NATIONAL PENSION ACT
Wholly Amended by Act No. 3902, Dec. 31, 1986
Amended by Act No. 4110, Mar. 31, 1989
Act No. 4541, Mar. 6, 1993
Act No. 4909, Jan. 5, 1995
Act No. 4971, Aug. 4, 1995
Act No. 5454, Dec. 13, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5623, Dec. 31, 1998
Act No. 5982, May 24, 1999
Act No. 6027, Sep. 7, 1999
Act No. 6164, Jan. 12, 2000
Act No. 6124, Jan. 12, 2000
Act No. 6286, Dec. 23, 2000
Act No. 7347, Jan. 27, 2005
Act No. 7655, Aug. 4, 2005
Act No. 8635, Aug. 3, 2007
Act No. 8728, Dec. 21, 2007
Act No. 9385, Jan. 30, 2009
Act No. 9431, Feb. 6, 2009
Act No. 9691, May 21, 2009
Act No. 9754, Jun. 9, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10012, Feb. 4, 2010
Act No. 10305, May 20, 2010
Act No. 10339, Jun. 4, 2010
Act No. 10682, May 19, 2011
Act No. 10783, Jun. 7, 2011
Act No. 10866, Jul. 21, 2011
Act No. 11024, Aug. 4, 2011
Act No. 11143, Dec. 31, 2011
Act No. 11141, Dec. 31, 2011
Act No. 11511, Oct. 22, 2012
Act No. 11599, Dec. 18, 2012
Act No. 11644, Mar. 22, 2013
Act No. 11690, Mar. 23, 2013
Act No. 11849, Jun. 4, 2013
Act No. 11974, Jul. 30, 2013
Act No. 12242, Jan. 14, 2014
Act No. 13100, Jan. 28, 2015
Act No. 13364, Jun. 22, 2015
Act No. 13642, Dec. 29, 2015
Act No. 14214, May 29, 2016
Act No. 14438, Dec. 20, 2016
Act No. 14693, Mar. 21, 2017
Act No. 14921, Oct. 24, 2017
Act No. 15267, Dec. 19, 2017
Act No. 15522, Mar. 20, 2018
Act No. 15876, Dec. 11, 2018
Act No. 16240, Jan. 15, 2019
Act No. 16652, Nov. 26, 2019
Act No. 16761, Dec. 10, 2019
Act No. 16867, Jan. 21, 2020
Act No. 17758, Dec. 29, 2020
Act No. 17774, Dec. 29, 2020
Act No. 18212, Jun. 8, 2021
Act No. 18326, Jul. 27, 2021
Act No. 18608, Dec. 21, 2021
Act No. 19294, Mar. 28, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the promotion of the stable livelihood and welfare of the public by providing pension benefits for the old-age, disability, or death.
Article 2 (Administration) |
The Minister of Health and Welfare shall be in charge of the national pension services provided under this Act. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(1) | The terms used in this Act are defined as follows: <Amended on Jun. 7, 2011; Jan. 28, 2015; May 29, 2016; Mar. 28, 2023> |
1. | The term "employee" means a person (including directors or other executive officers of corporations) who offers his or her labor and services in a workplace, irrespective of the type of occupation, and receives wages in return for his or her labor and services to maintain his or her livelihood: Provided, That persons prescribed by Presidential Decree shall be excluded herefrom; |
2. | The term "employer" means the business owner of a workplace to which a relevant employee belongs; |
3. | The term "income" means an amount obtained by deducting non-taxable income prescribed by Presidential Decree from the money earned from offering of one’s labor for a specified period, or an amount obtained by deducting necessary expenses from the money earned from operating a business or the management of assets; |
4. | The term "average monthly income" means an amount computed by averaging the standard monthly income for all workplace-based insured persons and individually insured persons each year; |
5. | The term "standard monthly income" means an amount determined on the basis of the monthly income of a person insured by the National Pension Service (hereinafter referred to as "insured person") in order to calculate his or her pension premiums and benefits; |
6. | The term "workplace-based insured person" means an employee employed in a workplace and an employer, insured by the National Pension Service pursuant to Article 8; |
7. | The term "individually insured person" means a person insured by the National Pension Service pursuant to Article 9, who is not a workplace-based insured person; |
8. | The term "voluntarily insured person" means a person insured by the National Pension Service pursuant to Article 10, who is neither a workplace-based insured person nor an individually insured person; |
9. | The term "voluntarily and continuously insured person" means a person currently or formerly insured by the National Pension Service, who becomes insured pursuant to Article 13 (1); |
10. | The term "pension premium" means, in cases of a workplace-based insured person, the sum of employer contributions and employee’s contribution, and in cases of an individually insured person, voluntarily insured person, and voluntarily and continuously insured person, an amount paid exclusively by such person, all of which are necessary to support the costs associated with national pension services; |
11. | The term "employer contribution" means an amount contributed by the employer of a workplace-based insured person; |
12. | The term "employee contribution" means an amount borne by a workplace-based insured person; |
13. | The term "workplace" means a place of business or an office that hires employees; |
14. | The term "entitlement to receive benefits" means the right to receive benefits under this Act; |
15. | The term "annuitant" means a person entitled to receive benefits; |
16. | The term "beneficiary" means a person who receives benefits under this Act; |
17. | The term "date of the first medical examination" means the date a person undergoes the first medical examination of a disease or injury that is a major cause of disability. In such cases, specific criteria of judgment of the date of the first medical examination of disease or injury shall be prescribed and publicly notified by the Minister of Health and Welfare; |
18. | The term "date a disease or injury is completely cured" means the date a disease or injury that is a major cause of disability falls under any of the following. In such cases, specific criteria of judgment of the date a disease or injury by types of symptoms is completely cured shall be prescribed and publicly notified by the Minister of Health and Welfare: |
(a) | Date the relevant disease or injury is cured medically; |
(b) | Date the symptoms of a disease or injury are deemed consistent, in which case the effect of medical treatment cannot be expected anymore; |
(c) | Date a disease or injury is deemed completely cured when considering the degree of symptoms, though the symptoms thereof are not deemed consistent; |
19. | The term "participation period of National Pension Plan" means a period from the age of 18 to the date of the first medical examination or the date of death, which refers to the period excluding a period falling under the following: Provided, That where a person participated in the National Pension Plan below the age of 18, the period during which he or she paid pension premiums (including the period of deferred payment where the deferred payment of pension premiums was made pursuant to Article 92 for the period falling under Article 92 (1) 1-2 before the date of the first medical examination or the date of death) of the period during which he or she was below the age of 18 shall be included in the participation period of National Pension Plan; where he or she paid pension premiums later pursuant to Article 92 for the period corresponding to items (b) and (c) before the date of the first medical examination or the date of death, the period for which he or she paid pension premiums later shall be included in the participation period of National Pension Plan: |
(a) | Period during which a person is excluded from persons eligible to participate in the National Pension Plan pursuant to the proviso of Article 6; |
(b) | Period during which he or she is excluded from individually insured persons pursuant to subparagraph 3 of Article 9 of the period during which he or she was over the age of 18 and below the age of 27; |
(c) | Period during which he or she did not pay pension premiums pursuant to each subparagraph of Article 91 (1) of the period during which he or she was over the age of 18 and below the age of 27 (in cases falling under Article 91 (1) 2, the period during which he or she was over the age of 27 is included). |
(2) | In applying this Act, a spouse, husband or wife includes any person who is in a de facto marital relationship. |
(3) | If the fetus of a currently or formerly insured is delivered at the time when such person acquires his or her entitlement to receive benefits, the child shall be deemed a child whose livelihood is supported by such a currently or formerly insured. <Amended on May 29, 2016> |
(4) | The range of income according to the types of insured persons, methods of calculating the amount of average monthly income, methods of determining the amount of standard monthly income, and the period for application thereof, etc., shall be prescribed by Presidential Decree. <Added on Jan. 28, 2015> |
Article 3-2 (Responsibilities of the State) |
The State shall establish and implement policies necessary so that pension benefits under this Act are provided in a stable and continuous manner.
