The period for which psychological counseling costs are payable pursuant to Article 27 of the Act shall be within three months from the date the person who has obtained approval for psychological counseling pursuant to paragraph (1) starts receiving psychological counseling: Provided, That the period for which psychological counseling costs are payable shall not include a period during which such person have not received psychological counseling due to inevitable causes, such as a natural disaster or the large-scale outbreaks of an infectious disease. <Amended on Jun. 22, 2021> |
| (5) | Psychological counseling shall commence within one month from the date of receipt of notice of determination of approval under paragraph (1), and where it fails to commence within one month, the date on which one month elapses from the date of receipt of notice of determination of approval shall be deemed the date the psychological counseling commences. <Newly Inserted on Jun. 22, 2021> |
SECTION 4 Disability Benefits
| Article 40 (Determination of Disability Ratings) |
| (1) | "Rating determined according to the degree of disability prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 28 of the Act means a rating determined by the degree of disability prescribed in attached Table 3 (hereinafter referred to as "disability rating"). <Amended on Mar. 8, 2022> |
| (2) | If there is a disability not prescribed in attached Table 3, the rating of a similar disability shall be the rating of the disability. <Newly Inserted on Mar. 8, 2022> |
| (3) | Pursuant to Article 31 of the Act, where a person has at least two disabilities specified in the disability ratings, the disability rating for the most severe disability shall be determined for such person: Provided, That where a person has at least two disabilities specified in Grade 2 through Grade 13, a total disability rating shall be determined as prescribed by attached Table 4 after each rating for the disability of a part of the body is determined pursuant to attached Table 3. <Newly Inserted on Mar. 8, 2022> |
| (4) | Except as provided in paragraphs (1) through (3), detailed criteria for judgment for determination of a disability rating shall be prescribed by Ordinance of the Prime Minister. <Amended on Mar. 8, 2022> |
[This Article Wholly Amended on Mar. 8, 2022]
| Article 41 (Claim for Disability Benefits) |
| (1) | A person who intends to receive a disability pension or a lump sum payment for disability pursuant to Article 28 of the Act shall submit a written claim for disability benefits to the head of the agency dealing with pensions, along with a report of the occurrence of an accident and a medical certificate of disability for public officials' accident compensation issued by a medical care institution. <Amended on Mar. 8, 2022> |
| (2) | Upon receipt of a written claim for disability benefits and others submitted under paragraph (1), the head of the agency dealing with pensions shall investigate and confirm the details of disability without delay and send the written claim and others to the GEPS, along with a written investigation of the details of disability. |
| Article 42 (Reporting on Loss of Entitlement to Disability Pension) |
When an eligible recipient of a disability pension dies, a person responsible for filing a report of death under Article 85 of the Act on the Registration of Family Relations shall report such fact to the GEPS within 30 days from the date of death.
| Article 43 (Redetermination of Disability Rating upon Request) |
| (1) | Where the degree of disability of an eligible recipient of a disability pension has worsened or improved, he or she shall submit to the GEPS a claim for redetermination of the disability rating pursuant to Article 30 (1) of the Act, along with a medical certificate of disability for public officials' accident compensation issued by a medical care institution. |
| (2) | Upon receipt of a claim for redetermination of the disability rating submitted under paragraph (1), the GEPS shall send the results of verification and investigation of factual relations to the Minister of Personnel Management, along with the written claim under paragraph (1). |
| (3) | Upon receipt of a written claim for redetermination of the disability rating and relevant results sent under paragraph (2), the Minister of Personnel Management shall send to the claimant and the GEPS a written decision on the following matters after deliberation thereon by the Deliberative Committee: |
| 1. | Whether to redetermine the disability rating; |
| 2. | Where the disability rating is redetermined, the disability rating. |
| (4) | If deemed necessary for deciding the matters specified in the subparagraphs of paragraph (3), the Minister of Personnel Management may require an eligible recipient of a disability pension to receive diagnosis at a medical care institution designated by the Minister of Personnel Management. In such cases, the Minister of Personnel Management shall pay expenses incurred in conducting such diagnosis. <Amended on Aug. 25, 2020> |
| (5) | The rating of disability redetermined pursuant to paragraph (3) shall begin to apply from the month following the month in which the date of diagnosis under the medical certificate of disability for public officials' accident compensation under paragraph (1) falls. |
| Article 44 (Ex Officio Redetermination of Disability Rating) |
| (1) | The Minister of Personnel Management shall redetermine the disability ratings for any of the following eligible recipients of disability pensions (excluding where the disability rating resulting from the other disability is Grade 1 and the final disability rating is not changed, even if the following disability ratings of the eligible recipient of a disability pension are changed; hereinafter referred to as "person entitled to redetermination of the disability rating") within one year from the date on which two years have passed as of the date on which the decision to pay a disability pension was rendered: in such cases, the redetermination of a disability rating shall be made only once: <Amended on Mar. 8, 2022> |
| 1. | Where an eligible recipient has at least one disability specified in no. 3 of Grade 1, no. 3 of Grade 2, no. 3 of Grade 3, no. 2 of Grade 5, no. 4 of Grade 7, no. 10 of Grade 9, or no. 15 of Grade 12 of attached Table 3, which are eligible for disability pensions; |
| 2. | Where an eligible recipient has at least one disability specified in no. 5 of Grade 6, no. 14 of Grade 7, no. 2 of Grade 8, no. 17 of Grade 9, no. 14 of Grade 10, no. 12 of Grade 11, or no. 16 of Grade 12 (applicable only to where the disability rating is determined based on spinal nerve root disorder) of attached Table 3, which are eligible for disability pensions; |
| 3. | Where an eligible recipient has at least one disability specified in no. 6 or 8 of Grade 1, no. 6 of Grade 4, no. 6 or 7 of Grade 5, no. 6 of Grade 6, no. 7 or 11 of Grade 7, no. 4, 6, or 7 of Grade 8, no. 13 or 15 of Grade 9, no. 9, 12, or 13 of Grade 10, no. 9 or 10 of Grade 11, no. 9, 10, 12, or 14 of Grade 12, or no. 8 or 11 of Grade 13 (applicable only to where the disability rating is determined based on the motor functions of body joints) of attached Table 3, which are eligible for disability pensions; |
| 4. | Where an eligible recipient has a disability that is not specified in the disability ratings under attached Table 3 but is eligible for disability pensions, and has at least one of the disabilities falling under subparagraphs 1 through 3. |
| (2) | Notwithstanding paragraph (1), where a person entitled to redetermination of the disability rating receives additional medical care, such redetermination shall be made once within one year from the date on which two years have passed from the date on which he or she is cured after the additional medical care was provided (or the date on which the decision to pay a disability pension is rendered according to a change of the disability rating). <Amended on Mar. 8, 2022> |
| (3) | Where the Minister of Personnel Management intends to redetermine a disability rating pursuant to paragraph (1) or (2), the Minister shall require a person entitled to redetermination of the disability rating to receive diagnosis at a medical care institution designated by the Minister. In such cases, the Minister of Personnel Management shall pay expenses incurred in conducting diagnosis. <Amended on Aug. 25, 2020; Mar. 8, 2022> |
| (4) | Where the Minister of Personnel Management intends to require such person to receive diagnosis pursuant to the former part of paragraph (3), he or she shall notify the GEPS and the person entitled to redetermination of the disability rating of the date of the commencement of redetermination, the deadline of diagnosis, medical care institutions capable of rendering medical diagnosis, and other matters necessary for the redetermination of disability ratings. <Amended on Mar. 8, 2022> |