[This Article Added on Jan. 14, 2014]
Article 4 (Financial Accounting of National Pension Scheme and Securing Long-term Financial Balance) |
(1) | The level of benefits and pension premiums under this Act shall be adjusted to secure the long-term financial balance of the National Pension Scheme. |
(2) | The Minister of Health and Welfare shall perform an accounting of the finances of the National Pension Scheme every five years, as prescribed by Presidential Decree, and formulate a comprehensive plan on the overall operation of the National Pension Scheme, including its financial outlook, adjustment of pension premiums, and an operational plan for the National Pension Fund, and shall obtain the President’s approval following deliberation by the State Council, and then submit the approved plan to the National Assembly by the end of October of the relevant year to be reported to the competent standing committee of the National Assembly, and shall publish the plan, as prescribed by Presidential Decree: Provided, That where necessary due to sharp economic fluctuations, etc., the fiscal balance of the National Pension Scheme may be newly calculated and a plan for the overall operation of the National Pension Scheme may be formulated. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 29, 2020> |
(3) | If any significant change occurs in securing long-term financial balance of national pension, demographic structure, living standards, incomes, prices, or other economic conditions, the pension premiums, benefits to be paid, conditions for receiving benefits, etc. under this Act shall be adjusted accordingly. <Amended on Jan. 14, 2014> |
[Title Amended on Jan. 14, 2014]
Article 5 (National Pension Review Committee) |
(1) | A National Pension Review Committee shall be established under the Ministry of Health and Welfare to deliberate on the following matters concerning national pension services: <Amended on Feb. 29, 2008; Jan. 18, 2010> |
1. | Matters concerning the national pension system and accounting of finances; |
2. | Matters concerning benefits; |
3. | Matters concerning pension premiums; |
4. | Matters concerning the National Pension Fund; |
5. | Other matters concerning the operation of the National Pension Scheme tabled to the meeting by the Minister of Health and Welfare. |
(2) | The National Pension Review Committee shall consist of a chairperson, a vice chairperson and committee members; the Vice Minister of Health and Welfare shall be the chairperson of the Committee, and the vice chairperson shall be elected from among and by the committee members representing the public interest; the committee members shall be appointed or commissioned by the Minister of Health and Welfare in accordance with the following classifications: <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 11, 2018> |
1. | Four persons recommended by employers' organizations to represent employers; |
2. | Four persons recommended by employees' organizations to represent employees; |
3. | The following persons representing individually insured persons: |
(a) | Two persons recommended by farmers and fishers' organizations; |
(b) | Two persons recommended by organizations related to self-employed persons, other than by organizations of farmers and fishers; |
(c) | Two persons recommended by consumer organizations and civic groups; |
4. | Four members representing beneficiaries; |
5. | Five experts having knowledge and experience in the National Pension Scheme as members representing the public interest. |
(3) | Necessary matters concerning the organization and operation of the National Pension Review Committee shall be prescribed by Presidential Decree. |
CHAPTER II PERSONS INSURED UNDER NATIONAL PENSION SCHEME
Article 6 (Persons Eligible to Participate in National Pension Plan) |
Korean citizens residing in the Republic of Korea over the age of 18 and below the age of 60 shall be eligible to participate in the National Pension Plan: Provided, That the foregoing shall not apply to public officials, military personnel, school teachers and staff, and employees of special post offices governed by the Public Officials Pension Act, the Military Pension Act, the Pension for Private School Teachers and Staff Act, and the Special Post Offices Act, respectively, and other persons prescribed by Presidential Decree. <Amended on May 29, 2016>
Article 7 (Types of Insured Status) |
Insured persons shall be classified into workplace-based insured persons, individually insured persons, voluntarily insured persons, and voluntarily and continuously insured persons.
Article 8 (Workplace-Based Insured Persons) |
(1) | An employee or employer aged between 18 and under 60 in a workplace prescribed by Presidential Decree in consideration of type of business and number of employees, etc. (hereinafter referred to as “mandatorily applicable workplace”) shall become workplace-based insured as a matter of course: Provided, That the foregoing shall not apply to any of the following persons: <Amended on Feb. 6, 2009; Mar. 20, 2018; Dec. 10, 2019> |
1. | A person who becomes entitled to a retirement pension, disability pension, or lump-sum retirement pension under the Public Officials Pension Act, the Public Officials' Accident Compensation Act, the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act, a veteran's pension or veteran's pension in one lump sum under the Military Pension Act, or a pension for wounds under the Military Accident Compensation Act (hereinafter referred to as "annuitant of a retirement pension, etc."): Provided, That the foregoing shall not apply where a beneficiary of a retirement pension, etc. has applied for aggregation as prescribed in Article 8 of the Act on Aggregation of National Pension and Occupational Pensions; |
2. | Deleted. <Jun. 7, 2011> |
(2) | Notwithstanding paragraph (1) and Article 6, an employee under age 18 engaged in a workplace covered by the National Pension Service, shall be deemed a workplace-based insured person: Provided, That if he or she does not wish to be a workplace-based insured person, he or she may opt not to be a workplace-based insured person. <Amended on Jan. 28, 2015> |
(3) | Notwithstanding paragraph (1), a beneficiary who receives livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act or beneficiary who receives medical benefits under subparagraph 3 of the aforesaid Article may choose not to become a workplace-based insured person in accordance with his or her wish. <Added on Jun. 7, 2011; Dec. 29, 2015> |
Article 9 (Individually Insured Persons) |
A person who is not a workplace-based insured person under Article 8 and who is aged between 18 and under 60 shall become an individually insured as a matter of course: Provided, That the foregoing shall not apply to any of the following persons: <Amended by Feb. 6, 2009; Dec. 29, 2015> 1. | A non-income earner whose spouse falls under any of the following categories: |
(a) | A person who is excluded from the coverage of the National Pension Scheme under the proviso of Article 6; |
(b) | A workplace-based insured person, individually insured person, or voluntarily and continuously insured person; |
(c) | Deleted; <May 29, 2016> |
(d) | An annuitant of an old-age pension or an annuitant of a retirement pension, etc.; |
3. | A person aged between 18 and under 27 and who has no income for reasons such as study or military service (excluding those who have ever paid pension premiums); |
5. | A person whose whereabouts is unknown for at least one year. In such cases, the criteria and method to recognize that a person’s whereabouts is unknown shall be prescribed by Presidential Decree. |
Article 10 (Voluntarily Insured Person) |
(1) | A person who does not fall under any of the following subparagraphs and who is aged between 18 and under 60 may become voluntarily insured if he or she submits an application for coverage by the National Pension Scheme to the National Pension Service, as determined by Ministerial Decree of Health and Welfare: <Amended on Feb. 29, 2008; Jan. 18, 2010> |
1. | Workplace-based insured person; |
2. | Individually insured person. |
(2) | A voluntarily insured person may withdraw from the coverage of the National Pension Scheme by submitting an application for such to the National Pension Service, as prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
Article 11 (Timing of Acquisition of Insured Status) |
(1) | A workplace-based insured person shall acquire insured status on the date on which he or she falls under any of the followings: |
1. | When he or she gets hired in the workplace referred to in the main clause of Article 8 (1) or becomes an employer of such workplace; |
2. | When his or her workplace becomes a mandatorily applicable workplace. |
(2) | An individually insured person shall acquire his or her insured status on the date on which he or she falls under any of the followings. If such person cannot verify when income has occurred in cases referred to in subparagraph 3 or 4, he or she acquires such insured status on the date on which he or she files a report pursuant to Article 21 (2): <Amended on Jun. 7, 2011> |
1. | When he or she loses the status of a workplace-based insured person; |
2. | When he or she ceases to be excluded from the coverage of the National Pension Scheme under the proviso of Article 6; |
3. | When his or her spouse referred to in Article 9 earns separate income; |
4. | When a person aged between 18 and under 27 earns income. |
(3) | A voluntarily insured person shall acquire insured status on the date on which the application for coverage is accepted. |
Article 12 (Timing for Loss of Insured Status) |
(1) | A workplace-based insured person shall lose insured status on the date following the date he or she falls under any of the following subparagraphs: Provided, That in cases falling under subparagraph 5, he or she shall lose insured status on the same date that he or she falls under that subparagraph: |
2. | When he or she loses nationality or moves overseas; |
3. | When his or her employment relationship terminates; |
4. | When he or she reaches age 60; |
5. | When he or she becomes excludable from coverage by the National Pension Scheme under theproviso of Article 6. |
(2) | An individually insured person shall lose the insured status on the date following the date he or she falls under any of the following subparagraphs: Provided, That in cases under subparagraphs 3 and 4, he or she shall lose the insured status on the same date that he or she falls under those subparagraphs: |
2. | When he or she loses nationality or emigrates overseas; |
3. | When he or she becomes excludable from coverage by the National Pension Scheme under theproviso of Article 6. |
4. | When he or she acquires the status of a workplace-based insured person; |
5. | When he or she no longer has a separate income as the spouse of a person falling under subparagraph 1 of Article 9; |
6. | When he or she reaches age 60; |
(3) | A voluntarily insured person shall lose insured status on the date following the date he or she falls under any of the following subparagraphs: Provided, That in cases under subparagraphs 6 and 7, he or she shall lose his or her insured status on the same date he or she falls under those subparagraphs: |
2. | When he or she loses nationality or emigrates overseas; |
3. | When an application for withdrawal as referred to in Article 10 (2) is received; |
4. | When he or she reaches age 60. |
5. | When he or she continuously fails to pay pension premiums for a period exceeding that prescribed by Presidential Decree. |
6. | When he or she acquires the status of a workplace-based insured person or an individually insured person; |
7. | When he or she becomes excludable from the coverage by the National Pension Scheme under the proviso of Article 6. |
Article 13 (Voluntarily and Continuously Insured Persons) |
(1) | Notwithstanding the main clause of Article 6, any of the following persons may become voluntarily and continuously insured if he or she files an application for membership with the National Pension Service, as prescribed by Ministerial Decree of Health and Welfare, until he or she reaches age 65. In such cases, such entitlement shall be obtained on the date the application is accepted: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 31, 2011; Jan. 28, 2015; May 29, 2016> |
1. | A person currently or formerly insured by the National Pension Service, who has reached age 60: Provided, That any of the following persons shall be excluded herefrom: |
(a) | A person who has never paid a pension premium; |
(b) | An old age pension annuitant receiving pension benefits; |
(c) | A person who has received a lump-sum refund on the grounds prescribed in Article 77 (1) 1; |
2. | A currently or formerly insured by the National Pension Service as an employee in occupational categories prescribed by Presidential Decree for at least 3/5 of the whole participation period of the National Pension Service (hereinafter referred to as "employees in special occupational categories"), who is not paid old age pension benefits, among the following persons: |
(a) | A person who has acquired entitlement to an old age pension pursuant to Article 61 (1); |
(b) | A person who has acquired entitlement to a special old age pension pursuant to Article 5 of the Addenda to the National Welfare Pension Act (Act No. 3902). |
(2) | A voluntarily and continuously insured person may opt out of the coverage of the National Pension Scheme by submitting an application to the National Pension Service, as prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(3) | A voluntarily and continuously insured person shall lose his or her entitlement on the day following the date he or she falls under any of the following: Provided, That where the last day of the month in which the voluntarily and continuously insured person pays the last pension premium is the same as or earlier than the date an application for withdrawal is accepted and he or she wishes, he or she shall lose his or her entitlement on the last day of the month in which he or she pays the last pension premium: <Amended on May 29, 2016> |
2. | When he or she loses nationality or emigrates overseas; |
3. | When an application for withdrawal pursuant to paragraph (2) is accepted; |
4. | When he or she continuously fails to pay pension premiums for at least the period prescribed by Presidential Decree. |
Article 14 (Confirmation of Entitlement to Participate in National Pension Plan) |
(1) | The National Pension Service shall verify the acquisition and loss of entitlement to participate in the National Pension Plan and the standard monthly income of persons who participate in the National Pension Plan. <Amended on May 29, 2016> |
(2) | The acquisition or loss of entitlement to participate in the National Pension Plan shall take effect at the time of the acquisition and loss of entitlement to participate in the National Pension Plan under Articles 11 through 13. <Amended on May 29, 2016> |
(3) | Confirmation referred to in paragraph (1) shall be made at the request of a person who participates in the National Pension Plan, by a report filed pursuant to Article 21, or at the discretion of the National Pension Service. |
(4) | A person who participates or participated in the National Pension Plan may, at any time, request confirmation of the acquisition and loss of entitlement to participate in the National Pension Plan, or changes in the type of persons who participate in the National Pension Plan, and their standard monthly income, as prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; May 29, 2016> |
[Title Amended on May 29, 2016]
Article 15 (Presumption of Death) |
A person concerning whom it is impossible to ascertain whether he or she is alive after being aboard a ship or aircraft involved in an accident, or a person regarding whom it is impossible to know whether he or she is alive due to other reasons, shall be presumed deceased in relation to the confirmation of the eligibility of an insured person and the payment of a pension, as prescribed by Presidential Decree. <Amended on Jan. 28, 2015>
Article 16 (Insurance Certificates) |
(1) | The National Pension Service shall issue a national pension insurance certificate to an insured person if he or she desires so. <Amended on Jun. 7, 2011> |
(2) | Detailed information to be stated in a national pension insurance certificate referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jun. 7, 2011> |
(3) | Matters necessary for issuing certificates referred to in paragraph (1) shall be determined by Ministerial Decree of Health and Welfare. <Added on Jun. 7, 2011> |
[Title Amended on Jun. 7, 2011]
Article 17 (Calculation of Period of Participation in National Pension Scheme) |
(1) | The period of participation in National Pension Scheme (hereinafter referred to as "participation period") shall be calculated on a monthly basis, beginning with the month immediately following the month in which a person acquires insured status, and ending with the month in which the date immediately preceding the date on which the person loses such status falls: Provided, That in any of the following cases, the month in which a person acquires insured status shall be included in the participation period, but if an insured person re-acquires insured status in the month of the date immediately preceding the date he or she lost insured status, the month in which he or she re-acquires the insured status shall not count toward the participation period: <Amended on Jun. 7, 2011> |
1. | Where the date of acquisition of the insured status is the first day of the month in which such date falls (excluding cases where a person loses again his or her insured status in the month of the date of acquisition of such status); |
2. | Where a person acquires the status of a voluntarily and continuously insured person; |
3. | Where an insured person so desires. |
(2) | The period during which no pension premium is paid shall not be counted when computing the participation period: Provided, That where an employer who has deducted employee contributions from the wages of an employee fails to pay the pension premiums, a period corresponding to 1/2 of the period of not paying pension premiums shall be included in the participation period of such employee. In such cases, a period of less than one month shall be counted as one month. |
(3) | Where the National Health Insurance Service (hereinafter referred to as "Health Insurance Service") established under Article 13 of the National Health Insurance Act notifies an employee of his or her workplace's default on the payment of contributions, pursuant to Article 90 (4), the default period starting from the month immediately following the notified default month shall not count towards the participation period, notwithstanding the proviso of paragraph (2). In such cases, such employee may pay his or her employee contributions and employer contributions falling in the delinquent period not included in the participation period to the Health Insurance Service, as prescribed by Presidential Decree, notwithstanding Article 90 (1), and the following periods shall be included in the participation period. <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010; Dec. 31, 2011; Jun. 8, 2021; Jul. 27, 2021> |
1. | Payment of employee contributions: The period corresponding to 1/2 of the delinquent period; In such cases, a period of less than one month shall be counted as one month; |
2. | Payment of employee contributions and employer contributions: The period corresponding to the delinquent period. |
(4) | Where 10 years have passed from the monthly payment deadline as at the time employee contributions or employer contributions are paid under the latter part of paragraph (3), accrued interest prescribed by Presidential Decree shall be added thereto. <Added on Jun. 8, 2021> |