| (5) | A person who received diagnosis pursuant to the former part of paragraph (3) shall submit to the GEPS a medical certificate of disability for public officials' accident compensation issued by the medical care institution that has made the diagnosis, within six months from the date of the commencement of redetermination. <Amended on Aug. 25, 2020> |
| (6) | Upon receipt of a medical certificate of disability for public officials' accident compensation issued by a medical care institution under paragraph (5), the GEPS shall send the results of the verification and investigation of factual relations to the Minister of Personnel Management, along with the medical certificate of disability for public officials' accident compensation issued by the medical care institution. |
| (7) | Upon receipt of a medical certificate of disability for public officials' accident compensation issued by a medical care institution and relevant results sent under paragraph (6), the Minister of Personnel Management shall send to the person entitled to redetermination of the disability rating and the GEPS a written decision on the following matters after deliberation thereon by the Deliberative Committee: <Amended on Mar. 8, 2022> |
| 1. | Whether the disability rating is redetermined; |
| 2. | Where the disability rating is redetermined, the disability rating. |
| (8) | The disability rating redetermined pursuant to paragraph (7) shall begin to apply from the month following the month in which the date of diagnosis is made pursuant to paragraph (3) falls. |
| Article 45 (State of Disability of Eligible Recipients of Disability Pensions) |
"State of disability prescribed by Presidential Decree" in Articles 30 (2) and 32 (2) of the Act means a state of disability specified in Grades 1 through 14 of disability ratings under Article 40 and attached Tables 3 and 4, respectively. <Amended on Mar. 8, 2022>
| Article 46 (Request for Diagnosis for Ascertainment of State of Disability) |
| (1) | The Minister of Personnel Management may require an eligible recipient of a disability pension to receive diagnosis at a medical care institution designated by the Minister of Personnel Management in order to ascertain whether the degree of disability of the eligible recipient worsened or improved and which grade of disability is applicable to the degree of his or her disability under Article 30 of the Act. <Amended on Mar. 8, 2022> |
| (2) | Article 44 (3) through (8) shall apply mutatis mutandis to the procedures for diagnosis where a request for diagnosis is made to a recipient of a disability pension pursuant to paragraph (1), and the redetermination, etc. of the disability rating based on the results of such diagnosis. <Amended on Mar. 8, 2022> |
| Article 47 (Payment of Disability Benefits for Missing Persons) |
| (1) | A prospective heir or heiress (who should fall within the scope of survivors; hereafter in this paragraph the same shall apply) who intends to receive disability benefits pursuant to Article 33 (1) of the Act shall submit a written claim for disability benefits to the GEPS, along with the following documents: |
| 1. | A document proving that such person will become an heir or heiress; |
| 2. | A document proving that such person is the representative of those who will be heirs or heiresses, where such claim is filed by the representative among those who will become the heirs or heiresses in the same order of priority; |
| 3. | A document proving that the person entitled to receive disability benefits is missing for at least one year (referring to one certified by the head of the Si/Gun/Gu or the chief of the police station, and the head of the agency dealing with pensions). |
| (2) | "Interest prescribed by Presidential Decree" in the proviso of Article 33 (3) of the Act and the latter part of paragraph (4) of that Article, respectively, means the interest to which the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year is applied. |
| (3) | A person who intends to receive an amount calculated by adding interest to the difference between the amounts of benefits pursuant to the latter part of Article 33 (4) of the Act shall submit a written claim for the difference between the amounts of disability benefits to the GEPS. |
SECTION 5 Nursing Benefits
| Article 48 (Requirements and Procedures for Payment of Nursing Benefits) |
| (1) | The requirements for the payment of nursing benefits under Article 34 (2) of the Act shall be as specified in attached Table 5. |
| (2) | Nursing benefits shall be paid for days when a person satisfying the requirements for nursing benefits referred to in paragraph (1) actually received nursing care. |
| (4) | If an eligible recipient of nursing benefits receives additional medical care pursuant to Article 23 of the Act, no nursing benefits shall be paid during the period of additional medical care. |
| (5) | A person who intends to receive nursing benefits shall submit a written claim for nursing benefits to the GEPS, along with the following documents: |
| 1. | Documents proving the provision of nursing care and the expenses incurred therein; |
| 2. | A written opinion of a doctor to the effect that such person satisfies the requirements for the payment of nursing benefits referred to in paragraph (1) and needs nursing care. |
| (6) | Upon receipt of a claim for nursing benefits submitted under paragraph (5), the GEPS shall pay the nursing benefits after examining the claim. |
SECTION 6 Accident Benefits for Survivors
| Article 49 (Claim for Survivors’ Disability Pension) |
A person who intends to receive a survivors’ disability pension under subparagraph 5 (a) of Article 8 of the Act (hereinafter referred to as "survivors’ disability pension") pursuant to Article 35 of the Act shall submit to the GEPS a written claim for a survivors’ disability pension, along with the following documents: | 1. | A document proving the fact that an eligible recipient of a disability pension is deceased and the claimant is a survivor of the deceased; |
| 2. | A document proving that the claimant is the representative of the survivors under Article 18, where such claim is filed by the representative among the survivors in the same order of priority. |
| Article 50 (Claim for Survivors’ Benefits for Public Official Who Died in Line of Duty or Survivors’ Benefits for Public Official Who Died in Line of Duty While under Danger) |
| (1) | A person who intends to receive a survivors’ pension for a public official who died in the line of duty pursuant to Article 36 or survivors' compensation for a public official who died in the line of duty pursuant to Article 37 of the Act (hereinafter referred to as "survivors’ benefits for a public official who died in the line of duty") or a survivors' pension for a public official who died in the line of duty while under danger pursuant to Article 38 of the Act or a survivors' compensation for a public official who died in the line of duty while under danger pursuant to Article 39 (hereinafter referred to as "survivors’ benefits for a public official who died in the line of duty while under danger") shall submit to the head of the agency dealing with pensions a written claim for survivors' benefits for a public official who died in the line of duty or who died in the line of duty while under danger, along with the following documents; in such cases, a claim for survivors’ benefits for a public official who died in the line of duty and a claim for survivors’ benefits for a public official who died in the line of duty while under danger may be filed together: |
| 1. | A document proving that such current or previous public official is deceased and the claimant is a survivor of the deceased; |
| 2. | A document proving that the claimant is the representative of the survivors under Article 18, where such claim is filed by the representative among the survivors in the same order of priority. |
| (2) | Upon receipt of a written claim submitted under paragraph (1), the head of the agency dealing with pensions shall investigate and confirm the details of the death, and send the written claim to the GEPS, along with a written investigation of death. |
| Article 51 (Reporting on Loss of Entitlement to Receive Survivors’ Disability Pension or Other Pensions) |
Where an eligible recipient of a survivors' disability pension, survivors’ pension for a public official who died in the line of duty, or survivors’ pension for a public official who died in the line of duty while under danger loses such entitlement pursuant to Article 40 (1) of the Act, the following persons shall report such fact to the GEPS within 30 days from the date the cause of such loss has occurred: | 1. | Where an eligible recipient of a survivors’ disability pension, survivors’ pension for a public official who died in the line of duty, or survivors’ pension for a public official who died in the line of duty while under danger dies: A person responsible for filing a report of death under Article 85 of the Act on Registration of Family Relations; |