(5) | Where the Health Insurance Service has received or collected pension premiums in arrears from an employer, it shall refund the employee contributions and employer contributions paid in duplicate pursuant to the latter part of paragraph (3) plus accrued interest prescribed by Presidential Decree to the relevant employee. <Added on Jun. 8, 2021> |
(6) | Where lump-sum refunds paid under Article 77 correspond to benefits to be recovered pursuant to Article 57 (1) and where they are not repaid yet, a period corresponding thereto shall not be included in the participation period. <Amended on Dec. 31, 2011; Jun. 8, 2021> |
Article 17-2 (Calculation of Participation Period for Month of Partial Payment of Pension Premiums) |
(1) | In calculating the participation period, if a pension premium has been partially paid, such partially paid pension premium shall be appropriated for payment of pension premiums payable, arrears, etc. of any month in which a pension premium was partially paid, and the month in which a pension premium is fully paid after appropriation shall be included in the participation period. In such cases, matters necessary for the objects and method of appropriation, calculation of the participation period, and payment of pension benefits and other matters shall be prescribed by Presidential Decree. |
(2) | If some pension premiums remain unpaid even after an appropriation has been made pursuant to paragraph (1), such pension premiums shall be refunded in the month in which the first pension benefits are paid: Provided, That where a currently or formerly insured makes a request, the unpaid pension premiums, arrears, etc. in the month of partial payment of pension premiums may be collected, notwithstanding Article 99, and included in the participation period of the relevant month. |
(3) | Where pension premiums, arrears, etc. are refunded or collected pursuant to paragraph (2), accrued interest prescribed by Presidential Decree shall be added thereto. |
[This Article Added on Jun. 7, 2011]
Article 18 (Additional Inclusion of Period of Military Service in Period of Participation in National Pension Plan) |
(1) | Where any of the following persons acquires entitlement to an old-age pension (including where a person can be entitled to an old-age pension if an additional period is added to his or her coverage period under this Article), six months shall be added to the calculation of the participation period: Provided, That this shall not apply where the period during which a person performed mandatory military service under the Military Service Act is less than six months: <Amended on Jun. 9, 2009; Jun. 4, 2013; May 29, 2016> |
(2) | Notwithstanding paragraph (1), where the whole or some period during which a person fulfilled military service under the Military Service Act was included in any of the following periods, paragraph (1) shall not apply thereto: <Amended on May 29, 2016> |
(3) | The financial resources required for the inclusion of additional participation period under paragraph (1) shall be wholly borne by the State. |
Article 19 (Inclusion of Additional Participation Period for Childbirth) |
(1) | When a currently or formerly insured having two or more children acquires entitlement to an old-age pension (including where a person can acquire entitlement to an old-age pension if an additional period should be added to his or her coverage period under this Article), an additional period shall be added thereto as specified in the following subparagraphs: Provided, That such additional period shall not exceed 50 months; necessary matters concerning the method of recognition of the number of children and similar matters shall be prescribed by Presidential Decree: |
1. | Where the number of children is two: 12 months; |
2. | Where the number of children is three or more: 12 months recognized for two children plus 18 months for each additional child. |
(2) | Where both parents are currently or formerly insured, the additional period referred to in paragraph (1) shall be added to only one of the two parents' participation periods by agreement between the father and the mother, and when the parents fail to reach agreement, the additional period shall be equally divided to be added to each parent’s participation period. In such cases, necessary matters concerning the procedure of agreement, etc. shall be determined by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(3) | The financial resources required for the inclusion of the additional coverage periods referred to in paragraph (1) shall be borne by the State in whole or in part. |
Article 19-2 (Additional Inclusion of Unemployment in Insured Period of Cover) |
(1) | When a person meeting all the following requirements and receiving a job seeker's allowance under Article 37 (1) of the Employment Insurance Act files an application with the National Pension Service to include the period during which the job seeker's allowance is received in the insured period of cover, the National Pension Service shall additionally include such period in the insured period of cover: Provided, That the additionally included period shall not exceed one year: |
1. | He or she shall be currently or formerly insured, among those aged 18 or older and younger than 60; |
2. | His or her property or income prescribed by Presidential Decree shall be below the standards prescribed and publicly notified by the Minister of Health and Welfare. |
(2) | In regard to a period included in the insured period of cover pursuant to paragraph (1), he or she shall be deemed insured by the National Pension Service based on income equivalent to half the amount of wage, which is converted from daily wages to monthly wages (hereinafter referred to as "recognized income" in this Article), which serves as the basis of calculating the job seeker's allowance under Article 45 of the Employment Insurance Act: Provided, That the upper limit and the lower limit of the recognized income shall be the amount prescribed and publicly notified by the Minister of Health and Welfare. |
(3) | Where a currently or formerly insured intends to additionally include the period during which a job seeker's allowance is received in the insured period of cover pursuant to paragraph (1), he or she shall pay pension premiums based on the recognized income. In such cases, the Government may fully or partially subsidize pension premiums from general accounts, the National Pension Fund under Article 101, and the Employment Insurance Fund under Article 78 of the Employment Insurance Act. |
(4) | Where an additionally included period in the insured period of cover (hereinafter referred to as "additionally included period" in this paragraph) pursuant to paragraph (1) is applied to benefits under subparagraphs 1 through 3 of Article 49, each of the following subparagraphs shall apply: |
1. | Old age pension under subparagraph 1 of Article 49: An additionally included period shall be reflected in the amount of basic pension under Article 51; |
2. | Disability pension under subparagraph 2 of Article 49: No additionally included period shall be reflected in any amount of basic pension under Article 51; |
3. | Survivor pension under subparagraph 3 of Article 49: No additionally included period shall be reflected in any amount of basic pension under Article 51, but shall be reflected in the insured period of cover falling under the subparagraphs of Article 74. |
(5) | The National Pension Service may entrust affairs, such as receiving and processing applications under paragraph (1), to an employment security office under the Employment Insurance Act and other public institutions (referring to public institutions under the Act on the Management of Public Institutions), as prescribed by Presidential Decree. |
(6) | Necessary matters concerning methods of filing applications under paragraph (1), the range and details of subsidization under paragraph (3), etc. shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 28, 2015]
Article 20 (Aggregate of Participation Periods) |
(1) | With respect to a person who has re-attained the status of an insured person after losing his or her insured status, the former and latter participation periods shall be aggregated. |
(2) | If there is any change in a person's type of insured status, the participation period for each type of insured status shall be aggregated. |
Article 21 (Reporting on Entitlement and Income of Persons to Participate in National Pension Plan) |
(1) | The employer of a workplace-based insured person shall report to the National Pension Service the fact that the workplace falls under an automatically covered workplace, changes in business information, suspension and closure of business, etc., and matters concerning acquisition and loss of insured status, monthly incomes, etc. of insured persons, as prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(2) | An individually insured person, voluntarily insured person, or voluntarily and continuously insured person shall report matters concerning the acquisition and loss of insured status, changes in name or address, income, etc. to the National Pension Service, as prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(3) | Where an individually insured person, voluntarily insured person, or voluntarily and continuously insured person is unable to make a report under paragraph (2) for reasons beyond his or her control, his or her spouse or any of his or her family members may make a report on his or her behalf. |
[Title Amended on May 29, 2016]
Article 22 (Notice to Reporters) |
(1) | When the National Pension Service receives a report under Article 21, it shall ascertain the details thereof, and if it deems the details thereof are different from the fact, it shall notify the reporter of such fact. |
(2) | Article 23 (4) shall apply mutatis mutandis to notification under paragraph (1). <Amended on Jan. 28, 2015> |
Article 23 (Notice to Insured Persons) |