| 2. | Where such person remarries or where the kinship with the deceased who was a public official is terminated: The person himself or herself; |
| 3. | Where a child or grandchild becomes 19 years of age: The person himself or herself or a person who was his or her legal representative; |
| 4. | Where the disability of a child or grandchild who is 19 years of age or older has ceased: The person himself or herself or a person who is or was his or her legal representative. |
| Article 52 (Application for Transfer of Entitlement to Receive Survivors’ Disability Pension or Other Similar Pensions) |
Where an eligible recipient of a survivors’ disability pension, survivors’ pension for a public official who died in the line of duty, or survivors’ pension for a public official who died in the line of duty while under danger loses such entitlement or was missing for at least one year and a survivor in the same order of priority or a survivor next in order as described in Article 40 (2) or 41 of the Act intends to receive such survivors’ disability pension, survivors’ pension for a public official who died in the line of duty, or survivors’ pension for a public official who died in the line of duty while under danger, the relevant survivor shall submit an application for transfer of the entitlement to a survivors' disability pension, survivors’ pension for a public official who died in the line of duty, or survivors’ pension for a public official who died in the line of duty while under danger to the GEPS, along with the following documents: <Amended on Mar. 8, 2022> | 1. | A document proving that the claimant is a survivor of the eligible recipient of a disability pension or a document proving that the claimant is a survivor of the public official who died in the line of duty or who died in the line of duty while under danger; |
| 2. | A document proving that the claimant is the representative of the survivors under Article 18, where such claim is filed by the representative among the survivors in the same order of priority; |
| 3. | A document classified as follows: |
| (a) | A document proving the loss of the entitlement to receive the survivors' pension: A document classified as follows: |
| (i) | Where a person dies or remarries, where his or her kinship with the deceased who was a public official is terminated, or where a child or grandchild who does not have a disability becomes 19 years of age: A certificate on the recorded matters of family relations or a certified copy of resident register; |
| (ii) | Where the disability of a child or grandchild who is 19 years of age or older has ceased: A document proving the degree of disability, such as registration certificate for a person with a disability under Article 32 of the Act on Welfare of Persons with Disabilities, or a document proving that registration as a person with a disability has been revoked under Article 32-3 of that Act; |
| (b) | A document proving that a person entitled to a pension has been missing for at least one year: The document confirmed by the head of the Si/Gun/Gu or the chief of the relevant police station. |
| Article 52-2 (Ascertainment of State of Survivor's Disability) |
In order to ascertain whether a child or grandchild, who is 19 years of age or older and an eligible recipient of accident benefits for survivors, or the father of such grandchild is in the state of disability as described in Article 3 (2) 2 of the Act or the latter part, with the exception of the subparagraphs, of paragraph (2) of that Article, the Minister of Personnel Management may require such child, grandchild, or other relevant persons to submit a document proving the state of disability. [This Article Wholly Amended on Mar. 8, 2022]
SECTION 7 Relief Benefits
| Article 53 (Disaster Relief Money) |
| (1) | The scope of damage caused by a disaster as prescribed in Article 42 (2) of the Act shall be limited to damage caused to a housing unit (including a share in multi-family housing; hereinafter the same shall apply) which a public official or his or her spouse has owned, or damage to one which such public official resides at all the time and is owned by a lineal ascendant or descendant of the public official or his or her spouse, by fire, flood, heavy rain, heavy snow, storm, tsunami, or other natural or man-made disasters equivalent thereto. |
| (2) | The amount of relief money payable based on the degree of damage caused by a disaster under Article 42 (2) of the Act shall be as follows: |
| 1. | Where a housing unit has been completely burnt, carried away, or destroyed: 3.9 times the average standard monthly income of all public officials; |
| 2. | Where at least 1/2 of a housing unit has been burnt, carried away, or destroyed (excluding cases falling under subparagraph 1): 2.6 times the average standard monthly income of all public officials; |
| 3. | Where at least 1/3 of a housing unit has been burnt, carried away, or destroyed (excluding cases falling under subparagraph 1 or 2): 1.3 times the average standard monthly income of all public officials. |
| (3) | A person who intends to receive disaster relief money under Article 42 of the Act shall submit to the GEPS or the head of the relevant local government (limited to cases where disaster relief money and death condolence money is paid to a public official of the relevant local government; hereafter in this Chapter the same shall apply) a claim for disaster relief money, along with a written confirmation of damage conditions issued by the head of the Si/Gun/Gu or the chief of the relevant fire station. In such cases, the GEPS or the head of the relevant local government shall confirm the following administrative information through administrative data matching under Article 36 (1) or (2) of the Electronic Government Act, and if an applicant does not consent to the confirmation of information specified in subparagraph 1, the applicant shall be required to directly submit such document: |
| 1. | A certified copy of resident register; |
| 2. | A certified copy of the building register. |
| Article 54 (Death Condolence Money) |
| (1) | "One public official prescribed by Presidential Decree" in the latter part of Article 43 (1) of the Act means a public official with the highest priority ranking among those in the following order of priority: |
| 1. | A public official who is the spouse of the deceased; |
| 2. | A public official who is the eldest of the nearest lineal descendants of the deceased; |
| 3. | A public official who is the spouse of the eldest lineal descendant among those who are the spouses of the nearest lineal descendants of the deceased. |
| (2) | Where a deceased public official has no spouse as prescribed in under Article 43 (2) of the Act, death condolence money shall be paid to a person with the highest priority ranking among those in the following order of priority who hold the funeral ceremony and perform ancestral rites: Provided, That if a lineal descendant of the deceased public official, who holds the funeral ceremony and performs ancestral rites, is a public official, such death condolence money shall be paid to the public official who is a lineal descendant of the deceased public official, notwithstanding subparagraph 1: |
| 1. | A person who is the eldest of the nearest lineal descendants of the deceased public official; |
| 2. | A person who is the eldest of the nearest lineal ascendants of the deceased public official; |
| 3. | A person who is the eldest of the siblings of the public official. |
| (3) | A person who intends to receive death condolence money under Article 43 of the Act shall submit a written claim for death condolence money, along with the following documents, to the GEPS or the head of the relevant local government: Provided, That where such death condolence money is paid to a public official who has supported the deceased pursuant to the latter part of Article 43 (1) of the Act, the GEPS or the head of the relevant local government may confirm a certified copy of resident register of the public official through administrative data matching under Article 36 (1) or (2) of the Electronic Government Act; or may require the claimant to submit such certified copy directly if he or she does not consent to the confirmation: |
| 2. | A document proving his or her relationship with the deceased under paragraph (1). |
SECTION 8 Limitations on Benefits
| Article 55 (Reduction of Benefits due to Intention or Gross Negligence) |
Where any subparagraph of Article 44 (3) of the Act is applicable to a current or previous public official, such public official shall be paid 1/2 of the amount of disability benefits, survivors’ benefits for a public official who died in the line of duty, or survivors’ benefits for a public official who died in the line of duty while under danger, out of the benefits classified in Article 8 of the Act. In such cases, the benefits which are a pension shall be paid from the month following the month in which the date a cause for payment of the benefits has occurred falls.