(1) | When the National Pension Service has confirmed the acquisition and loss of a workplace-based insured person's status under Article 14, or determined or adjusted the standard monthly income, it shall notify the employer of the relevant workplace of such fact, and when it has confirmed the acquisition and loss of the insured status of an individually insured person, voluntarily insured person, or voluntarily and continuously insured person, or determined or adjusted the standard monthly income, it shall also notify the relevant individually insured person, voluntarily insured person, or voluntarily and continuously insured person of such fact. |
(2) | An employer in receipt of notice under paragraph (1) shall notify the relevant workplace-based insured person or the relevant person who has lost insured status of such fact, but if he or she is unable to give such notice because the whereabouts of the person to receive such notice is unknown, he or she shall notify the National Pension Service of such fact. |
(3) | Where an employer gives notice to a workplace-based insured person or a person who has lost such status pursuant to paragraph (2), he or she shall prepare documents verifying such fact, and preserve such documents for a period prescribed by Ministerial Decree of Health and Welfare. <Added on Jan. 28, 2015> |
(4) | When any of the following events occurs, the National Pension Service may publicly announce in lieu of giving notice, as prescribed by Ministerial Decree of Health and Welfare: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jan. 28, 2015> |
1. | Where a workplace is closed down; |
2. | Where it does not know the whereabouts of an individually insured person, voluntarily insured person, or voluntarily and continuously insured person, who is to receive notice under paragraph (1); |
3. | Upon receipt of notice from an employer pursuant to paragraph (2); |
4. | Other cases of unavoidable circumstances that make it impossible to give notice, which are prescribed by Presidential Decree. |
CHAPTER III NATIONAL PENSION SERVICE
Article 24 (Establishment of National Pension Service) |
The National Pension Service (hereinafter referred to as the "Service") shall be established to effectively provide services commissioned by the Minister of Health and Welfare to attain the purpose set forth in Article 1. <Amended on Feb. 29, 2008; Jan. 18, 2010>
Article 25 (Affairs of the Service) |
The Service shall conduct the following affairs: <Amended on Feb. 29, 2008; Jan. 30, 2009; May 21, 2009; Jan. 18, 2010; Dec. 31, 2011; Jun. 22, 2015; Dec. 29, 2015; May 29, 2016; Jan. 15, 2019>
1. | Management and maintenance of records on persons who participate in the National Pension Scheme; |
2. | Charging pension premiums; |
3. | Determination and disbursement of benefits; |
4. | Welfare promotion services, such as the provision of loans, and the establishment and operation of welfare facilities, for persons who participate or participated in the National Pension Plan, annuitants, and beneficiaries; |
5. | Fund lending to persons who participate or participated in the National Pension Scheme to increase the Fund; |
6. | Old age preparation services for persons eligible to participate in the National Pension Plan (hereinafter referred to as "persons eligible to participate in the National Pension Plan") under Article 6, annuitants, etc.; |
7. | Research and studies on the National Pension System, financial calculation, and the operation of the Fund; |
8. | Nurturing professional personnel operating the National Pension Fund; |
9. | International cooperation in national pension; |
10. | Other matters entrusted pursuant to this Act or other statutes and regulations; |
11. | Other matters entrusted by the Minister of Health and Welfare in relation to national pension services. |
Article 26 (Legal Personality of the Service) |
The Service shall be a juristic person.
(1) | The seat of the principal office of the Service and the department administered by the fund director under Article 31 shall be Jeollabuk-do. <Amended on July 30, 2013> |
(2) | The Service may establish branch offices as prescribed by the articles of incorporation, if necessary. |
Article 27-2 (National Pension Research Institute) |
(1) | The Service may establish the National Pension Research Institute under its jurisdiction in order to conduct affairs under subparagraph 7 of Article 25. |
(2) | Matters necessary for the organization, operation, etc. of the National Pension Research Institute shall be prescribed by the articles of incorporation of the National Pension Service. |
[This Article Added on Dec. 29, 2015]
Article 27-3 (Nurturing Personnel Operating the Fund) |
The Service may operate educational and training programs or entrust educational training to domestic or foreign educational institutions, research institutes, etc. in order to nurture professional personnel operating the National Pension Fund under subparagraph 8 of Article 25. [This Article Added on Jan. 15, 2019]
Article 28 (Articles of Association) |
(1) | The articles of incorporation of the Service shall include the following matters: |
3. | Matters concerning the main office and branch offices; |
4. | Matters concerning executive officers and employees; |
5. | Matters concerning the Board of Directors; |
6. | Matters concerning its projects; |
7. | Matters concerning budget and settlement of accounts; |
8. | Matters concerning assets and accounts; |
9. | Matters regarding amendments to the articles of incorporation; |
10. | Matters concerning the enactment, amendment and abolition of rules and regulations; |
11. | Matters concerning public announcement. |
(2) | If the Service desires to amend the articles of incorporation, it shall obtain the approval of the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
Article 29 (Registration of Establishment) |
The Service shall come into existence upon the completion of its registration of establishment at the location of its principal office.
Article 30 (Executive Officers) |
(1) | The Service shall include, as executive officers of the board, one chief executive officer, not more than four standing directors, nine directors and one auditor; the directors shall include one or more representative each of employers, employees, individually insured persons, and beneficiaries and include, as an ex officio director, one national public official of Grade III in the Ministry of Health and Welfare, or one public official in general service belonging to the Senior Executive Service, who is in charge of duties related to National Pension Scheme. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 29, 2015; Dec. 11, 2018> |
(2) | The chief executive officer shall be appointed and dismissed by the President upon the recommendation of the Minister of Health and Welfare; the standing directors, directors (excluding the ex officio director) and auditor shall be appointed and dismissed by the Minister of Health and Welfare upon the recommendation of the chief executive officer. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(3) | The directors shall not be remunerated for services as directors: Provided, That actual expenses may be reimbursed. |
Article 31 (Fund Director) |
(1) | A director to be in charge of the management and operation of the National Pension Fund (hereinafter referred to as the "fund director") under Article 101 (hereinafter referred to as the "Fund") shall be appointed from among the standing directors possessing extensive knowledge and experience in the fields of business administration, economy and fund operation. |
(2) | In order to recommend candidates for the fund director, a Fund Director Recommendation Committee comprised of the chief executive officer as chairperson and the directors as members shall be established under the Service (hereinafter referred to as the "Recommendation Committee"). |
(3) | The Recommendation Committee shall publicly announce in major daily newspapers an invitation for fund director candidates, and apart from this, may conduct a search for persons deemed fit for the post of fund director or entrust such search to a professional organization. |
(4) | In accordance with the criteria for the examination of candidates for fund director, as prescribed by Ministerial Decree of Health and Welfare, the Recommendation Committee shall examine the candidates who responded to the invitations referred to in paragraph (3), and consult with those recommended to the final stage of candidacy for fund director on the terms of contract. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(5) | In accordance with the results of the deliberation and consultation referred to in paragraph (4), the chief executive officer shall recommend the final candidate for the fund director to the Minister of Health and Welfare, with the simultaneous submission of a draft contract. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(6) | If the Minister of Health and Welfare approves the recommendation proposal and draft contract submitted under paragraph (5), the chief executive officer shall conclude a contract with the final candidate. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(7) | The submission of a recommendation proposal and draft contract under paragraph (5) and approval thereon under paragraph (6) shall be regarded as the recommendation and appointment of a standing director as referred to in Article 30 (2). |
(8) | Necessary matters concerning the qualification of the fund director, consultation on the draft contract, recommendation, conclusion of contract, etc. shall be determined by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
Article 32 (Term of Office of Executive Officers) |
The term of office of executive officers shall be three years: Provided, That the term of office of the ex officio director shall be the duration of his status as an ex officio director, and the term of office of the fund director shall be the term of the relevant contract.
Article 33 (Duties of Executive Officers) |
(1) | The chief executive officer shall represent the Service, and supervise the operation of the Service. |
(2) | The standing directors shall be delegated the duties of the Service, as prescribed by the articles of incorporation, and when the chief executive officer is unable to perform his or her duties due to any unavoidable circumstance, they shall act for the chief executive officer in the order of priority prescribed by the articles of incorporation. |
(3) | The auditor shall audit and inspect the accounts, the status of management of operations, and properties of the Service. |
Article 34 (Appointment of Representative) |
The chief executive officer may appoint a representative from among his or her staff who shall have the authority to perform all judicial or non-judicial acts with regard to duties of the Service, as prescribed by the articles of incorporation.
Article 35 (Grounds for Disqualification of Executive Officers) |
No person who falls under any of the following shall be an executive officer of the Service: <Amended on Jan. 28, 2015>
1. | An incompetent person under adult guardianship or a quasi-incompetent person under adult guardianship; |
2. | A person declared bankrupt but not yet reinstated; |
3. | A person sentenced to imprisonment without prison labor or heavier punishment, for whom three years have not passed since the execution of such punishment was completed or exempted; |
4. | A person who is disqualified or whose qualification is suspended, under any Act or by a court decision. |
Article 36 (Ex Officio Retirement and Dismissal of Executive Officers) |
(1) | Any executive officer who comes to fall under any of the subparagraphs of Article 35 shall retire ex officio from his or her office. |
(2) | The person with the authority to appoint or dismiss executive officers may, if any executive officer comes to fall under any of the following subparagraphs, dismiss the executive officer: |
1. | When it is accepted that the executive officer is unable to perform his or her duties due to a physical or mental disorder; |
2. | When the executive officer has violated the obligations associated with his or her duties; |
3. | When the executive officer has caused a loss to the Service intentionally or by gross negligence; |
4. | When the fund director falls under the causes for dismissal as prescribed in the terms of contract concluded by him or her and the chief executive officer under Article 31 (6). |
Article 37 (Restriction on Holding Concurrent Offices by Executive Officers and Employees) |
The chief executive officer, standing directors, auditor and employees of the Service shall not be engaged in a profit-making business; the chief executive officer, standing directors, and auditor shall not hold other offices concurrently without permission of the Minister of Health and Welfare; employees shall not hold other offices concurrently without permission of the chief executive officer. <Amended on Feb. 29, 2008; Jan. 18, 2010>
Article 38 (Board of Directors) |
(1) | In order to deliberate on and resolve significant matters concerning the Service, a Board of Directors shall be established in the Service. |
(2) | The Board of Directors shall be comprised of the chief executive officer, the standing directors, and the directors. |
(3) | The chief executive officer shall call and preside over the meetings of the Board of Directors. |
(4) | The resolutions of the Board of Directors shall be made with a majority of registered constituent members in attendance and by the affirmative voting of a majority of constituent members present. |
(5) | The auditor may attend and state his or her opinions at meetings of the Board of Directors. |
(6) | Necessary matters concerning the operation of the Board of Directors shall be prescribed by Presidential Decree. |
Article 39 (Appointment and Dismissal of Employee) |
The employees of the Service shall be appointed or dismissed by the chief executive officer, as prescribed by the articles of incorporation.
Article 40 (Status of Executive Officers and Employees) |
Article 41 (Supervision of the Service) |
(1) | The Service shall obtain the approval of the Minister of Health and Welfare on its plan of operation of services and budget each fiscal year, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(2) | The Service shall report to the Minister of Health and Welfare on its performance of services and settlement of accounts within two months after the closing of each fiscal year. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(3) | The Minister of Health and Welfare may order the Service to report on its services or inspect the status of its services or property, and if deemed necessary, take necessary measures regarding supervision, such as an order to amend the articles of incorporation. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
Article 42 (Accounting of the Service) |
(1) | The fiscal year of the Service shall coincide with that of the Government. |
(2) | The Service shall establish its accounting regulations under the approval of the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
Article 43 (Revenues and Expenditures of the Service) |
The revenues of the Service shall consist of money transferred from the National Pension Fund, government subsidies, loans and other income, and its expenditures shall consist of various kinds of benefits under this Act, reserves, returned money, repayment of borrowed funds and interest accrued therefrom, and other expenses incurred from the operations and services of the Service.
Article 44 (Temporary Borrowing and Appropriation by Transfer) |
(1) | Where the Service is lack of funds it should spend every fiscal year, it may temporarily borrow funds from the National Pension Fund, as prescribed by Presidential Decree. <Amended on Jan. 28, 2015> |
(2) | Temporary borrowings shall be repaid within the relevant fiscal year. |
(3) | Where the expenditure of the Service related to the various kinds of benefits exceeds its revenue, it may appropriate funds by transfer from the National Pension Fund every fiscal year following deliberation by the National Pension Fund Management Committee under Article 103, as prescribed by Presidential Decree. <Amended on Jan. 28, 2015> |
Article 45 (Treatment of Surplus) |
If there is a surplus as a result of the settlement of accounts at the end of each fiscal year, the Service shall use such to make up for losses and reserve the balance in the Fund.
Article 46 (Welfare Service and Loan Service) |
(1) | The Service may conduct the following welfare services to promote the welfare of currently and formerly insured persons and annuitants, as prescribed by Presidential Decree: |
4. | Other welfare services prescribed by Presidential Decree. |
(2) | The Service may invest in a corporation determined by Ministerial Decree of Health and Welfare from the National Pension Fund in order to implement the welfare services referred to in paragraphs (1) 2 and 3. <Amended on Jan. 18, 2010> |
(3) | The Service may provide loan services to a currently or formerly insured in order to raise the National Pension Fund, as prescribed by Presidential Decree. |
(4) | If executive officers and employees of the Service in charge of loan services provided under paragraphs (1) and (3) cause any loss to the Service by intention or by gross negligence in the course of performing their duties, they shall indemnify the Service against such damage. |
(5) | The Service may allow the currently or formerly insured or those, other than annuitants, to use some facilities it operates pursuant to paragraph (1) 2 through 4 to the extent of not interfering with welfare service under paragraph (1), as prescribed by Presidential Decree. <Added on Jan. 28, 2015> |
(6) | Matters regarding methods of investment under paragraph (2) shall be prescribed by Ministerial Decree of Health and Welfare. <Amended on Jan. 18, 2010; Jan. 28, 2015> |
[This Article Wholly Amended on Jan. 30, 2009]
Article 46-2 (Special Cases concerning Projects to Establish Welfare Facilities) |
Where the Service acquires the land developed by the State, a local government, the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act, or other public institutions prescribed by Presidential Decree in order to establish a welfare facility referred to in Article 46 (1) 2 and 3, the Service shall be deemed the State or a local government. <Amended on Dec. 18, 2012> [This Article Added on Jan. 30, 2009]
Article 46-3 (Old Age Preparation Services) |
The Service may implement the following programs related to old age preparations services (hereinafter referred to as "old age preparations services") under subparagraph 2 of Article 2 of the Act on Supporting Preparation for Later Life to ensure the stable later life of people including persons eligible to participate in the National Pension Plan and annuitants: 1. | Provision of old age preparations services; |
2. | Research and studies on old age preparations services; |
3. | Development and spread of programs necessary for old age preparations services; |
4. | Training and management of providers of old age preparations services; |
5. | Establishment and operation of an information system for old age preparations services; |
6. | Other matters entrusted by the Minister of Health and Welfare concerning the provision of old age preparations services. |
[This Article Wholly Amended on Jun. 22, 2015]
Article 47 (Entrustment of Affairs) |
(1) | The Service may entrust affairs related to the receipt of repayments of loans, affairs related to the disbursement of benefits and loans, and other affairs, in whole or in part, to corporations conducting social insurance affairs under other statutes and regulations, post offices, financial institutions and other persons, as prescribed by the articles of incorporation. <Amended on May 21, 2009> |
(2) | The scope of affairs which the Service may entrust and the scope of persons to whom such affairs may be entrusted under paragraph (1) shall be prescribed by Presidential Decree. |
Article 48 (Application Mutatis Mutandis of the Civil Act) |
The provisions of the Civil Act pertaining to incorporated foundations shall apply mutatis mutandis in matters concerning the Service, except as otherwise provided for in this Act.