| Article 55-2 (Reduction of Accident Benefits for Survivors due to Non-Fulfillment of Responsibility for Child Rearing) |
| (1) | The survivors of a current or previous public official who intend to apply for limitation of accident benefits for survivors on a person who has failed to fulfill his or her responsibility to rear such current or previous public official (hereafter in this Article referred to as "person subject to deliberation on limitation of benefits") pursuant to Article 44 (4) of the Act shall file an application for limitation of benefits with the GEPS, along with the following documents: |
| 1. | A document proving that they are survivors of the deceased who is a current or previous public official; |
| 2. | A document proving that the claimant is the representative of the survivors, where such claim is filed by the representative among the survivors in the same order of priority; |
| 3. | Documents substantiating that the person subject to deliberation on limitation of benefits has filed to fulfill the responsibility for rearing. |
| (2) | Upon receipt of an application filed under paragraph (1), the GEPS shall notify the person subject to deliberation on limitation of benefits of such fact, receive documents substantiating the fulfillment of the responsibility for rearing from the person subject to deliberation on limitation of benefits, verify and investigate factual relations, and send the results thereof to the Minister of Personnel Management, along with the application and attached documents referred to in paragraph (1). |
| (3) | Upon receipt of such application and other documents under paragraph (2), the Minister of Personnel Management shall decide whether to limit benefits and the reduction rate of benefits after deliberation thereon by the Deliberative Committee: Provided, That where a person subject to deliberation on limitation of benefits has been notified of a decision to limit retirement benefit for survivors pursuant to Article 63 (4) of the Public Officials Pension Act, the deliberation of the Deliberative Committee may be omitted. |
| (4) | Where the Minister of Personnel Management decides whether to limit benefits and the reduction rate pursuant to paragraph (3), he or she shall send a written decision to the applicant, a person subject to deliberation on limitation of benefits, and the GEPS. |
| (5) | Upon receipt of a written decision under paragraph (4), the GEPS shall calculate and pay benefits to the persons subject to deliberation on limitation of benefits, accordingly. In such cases, the amount of benefits not paid pursuant to paragraph (4) to the person subject to deliberation on restriction on benefits shall be paid according to the following classification: |
| 1. | Where there is a person in the same order of priority as the person subject to deliberation on limitation of benefits: Where there is one person in the same order of priority, the entire amount shall be paid to such person in the order of priority, and where several persons are in the order, the amount shall be divided and paid equally; |
| 2. | Where there is no person in the same order of priority as the person subject to deliberation on limitation of benefits: |
| (a) | Where all the benefits are not paid: Where the person in the next order of priority is one person, the entire amount shall be paid to the person in the order of priority, and where several persons are in the order, the amount shall be divided and paid equally; |
| (b) | Where some of the benefits are not paid: Unpaid. |
| (6) | When determining the non-fulfillment of the responsibility to rear a current or previous public official, matters prescribed in attached Table 5-2 shall be taken into consideration. |
[This Article Newly Inserted on Jun. 22, 2021]
| Article 56 (Reduction of Benefits in Cases of Refusing Diagnosis) |
Where a current or previous public official fails to receive diagnosis required by the Minister of Personnel Management, the GEPS, or the head of the agency dealing with pensions in connection with the payment of benefits, without good cause, within the period of diagnosis, the public official shall, pursuant to Article 45 of the Act, be paid 1/2 of the medical care benefits, disability benefits, or survivors' benefits for a public official who died in the line of duty, out of the benefits classified in Article 8 of the Act. In such cases, benefits which are a pension shall begin to apply from the month following the month in which the period for diagnosis falls.
CHAPTER III PREVENTION OF ACCIDENTS AND SUPPORT FOR REHABILITATION AND RETURN TO DUTIES
| Article 57 (Accident Prevention Support Projects) |
| 1. | Preparation of comprehensive disaster prevention plans, such as the improvement of systems for the prevention of accidents; |
| 2. | Establishment and operation of facilities for maintaining and promoting the health of public officials; |
| 3. | Training of specialized human resources for education, survey, research, etc. for the prevention of accidents; |
| 4. | Other projects for the prevention of accidents determined by the Minister of Personnel Management after deliberation of the Deliberative Committee. |
| Article 58 (Support for Rehabilitation and Return to Duties) |
| (1) | The appointing authority shall endeavor to assign a public official under his or her jurisdiction who suffers an accident in the line of duty by reflecting his or her opinion to return to his or her duties and shall not treat him or her unfavorably on account of health conditions caused by the accident in the line of duty. <Newly Inserted on Aug. 25, 2020> |
| (2) | Notwithstanding the compulsory period of service under statutes or regulations related to the personnel management of public officials, if any of the following persons is deemed unable to work in his or her current position due to an accident in the line of duty, the appointing authority may transfer him or her to another position: <Newly Inserted on Aug. 25, 2020> |
| 1. | A public official who is receiving medical care related to the performance of official duties; |
| 2. | A public official who completed medical care related to the performance of official duties, for whom one year has not passed since the completion of such medical care. |
| (3) | Where a vacancy created by line of duty sick leave under statutes or regulations related to the personnel management of public officials is not filled, the appointing authority may designate a public official who performs duties on behalf of the relevant public official on sick leave. In such cases, allowances may be paid to the public official who performs duties on behalf of a public official on sick leave, within the budget, as prescribed by statutes or regulations related to allowances. <Newly Inserted on Aug. 25, 2020> |
| 1. | Preparation of a comprehensive plan to support rehabilitation and return to duties, such as medical service, duties, and psychosocial rehabilitation; |
| 2. | Training of specialized human resources for surveys, research, etc. related to rehabilitation and return to duties; |
| 3. | Support for education, such as on-the-job training and re-training for early adaptation to duties; |
| 4. | Subsidization of assistive devices to supplement physical functions lost due to an accident in the line of duty (excluding medical care referred to in each subparagraph of Article 22 (1) of the Act); |
| 5. | Other matters determined by the Minister of Personnel Management after deliberation of the Deliberative Committee in order to support rehabilitation and return to duties. |
[Title Amended on Aug. 25, 2020]
CHAPTER IV BEARING EXPENSES
| Article 59 (Calculation Basis for Expenses Incurred in Payment of Benefits) |
Expenses incurred in paying benefits to be borne by the State and local governments pursuant to Article 48 (1) of the Act shall be calculated in consideration of the retirement rate, increase rate of remuneration, increase rate of fixed number of personnel, increase rate of charges for medical treatment, and other factors affecting the calculation of such expenses.
| Article 60 (Accident Compensation Contributions) |
| (1) | The accident compensation contributions referred to in Article 49 (1) of the Act (hereinafter referred to as "accident compensation contributions") shall be borne by the account according to the following classification: <Amended on Aug. 25, 2020> |
| 1. | Public officials of the Korea Post of the Ministry of Science and ICT: The special account held in the Korea Post of the Ministry of Science and ICT; |
| 2. | Other State public officials: The general account held in the Ministry of Personnel Management; |
| 3. | Local public officials and fire officers of every local government: The account held in the relevant local government; |
| 4. | Local public officials or public educational officials of every local educational administrative agency: The account held in the relevant local educational administrative agency. |
| (2) | The amount of accident compensation contributions shall be calculated taking account of the factors specified in Article 59, and shall be an amount calculated by multiplying the budget for benefits for the respective account classified in each subparagraph of paragraph (1), by the ratio (which shall be calculated up to the third digit after the decimal point) obtained by dividing the estimated total benefits (excluding relief benefits payable to public officials of local governments; hereafter in this Article the same shall apply) required for the pertinent year in that respective subparagraph by the total remuneration budget for each account in that subparagraph. |
| (3) | When calculating the amount of accident compensation contributions pursuant to paragraph (2), it shall include the following amounts: |
| 1. | The amount remaining or insufficient after covering the expenditures incurred in paying benefits for the year immediately before the preceding year as accident compensation expenses for the year immediately before the preceding year; |
| 2. | Expenses incurred in re-entrusting the affairs of paying the costs of medical care benefits and other affairs referred to in Article 85 (2); |
| 3. | Interest accrued on temporary borrowings made from the Public Officials Pension Fund established under the Public Officials Pension Act (hereinafter referred to as the "Public Officials Pension Fund") in the year immediately before the preceding year; |
| 4. | All other expenses incurred in handling benefits for the relevant year. |
| (4) | Where the GEPS makes a temporary borrowing from the Public Official Pension Fund pursuant to Article 49 (3) of the Act, the interest accrued on temporary borrowing shall be returned by the end of the fiscal year following the fiscal year by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year during the borrowing period. |
| Article 61 (Payment of Accident Compensation Contributions) |
Where the State or a local government pays accident compensation contributions to the GEPS and if the GEPS has re-entrusted the affairs of receiving accident compensation contributions pursuant to Article 85 (1), the State or the local government shall pay the accident compensation contribution to the post office or financial company re-entrusted with the affairs.
CHAPTER V REQUEST FOR EXAMINATION
| Article 62 (Procedures for Requesting Examination) |
| (1) | Where a person who has an objection to a decision on benefits, or other benefits, etc. under the Act intends to request an examination to the Public Officials’ Accident Compensation Pension Committee established under Article 52 of the Act (hereinafter referred to as the "Committee") in accordance with Article 51 of the Act, he or she shall submit a written request for examination to the GEPS within the period specified in Article 51 (2) of the Act, along with a written statement of the reason therefor: Provided, That a person who has an objection to a decision on disaster relief money or death condolence money of a public official of a local government under Article 9 (4) of the Act shall submit such documents to the head of the relevant local government. |
| (2) | Where a request for examination submitted under the main clause of paragraph (1) concerns a decision, etc. made by the Minister of Personnel Management with regard to benefits, the GEPS shall send the written request to the Committee without delay, and the Committee shall require the Minister of Personnel Management to submit the relevant written reply and other necessary materials to the Committee within 10 days. |
| (3) | The GEPS upon receipt of a written request under the main clause of paragraph (1) (limited to cases where such request for examination is related to a decision, etc. made by the GEPS with regard to benefits) or the head of the local government upon receipt of a written request under the proviso of paragraph (1) shall send the written request to the Committee, along with the relevant written reply and other necessary materials, within 10 days. |
| Article 63 (Request Made by Committee for Supplementation) |
| (1) | If the Committee finds any defect in a written request for examination submitted under Article 62 (1) or in a written answer submitted under paragraphs (2) and (3) of that Article, it shall request the requester, the Minister of Personnel Management, the GEPS, or the head of the relevant local government to supplement the deficiency specifying a supplementation period. |
| (2) | If the requester fails to supplement such deficiency within the period of supplementation specified under paragraph (1) and if it is not impractical for the Committee to conduct an examination based solely on the facts stated in the written request, the Committee may dismiss the request. |
| (3) | The Committee may render advice to experts in related academic fields, private organizations, or other relevant area, if it is necessary for examination. |
| Article 64 (Notice to Relevant Persons) |
| (1) | Upon receipt of a request for examination under Article 62, the Committee shall notify the public official related to the request for examination, the head of the agency dealing with pensions, and other relevant persons thereof. |
| (2) | Upon receipt of notice under paragraph (1), the person may state his or her opinion on the relevant request for examination to the Committee in accordance with Article 53 (6) of the Act. |
| Article 65 (Decision on Examination) |
| (1) | A decision on an examination shall be made in writing. |
| (2) | A certified copy of a written decision made under paragraph (1) in which a formal decision and grounds therefor are written shall be delivered to the requester, the head of the agency dealing with pensions, and other relevant persons. |
| Article 66 (Effect of Decision) |
Matters determined by the Committee shall take effect from the time a certified copy of a written decision is delivered to the requester.
| Article 67 (Secretariat of Committee) |
| (1) | A secretariat shall be established under the Committee pursuant to Article 52 (4) of the Act to perform the following duties: |
| 1. | Support for examination and operation by the Committee; |
| 2. | Discovery of matters to improve statutes and regulations related to examination and other relevant systems; |
| 3. | Other duties determined by the chairperson of the Committee, which are necessary to support the duties of the Committee. |
| (2) | The head of the secretariat shall exercise general supervision over the affairs of the secretariat and direct and supervise staff under his or her jurisdiction. |
| (3) | The staff of the secretariat shall be appointed by the Minister of Personnel Management from among public officials of the Ministry of Personnel Management. |
| Article 68 (Specialized Human Resources of Committee) |
| (1) | The Committee may have specialized human resources who conduct the following duties pursuant to Article 52 (5) of the Act: |
| 1. | Provision of advice and suggestions for legal and medical judgment, etc. relating to examinations; |
| 2. | On-site investigation for determining whether to be an accident in the line of duty related to examination; |
| 3. | Research on statutes and regulations related to examinations and other relevant systems. |
| (2) | The chairperson of the Committee shall appoint or commission specialized human resources from among the following persons: Provided, That the same shall not apply to persons who are members of the Deliberative Committee or the Committee: |
| 3. | Other persons who have extensive knowledge of and experience in the fields of personnel administration or social security, such as accident compensation, pension, welfare, and service. |
| Article 69 (Consecutive Appointment of Members of Committee) |
The chairperson and members of the Committee may be appointed consecutively for only two times pursuant to the main clause of Article 53 (4) of the Act.