CHAPTER IV PENSION BENEFITS
Section 1 General Provisions
Article 49 (Kinds of Benefits) |
The kinds of benefits prescribed in this Act shall be as follows:
Article 50 (Payment of Benefits) |
(1) | Benefits shall be paid by the Service at the request of an annuitant. <Amended on May 29, 2016> |
(2) | The amount of pension shall be calculated on the basis of a basic pension amount and a dependent pension amount, which may vary according to the grounds of payment thereof. |
Article 51 (Basic Pension Amount) |
(1) | The basic pension amount for an annuitant shall be the amount computed by multiplying the sum of each amount in the following subparagraphs by 1200/1000: Provided, That if the participation period exceeds twenty years, an amount equivalent to 50/1000 of the amount obtained in the main clause shall be added to the amount obtained in the main clause for each excess year (if the participation period is less than one year, each month shall be calculated as 1/12 of a year): <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 8, 2021> |
1. | An amount computed by dividing by three the sum of the amounts in the following provisions: |
(a) | An amount computed by converting the average monthly income of the year three years preceding the first year of the payment of pension benefits according to the Fluctuation Rate of Nation-wide Consumer Price Index (referring to the Fluctuation Rate of Nation-wide Consumer Price Index publicly notified by the Commissioner of the Korea National Statistical Office each year under Article 3 of the Statistics Act; hereafter in this Article the same shall apply) of the year preceding the first year of the payment of pension benefits, compared with that of the year three years preceding the first year of payment of pension benefits; |
(b) | An amount computed by converting the average monthly income of the year two years preceding the first year of the payment of pension benefits according to the Fluctuation Rate of Nation-Wide Consumer Price Index of the year preceding the first year of the payment of pension benefits, compared with that of the year two years preceding the first year of the payment of pension benefits; |
(c) | The average monthly income of the year preceding the first year of the payment of pension benefits; |
2. | An amount computed by converting the standard monthly income for the participation period of an insured person into its value of the year preceding the first year of the payment of pension benefits, each year according to the annual revaluation rate as publicly notified by the Minister of Health and Welfare as prescribed by Presidential Decree and then dividing the sum of all converted standard monthly incomes by the total participation period: Provided, That such amount shall be an amount to be calculated according to the following items: |
(a) | The standard monthly income for the participation period included pursuant to the proviso of Article 17 (2), and Article 17 (3) 1 shall be an amount equivalent to 1/2 of the amount calculated pursuant to the main clause, with the exception of the items, of this subparagraph; |
(b) | The standard monthly income for the participation period additionally included pursuant to Article 18 shall be an amount equivalent to 1/2 of the amount calculated pursuant to subparagraph 1; |
(c) | The standard monthly income for the participation period additionally included pursuant to Article 19 shall be an amount calculated pursuant to subparagraph 1. |
(2) | When applying the amount obtained in each subparagraph of paragraph (1) to an annuitant, an amount equivalent to the change rate shall be added or deducted based on the Fluctuation Rate of Nation-wide Consumer Price Index of the year preceding the first year of the payment of pension benefits, compared to that of the year two years prior to the first year of the payment of pension benefits following deliberation by the National Pension Review Committee established under Article 5. <Amended on Jan. 15, 2019> |
(3) | When applying the amount adjusted under paragraph (2) to an annuitant, the applicable period shall be from January to December of the relevant year of adjustment. <Amended on Jan. 15, 2019> |
Article 52 (Amount of Dependent Pension) |
(1) | The amount of dependent pension payable to each of the following persons whose livelihood is maintained by an annuitant (referring to a deceased currently or formerly insured, in cases of a survivor pension) shall be an amount prescribed in the relevant subparagraph. In such cases, eligibility criteria for such pension shall be prescribed by Presidential Decree: <Amended on Jun. 7, 2011; Jan. 28, 2015> |
1. | Spouse: 150,000 won per year; |
2. | Child under age 19 or with at least a second degree disability (including any child born to or adopted by the spouse before marriage; hereafter in this Article the same shall apply): 100,000 won per year; |
3. | Parents aged at least 60 years or with at least a second degree disability (including the spouse of the father or mother, and parents of the spouse; hereafter in this Article the same shall apply): 100,000 won per year. |
(2) | Article 51 (2) and (3) shall apply mutatis mutandis to cases where the amount of dependent pension referred to in paragraph (1) applies to the annuitant. |
(3) | If a person referred to in the subparagraphs of paragraph (1) falls under any of the following cases, the person shall be excluded from the calculation of the amount of dependent pensions pursuant to paragraph (1): <Amended on Jun. 7, 2011; Mar. 20, 2018; Dec. 10, 2019> |
2. | An annuitant of a retirement pension, etc.; |
3. | An annuitant of a retirement pension for survivors, veteran's pension for survivors, disability pension for survivors, pension for wounds for survivors, survivors' pension for a public official who died in the line of duty, survivors' pension for a person who died while doing his or her job, survivors' pension for a public official who died in the line of dangerous duty, or survivor pension under the Public Officials Pension Act, the Public Officials' Accident Compensation Act, the Pension for Private School Teachers and Staff Act, the Special Post Offices Act, the Military Pension Act, or the Military Accident Compensation Act. |
(4) | No person referred to in the subparagraphs of paragraph (1) shall count in calculating the amount of dependent pension of at least two annuitants. |
(5) | If a person referred to in the subparagraphs of paragraph (1) falls under any of the following cases, the person shall be excluded from the calculation of the amount of dependent pensions: <Amended on Jun. 7, 2011; Jan. 28, 2015> |
2. | When such person's livelihood is no longer supported by the annuitant; |
3. | When such person is divorced from his or her spouse; |
4. | When such person's child is adopted by another person or the adoptive relationship is terminated; |
5. | When such person's child reaches age 19: Provided, That any child with at least a second degree disability shall be excluded herefrom; |
6. | When such person's child or parent with at least a second degree disability is no longer in such disabling condition; |
7. | When the relationship with the child born to or adopted by the spouse prior to marriage is terminated by divorce; |
8. | When the relationship between a re-married father’s or mother’s spouse and the beneficiary is terminated by divorce between the parent and his or her spouse. |
Article 53 (Maximum Amount of Pension) |
The amount of a monthly pension payment shall not exceed the largest amount among the following amounts:
1. | An amount computed by adjusting mutatis mutandis under Article 51 (2) the average of the standard monthly incomes (adjusted mutatis mutandis under Article 51 (1) 2 based on that of the year preceding the first year of receipt of pension benefits) for the last five years during which the person in receipt of the benefits was an insured person; |
2. | An amount computed by adjusting mutatis mutandis under Article 51 (2) the average of the standard monthly incomes (adjusted mutatis mutandis under Article 51 (1) 2 based on that of the year preceding the first year of receipt of pension benefits) for the participation period. |
Article 54 (Duration and Timing of Pension Benefits Payment) |
(1) | Pension benefits shall be paid beginning with the month immediately following the month in which grounds for pension benefits payment arise (where grounds for pension benefits payment arise because a lump-sum refund referred to in Article 78 (1), postponed pension premiums referred to in Article 92 (1), or pension premiums in arrears have been paid, the date on which the relevant payment is made), and ending with the month in which the date on which entitlement to benefits expires. <Amended on Dec. 31, 2011> |
(2) | Pension benefits shall be paid on 25th of each month; if the payment date falls on a Saturday or a public holiday, the payment shall be made on the date immediately preceding the date on which the payment is due: Provided, That where entitlement to pension benefits expires or pension benefits payment is suspended, pension benefits may be paid before the due date. <Amended on Dec. 31, 2011> |