| Article 70 (Grounds for Disqualification of Members of Committee) |
| (2) | The President may dismiss or decommission a member of the Committee if such member falls under any of any of the following cases: |
| 1. | Where a member becomes unable to perform his or her duties due to mental or physical disability; |
| 2. | Where a member commits misconduct in connection with his or her duties; |
| 3. | Where a member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or any other ground; |
| 4. | Where a member voluntarily admits that it is difficult for him or her to perform the duties. |
| Article 71 (Exclusion of, Challenge to, or Recusal of Member of Committee) |
| (1) | If a member of the Committee falls under any of the following subparagraphs, the member shall be excluded from deliberation and resolution on the agenda item: |
| 1. | If a member of the Committee or a person who is or was his or her spouse becomes the requester of the relevant agenda item or has a stake in such agenda item; |
| 3. | If a member of the Committee has testified as a witness or an expert witness on the agenda item; |
| 4. | If a member of the Committee is or was involved in the agenda item as an agent of the requester of the agenda item; |
| 5. | If a member of the Committee is involved in making a decision, etc. on benefits which is the subject matter of the agenda item. |
| (2) | Where the requester of the agenda item finds it difficult to expect a fair deliberation or resolution from a member of the Committee, he or she may file an application for challenge. |
| (3) | Where a ground specified in paragraph (1) or (2) applies to a member of the Committee, the member may recuse himself or herself from deliberation and resolution on such agenda item. |
| Article 72 (Duties of Chairperson of Committee) |
| (1) | The chairperson of the Committee shall represent the Committee and exercise general supervision over its affairs. |
| (2) | Where the chairperson of the Committee fails to perform his or her duties due to any unavoidable cause, the member designated by the chairperson of the Committee shall act on his or her behalf. |
| Article 73 (Meetings of Committee) |
| (1) | The chairperson shall convene and preside over meetings of the Committee. |
| (2) | A quorum for meetings of the Committee shall be a majority of the members of the Committee under Article 53 (5) of the Act, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (3) | Meetings of the Committee may be held in the form of a teleconference where participants, such as its members, the requester of examination, relevant public officials, and other interested parties (hereafter in this paragraph referred to as "attendees"), are present at different locations equipped with video and audio devices enabling simultaneous communication. In such cases, the members shall be deemed present in the same conference room. <Newly Inserted on Jun. 22, 2021> |
| Article 74 (Executive Secretary and Clerks of Committee) |
| (1) | The Committee shall have one executive secretary and several clerks in order to perform its affairs. |
| (2) | The Minister of Personnel Management shall appoint an executive secretary and clerks from among the staff of the secretariat of the Committee under Article 67. |
| Article 75 (Allowances for Members of Committee) |
Allowances may be paid and travel expenses may be reimbursed to members who attend meetings of the Committee and interested parties or other persons who attend under Article 53 (6) of the Act, within the budget: Provided, That the same shall not apply where a public official attends its meetings in direct connection with his or her duties..
| Article 76 (Detailed Guidelines for Operation of Committee) |
Except as provided in this Decree, matters necessary for the operation of the Committee shall be determined by the chairperson of the Committee after resolution by the Committee.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 77 (Starting Date of Counting Period of Prescription) |
Where a person who has requested the Committee to conduct an examination pursuant to Article 51 (1) of the Act is notified of a decision to uphold the request, the period of prescription for the entitlement to receive benefits under Article 54 of the Act shall be counted from the date the decision to uphold the request becomes final and conclusive.
| Article 78 (Fact-Finding Survey, including Collection of Materials) |
The Minister of Personnel Management and the GEPS may request the heads of agencies dealing with pensions to conduct fact-finding surveys, including collection of materials for the improvement of the public officials’ accident compensation system.
| Article 79 (Requests for Provision of Materials and Methods thereof) |
| (1) | "Institutions, corporations, and organizations prescribed by Presidential Decree" in the former part of Article 58 (1) of the Act means the institutions, corporations, and organizations specified in attached Table 6. |
| (2) | "Materials prescribed by Presidential Decree" in the former part of Article 58 (1) of the Act means the materials specified in attached Table 7. |
| (3) | Where materials referred to in paragraph (2) is stored by means of computerized recording devices, such as diskettes, magnetic tapes, microfilms, and optical discs, or of computer programs, the head of an institution, corporation, or organization upon receipt of a request to provide materials under Article 58 (1) of the Act may provide the materials in such form of storage. |
| Article 80 (Notification of Verification of Facts) |
| Article 81 (Honorable Treatment of and Support for Public Officials Who Died in Line of Duty) |
The State or a local government may provide public officials who died in the line of duty, or those who died in the line of duty while under danger, and their survivors pursuant to Article 59 (5) of the Act with the following honorable treatment and support: <Amended on Jan. 5, 2021> | 1. | Provision of employment information to such survivors; |
| 2. | Provision of Taegeukgis for draping the coffins of the deceased public officials; |
| 3. | Provision of funeral expenses or supplies; |
| 4. | Other matters that the Minister of Personnel Management deems necessary for providing honorable treatment and support to public officials who died in the line of duty, or those who died in the line of duty while under danger, and their survivors. |
| Article 82 (Request for Recognition of Persons Who Died in Course of Performing Official Duties) |
| (1) | Pursuant to Article 60 (3) of the Act, a request for recognition of a person who died in the course of performing official duties and a request for recognition of such person as a public official who died in the line of duty or who died in the line of duty while under danger (hereinafter referred to as "recognition of a person who died in the course of performing official duties as a public official") shall be filed together. In this regard, a request for recognition of a public official who died in the line of duty may be filed together with a request for recognition of such person as a public official who died in the line of duty while under danger. |
| (2) | A person who intends to file a request for the recognition of a person who died in the course of performing official duties as a public official as referred to in paragraph (1) shall submit a written claim for survivors' benefits for a public official who died in the line of duty or who died in the line of duty while under danger in the form specified in Article 50 (1), along with the following documents, to the head of the agency dealing with pensions to which the deceased belonged (where the head of such agency does not exist, referring to the head of the agency dealing with pensions having jurisdiction over the agency in which the deceased person was performing official duties at the time of his or her death; hereafter in this Article the same shall apply) at the time of death of the deceased (referring the time of the occurrence of an injury or disease if he or she died of the injury or disease; hereafter in this paragraph the same shall apply): |
| 2. | A document proving the death of the deceased and the fact that the claimant is a survivor of the deceased; |
| 3. | A document proving that the claimant is the representative of the survivors under Article 18, where the request is filed by the representative among the survivors in the same order of priority. |
| (3) | Upon receipt of a written request, etc. filed under paragraph (2), the head of the agency dealing with pensions shall, without delay, investigate and confirm the details of the death and send such written request, etc. to the GEPS, along with the following documents: |
| 1. | Materials substantiating the employment relationship with the deceased and the duties of the deceased; |
| 2. | Materials for grounds for the payment of remuneration, etc. to the deceased; |
| 3. | A written investigation of death. |
| (4) | Upon receipt of a request for recognition of a person who died in the course of performing official duties as a public official filed under paragraph (3), the GEPS shall send the results of verification and investigation of factual relations to the Minister of Personnel Management, together with the documents for claiming for survivors’ benefits for a public official who died in the line of duty or who died in the line of duty while under danger. |
| (5) | Upon receipt of the documents for claiming for survivors’ benefits for a public official who died in the line of duty or who died in the line of duty while under danger and other results under paragraph (4), the Minister of Personnel Management shall determine whether the person who died in the course of performing official duties is qualified as a public official who died in the line of duty or who died in the line of duty while under danger after deliberation of the Deliberative Committee and shall send its written decision to the claimant, the head of the agency dealing with pensions, and the GEPS. |
| (6) | In applying Article 54 of the Act to a person who died in the line of duty, "the entitlement to receive benefits" and "date of the occurrence of a cause for payment of such benefits" in Article 54 of the Act shall respectively be construed as "recognition as a person who died in the course of performing official duties, recognition of a person who died in the course of performing official duties as a public official who died in the line of duty or a public official who died in the line of duty while under danger, and entitlement to receive the compensation for the survivors of a public official who died in the line of duty while under danger" and "date of death". |
| Article 83 (Operation of Public Officials’ Accident Compensation System) |
The Minister of Personnel Management may operate a public officials’ accident compensation system for claims, determination, payment, and other administration of benefits relating to accident compensation for public officials, in order to improve the transparency and efficiency of accident compensation for public officials.
| Article 84 (Entrustment of Affairs of the Minister of Personnel Management) |
“Matters prescribed by Presidential Decree” in Article 61 (1) 10 of the Act means the following matters: <Amended on Aug. 8, 2020; Jun. 22, 2021> | 1. | Obtaining confirmation from the heads of relevant agencies on benefits referred to in the proviso, with the exception of the subparagraphs, of Article 9 (2) of the Act; |
| 2. | Receiving the difference between a pension and relevant benefits, and other amount, under the proviso of Article 33 (3) of the Act; |
| 3. | Paying survivors’ disability pensions, etc. for which a missing person was eligible as described in Article 41 of the Act; |
| 5. | Change of the types of benefits under Article 16; |
| 6. | Paying expenses incurred in conducting medical examinations under the latter part of Article 32 (5), the latter part of Article 43 (4), and the latter part of Article 44 (3) (including cases applied mutatis mutandis in Article 46 (2); |
| 7. | Notification of confirmation of facts under Article 80; |
| 8. | Operation of the public officials’ accident compensation system under Article 83. |
| Article 85 (Re-Entrustment of Affairs of the GEPS) |
| (1) | The GEPS may re-entrust post offices or financial companies with the following affairs after obtaining approval therefor from the Minister of Personnel Management pursuant to Article 61 (6) of the Act: |
| 1. | Paying benefits under Article 61 (1) 3 of the Act (excluding payment of costs of medical care benefits re-entrusted pursuant to paragraph (2) 2); |
| 2. | Receiving the amount, etc. of recovered benefits under Article 61 (1) 4 of the Act; the amount received by exercising a right to claim damages under Article 61 (1) 5 of the Act; the difference between a pension and relevant benefits, and other amount, under subparagraph 2 of Article 84; and the amount, etc. returned due to a change of the types of benefits under subparagraph 5 of Article 84; |
| 1. | Examination of the costs of medical care benefits under Article 30 (1); |
| 2. | Payment of costs of medical care benefits under Article 30 (1) (limited to the payment of costs of medical care benefits calculated in accordance with subparagraph 1 of Article 25 of the Act); |
| 3. | Other affairs related to those specified in subparagraphs 1 and 2. |
| (3) | Where the GEPS re-entrusts the affairs referred to in paragraphs (1) and (2), it may pay fees for re-entrustment to the relevant legal entities. |
| Article 86 (Processing of Sensitive Information and Personally Identifiable Information) |
| (1) | The State, local governments, the Minister of Personnel Management, the heads of agencies dealing with pensions, the GEPS (including legal entities re-entrusted with the affairs of the GEPS referred to in Article 61 (6) of the Act or Article 85 of this Decree), the Deliberative Committee, or the Committee may process data which contain information on health under Article 23 of the Personal Information Protection Act, data constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing resident registration numbers, passport numbers, or alien registration numbers under Article 19 of that Decree, which are contained in the documents and materials received under the Act or this Decree, if it is unavoidable to conduct the following affairs: |
| 1. | Receipt of, deliberation on, and determination and payment of claims for benefits under Article 9 of the Act; |
| 2. | Payment of benefits where no survivor to receive benefits exists under Article 12 of the Act; |
| 3. | Payment of a pension, etc. at the time of emigration or loss of nationality under Article 15 of the Act; |
| 4. | Recovery of benefits under Article 16 of the Act; |
| 5. | Payment after deducting unpaid amounts under Article 17 of the Act; |
| 6. | Adjustment among benefits under Articles 19 and 20 of the Act; |
| 7. | Exercise of the right to claim damages against a third party under Article 21 of the Act; |
| 8. | Medical care benefits and additional medical care benefits in the line of duty under Articles 22 and 23 of the Act; |
| 9. | Amendments to disability ratings and concurrent handing of cases of two or more disabilities under Articles 30 and 31 of the Act; |
| 10. | Suspension of payment of disability pension under Article 32 of the Act; |
| 11. | Payment of benefits for which missing persons were eligible under Articles 33 and 41 of the Act; |
| 12. | Loss and transfer of entitlement to receive survivors’ disability pensions under Article 32 of the Act; |
| 13. | Limitations on benefits under Articles 44 and 45 of the Act; |
| 14. | Support for rehabilitation and return to duties under Article 47 of the Act; |
| 15. | Request for examination under Article 51 of the Act; |
| 16. | Confirmation, inspection, questions, requests for materials, and the like under Articles 56 through 58 of the Act; |
| 17. | Honorable treatment including merit reward under Article 59 of the Act and Article 81 of this Decree; |
| 18. | Special cases concerning persons who died in the course of performing official duties under Article 60 of the Act; |
| 19. | Application of penalty provisions and imposition of administrative fines under Articles 62 and 63 of the Act. |
| (2) | Where a person, institution, etc. requested to submit materials by the Deliberative Committee or the Committee under Articles 7 (6) of the Act and 53 (6) of the Act or the head of a State agency, local government, medical care institution, or any other institution, corporation, or organization requested to provide materials by the Minister of Personnel Management or the GEPS pursuant to Article 57 (1) of the Act and 58 (1) of the Act may manage materials containing personal information under the provisions, with the exception of the subparagraphs, of paragraph (1), if it is unavoidable for the provision, etc. of such materials. |
Forms necessary for the enforcement of the Act and this Decree shall be determined by the GEPS after prior consultation with the Minister of Personnel Management.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Article 2 (Applicability to Deliberation on Benefits)
Notwithstanding Article 11 of the Addenda, subparagraph 1 of Article 6 shall also apply where an application for approval of medical care related to the performance of official duties for an additional injury, disease, or complication has been filed and the procedure therefor is under way as at the time this Decree enters into force. Article 3 (Applicability to Procedures for Claiming Benefits and Determining and Paying Benefits)
Notwithstanding Article 11 of the Addenda, Articles 14, 22, 28 through 32, 35, 41, 43, 49, and 50 shall also apply where a claim for benefits, etc. is filed and deliberation or examination to determine benefits is underway as at the time this Decree enters into force. Article 4 (Applicability to Determination of Total Disability Ratings)
Notwithstanding Article 11 of the Addenda, the proviso of the remarks in attached Table 4 shall also apply to persons in whose case a cause for payment of disability benefits has occurred before this Decree enters into force. Article 5 (Applicability to Ex Officio Redetermination of Disability Ratings)
Notwithstanding Article 11 of the Addenda, Article 44 shall begin to apply where a person becomes an eligible recipient of a disability pension after this Decree enters into force. Article 6 (Applicability to Requests for Diagnosis for Ascertainment of State of Disability)
Notwithstanding Article 11 of the Addenda, Article 46 shall also apply to a child or grandchild of 19 years of age or older (including the father of such grandchild) who is a survivor and an eligible recipient of a disability pension as at the time this Decree enters into force. Article 6 (Applicability to Procedures for Requesting Examination)
Notwithstanding Article 11 of the Addenda, the amended provisions of Article 62 through 66 shall also apply where a request for examination is filed and procedures therefor are under way as at the time this Decree enters into force. Article 8 (Transitional Measures concerning Criteria for Recognizing Whether Support Has Been Provided)
| (2) | Notwithstanding the former part of paragraph (1), persons in whose case a cause for payment of benefits has occurred before January 20, 2003 on which the amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17891) enters into force shall be governed by the provisions as in force before being amended by that Decree notwithstanding the amended provisions of Article 3 (1) and attached Table 1 of that Decree. |
Article 9 (Transitional Measures concerning Criteria for Recognition of Injuries or Diseases in Line of Duty)
Article 10 (Transitional Measures concerning Members of Deliberative Committee and Members of Committee)
| (1) | A member of the Public Officials’ Pension Benefits Deliberative Committee under Article 20 of the previous Enforcement Decree of the Public Officials Pension Act or a member of the Compensation Examination Committee for Public Officials Who Died in the line of duty while under danger under Article 83-3 of that Decree as at the time this Decree enters into force shall be deemed a member of the Deliberative committee until other members of the Deliberative Committee are comprised within three months after the date this Decree enters into force. In such cases, the term of office of such member shall be limited to the remaining term of office. |
| (2) | A member of the Public Officials’ Pension Benefits Re-Deliberation Committee under Article 84 of the previous Enforcement Decree of the Public Officials Pension Act as at the time this Decree enters into force shall be deemed a member of the Committee until members of the Committee are comprised within three months after this Decree enters into force. In such cases, the term of office of such member shall be limited to the remaining term of office. |
Article 11 (General Transitional Measures concerning Occurrence of Causes for Paying Benefits)
| (2) | Notwithstanding paragraph (1), benefits for a person in whose case a cause for payment of the benefits has occurred before January 23, 1988 on which the amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12380) enters into force shall be governed by the relevant provisions as in force before they were amended by that Decree. |
| (3) | Notwithstanding paragraph (1), benefits the causes for payment of which have occurred on or before September 30, 1989 shall be governed by the relevant provisions as in force before they were amended by the amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12822). |
| (4) | Notwithstanding paragraph (1), benefits for persons in whose case a cause for payment of benefits has occurred before January 1, 2001 on which the amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) enters into force shall be governed by the relevant provisions as in force before they were amended by that Decree. |
Article 12 (Transitional Measures concerning Recovery of Benefits)
| (3) | Notwithstanding the former part of paragraph (1), the interest rate under Article 26 (1) of the amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12653) shall, notwithstanding the amended provisions of Article 26 (1) of that Decree, be governed by the provisions as in force before they were amended by that Decree if the calculation period of such interest rate falls before December 4, 1988. |
| (3) | Notwithstanding the former part of paragraph (1), the interest to be added on the benefits on which a disposition to recover was imposed pursuant to Article 31 (1) of the previous Public Officials Pension Act (referring to the Act before it was partially amended by Act No. 6328; hereafter in paragraph (4) the same shall apply) before January 1, 2001 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) enters into force and overdue interest to be added to the amount to be recovered shall, notwithstanding the amended provisions of Article 26 (1) of that Decree, be governed by the provisions as in force before they were amended by that Decree. |
| (4) | Notwithstanding the former part of paragraph (1), where a disposition to recover benefits was made in accordance with Article 31 (1) 2 and 3 of the previous Public Officials Pension Act before January 1, 2001 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) enters into force, the recovery of such benefits shall, notwithstanding the amended provisions of Article 26 (4) of that Decree, be governed by the provisions as in force before they were amended by that Decree. |
Article 13 (Transitional Measures concerning Requirements for Additional Medical Care)
Notwithstanding Article 32, Article 33 of the previous Enforcement Decree of the Public Officials Pension Act shall apply to the requirements for additional medical care before this Decree enters into force. In such cases, a person who was received a lump-sum payment for medical care related to performance of official duties pursuant to Article 36 of the previous Public Officials Pension Act (referring to the Act before it was amended by Act No. 10984; hereafter in this Article the same shall apply) before November 5, 2011 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 23276) enters into force, in whose case the period corresponding to the lump-sum payment for medical care related to performance of official duties expires, may apply for additional medical care under Article 36 of the Public Officials Pension Act (Act No. 10984) and Article 33 of that Decree; and a person who received disability compensation pursuant to Article 51 before November 5, 2011 on which that Decree enters into force may apply for additional medical care pursuant to the amended provisions of Article 33 of that Decree after the lapse of five years from the date of payment of the disability compensation. Article 14 (Transitional Measures concerning Reduction of Benefits)
Article 15 (Transitional Measures concerning Starting Date of Counting Period of Prescription)
Article 16 (Transitional Measures concerning Forms)
Article 17 (Transitional Measures concerning Scope of Application of Previous Addenda)
The previous Addenda provided pursuant to the amendment of the previous Enforcement Decree of the Public Officials Pension Act shall continue to apply even after this Decree enters into force, to the extent not contradicting to this Decree, except for cases where the validity has already been extinguished. Article 18 Omitted.
Article 19 (Relationship to Other Statutes or Regulations)
Where the previous Enforcement Decree of the Public Officials Pension Act or the provisions thereof are cited by any other statute or regulation as at the time this Decree enters into force, and if this Decree includes any of the provisions corresponding thereto, this Decree or the corresponding provisions thereof shall be deemed cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
Articles 2 through 33 Omitted.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30970, Aug. 25, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Accounting of Accident Compensation Contributions)
The amended provisions of Article 60 (1) 3 shall begin to apply to accident compensation contributions to be paid after April 1, 2020. Article 3 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31820, Jun. 22, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2021.
Article 2 (Applicability to Change in Criteria for Recognition of Accidents in Line of Duty)
The amended provisions of Article 5 shall also apply where claims for benefits classified in Article 8 of the Act are filed and procedures therefor are underway as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Criteria for Recognition of Survivors)
Notwithstanding the amended provisions of Article 4, the previous provisions shall apply to the criteria for recognition of survivors regarding persons in whose case a cause for payment of accident benefits for survivors has occurred before this Decree enters into force. Article 4 (Transitional Measures concerning Criteria for Recognizing Whether Support Has Been Provided)
Notwithstanding the amended provisions of attached Table 1, the previous provisions shall apply to the criteria for recognizing whether support has been provided regarding persons in whose case causes for payment of accident benefits for survivors have occurred before this Decree enters into force.
ADDENDA <Presidential Decree No. 32529, Mar. 8, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 46, 52, and 52-2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Submission of Report of Occurrence of Accident)
The amended provisions of Articles 28 (1) and 41 (1) shall begin to apply where an application for approval of medical care related to the performance of official duties or a claim for disability benefits is filed after this Decree enters into force. Article 3 (Applicability to Determination of Disability Ratings)
The amended provisions of Article 40 and attached Tables 3 and 4 shall begin to apply to persons in whose cases a cause for payment of disability benefits occurs after this Decree enters into force. Article 4 (Transitional Measures concerning Disability Eligible for Ex Officio Redetermination of Disability Rating)
Notwithstanding the amended provisions of Article 44 (1) 1 through 3, the previous provisions shall apply to whether an eligible recipient of a disability pension as at the time this Decree enters into force (including a person who becomes an eligible recipient of a disability pension after this Decree enters into force because a cause for payment of disability benefits has occurred before this Decree enters into force) is entitled to ex officio redetermination of the disability rating. Article 5 Omitted.