(3) | If grounds for suspension of the pension benefits payment arise, no pension benefits shall be paid beginning with the month immediately following the month in which such grounds arise, and ending with the month in which such grounds cease to exist. |
Article 54-2 (Exclusive Benefit Deposit Account) |
(1) | A beneficiary may request the Service to pay benefits not exceeding the amount prescribed by Presidential Decree into a designated account in his or her name (hereinafter referred to as "exclusive benefit deposit account") pursuant to Article 58 (2), and in such cases, the Service shall deposit the benefits into the exclusive benefit deposit account. |
(2) | Notwithstanding paragraph (1), where the Service is unable to transfer benefits to the exclusive benefit deposit account due to an information and communications failure or other unavoidable reasons prescribed by Presidential Decree, it may pay benefits as prescribed by Presidential Decree, such as in cash. |
(3) | A financial institution at which the exclusive benefit deposit account is opened, shall ensure that only the benefits are paid into the exclusive benefit deposit account, and shall manage it. |
(4) | Necessary matters concerning methods and procedures for requesting under paragraph (1) and management of the exclusive benefit deposit account under paragraph (3), shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 28, 2015]
Article 55 (Unpaid Benefits) |
(1) | Where an annuitant dies, any unpaid pension benefits payable to the annuitant shall be paid at the request of his or her spouse, children, parents, grandchildren, grandparents or siblings: Provided, That unpaid benefits shall not be paid to a person falling under cases prescribed by Presidential Decree, such as running away from home and disappearance, and unpaid benefits shall be paid only to siblings whose livelihood is supported by the annuitant, as prescribed by Presidential Decree, at the time of the death of the annuitant (where he or she is declared disappeared under Article 27 (1) of the Civil Act, referring to the time at which the period of disappearance begins; where he or she is declared disappeared under paragraph (2) of the aforesaid Article, referring to the time at which the danger that causes his or her death occurs). <Amended on Dec. 31, 2011; May 29, 2016> |
(2) | The order of priority among persons to receive the benefits under paragraph (1) shall be the deceased's spouse, children, parents, grandchildren, grandparents and siblings. When two or more persons are in the same priority status, the pension benefits shall be divided and paid equally among them, and the method of payment shall be prescribed by Presidential Decree. |
(3) | A claim for unpaid benefits referred to in paragraph (1) shall be made within five years from the date on which an annuitant dies. <Added on Dec. 31, 2011> |
Article 56 (Adjustment of Overlapped Payment of Benefits) |
(1) | If an annuitant is entitled to two or more pension benefits under this Act, he or she shall be paid only one of the pension benefits at his or her choice and the payment of other benefits shall be suspended. |
(2) | Notwithstanding paragraph (1), where non-selected pension benefits under paragraph (1) fall under any of the following, the amount specified in the relevant subparagraph shall be added to the selected pension benefit in payment: <Amended on May 29, 2016> |
1. | Where the non-selected pension benefits are survivor pension benefits (excluding where the selected pension benefits are a lump-sum refund): An amount equivalent to 30/100 of the survivor pension benefits; |
2. | Where the non-selected pension benefits are a lump-sum refund (excluding where the selected pension benefits are disability pension benefits and the non-selected pension benefits include a lump-sum refund resulting from the payment of pension premiums by the person in question): An amount equivalent to the amount referred to in Article 80 (2). |
Article 57 (Recovery of Benefits) |
(1) | Where a person who has received benefits falls under any of the following cases, the Service shall recover the amount of such benefits (hereinafter referred to as "money to be recovered"), as prescribed by Presidential Decree: Provided, That where the money to be recovered is less than the amount of money prescribed by Presidential Decree, the Service shall not recover the benefits paid: |
1. | Where a person has been paid benefits by fraud or other improper means; |
2. | Where a person liable to make a report under Article 121 receives benefits erroneously because he or she has failed to report matters that should be reported under the aforesaid Article to the Service or has made a report late; |
3. | It is confirmed that a person who participates or participated in the National Pension Plan is alive after benefits, such as survivor benefits, were paid because he or she was presumed to have died pursuant to Article 15; |
4. | Where benefits were paid erroneously for any other reasons. |
(2) | In cases falling under paragraph (1) 1 and 2, the Service shall recover benefits with accrued interest prescribed by Presidential Decree added thereto: Provided, That no accrued interest shall be added in cases not attributable to an obligor for payment. |
(3) | Where a person liable to pay the money to be recovered fails to pay it by the deadline for payment, the Service shall collect arrears, by applying mutatis mutandis Article 97 (1) and (2), and in such cases, "Health Insurance Service" shall be construed as "the Service", and "pension premiums" as "amounts of recovery", respectively: Provided, That no arrears may be collected in cases of natural disasters or other unavoidable causes prescribed by Presidential Decree. |
(4) | If a person liable to pay the money to be recovered and pay arrears under paragraph (3) (hereinafter referred to as "money to be recovered, etc.") is entitled to receive other benefits or the amount of money to be recovered, such as an overpayment or erroneous payment, the Service may appropriate such benefits and money for the money to be recovered, etc. |
[This Article Wholly Amended on May 29, 2016]
Article 57-2 (Notice of, Demand for Payment of Amount of Recovery Collection of Money to Be Recovered) |
(1) | Where the Service intends to collect an amount of recovery, etc. pursuant to Article 57, it shall give notice of payment stating the amount of recovery, etc., and the deadline for payment, etc. within a specified period. In such cases, notice for payment may be given in electronic form, as prescribed by Ministerial Decree of Health and Welfare, and Article 88-2 (3) shall apply mutatis mutandis to the arrival thereof. <Amended on Dec. 31, 2011; Jan. 28, 2015; May 29, 2016> |
(2) | Where a person in receipt of notice under paragraph (1) fails to pay the amount of recovery, etc. by the specified deadline, the Service shall demand the payment by fixing a deadline, as prescribed by Presidential Decree. <Amended on May 29, 2016> |
(3) | Where a person in receipt of a demand for payment of an amount of recovery, etc. under paragraph (2) fails to pay them by the specified deadline, the Service may collect them in the same manner as delinquent national taxes are collected, after obtaining approval from the Minister of Health and Welfare. In such cases, Article 95 (6) and (7) shall apply mutatis mutandis to the collection of delinquent payments, and "Health Insurance Service" shall be construed as the "National Pension Service." <Amended on Jun. 7, 2011; Dec. 31, 2011; May 29, 2016; Dec. 11, 2018> |
[This Article Added on May 21, 2009]
[Title Amended on May 29, 2016]
Article 58 (Protection of Entitlement to Receive Benefits) |
(1) | No entitlement to receive benefits shall be transferred, seized, or provided as security. <Amended on May 29, 2016> |
(2) | No benefit paid to an annuitant, not exceeding the amount prescribed by Presidential Decree, shall be seized. |
(3) | No Benefit deposited into the exclusive benefit deposit account or claim on such benefits shall be seized. <Added on Jan. 28, 2015> |
Article 59 (Payment after Deduction of Unpaid Amounts) |
(1) | Where a currently or formerly insured who has a debt yet to be repaid related to a loan made to him or her pursuant to Article 46 acquires entitlement to benefits or dies, such debt may be deducted from the benefits to be paid under this Act (including a lump-sum death payment, but excluding benefits the payment of which has been suspended): Provided, That with respect to an annuitant of pension benefits (excluding disability pension benefits which are paid as a lump-sum compensation pursuant to Article 68 (2)) from among the benefits paid under this Act, the amount deducted shall not exceed 1/2 of the relevant monthly pension amount. |
(2) | In order to deduct a debt related to loans pursuant to paragraph (1), the Service shall issue a peremptory notice to demand reimbursement of the debt in writing, for a period of at least 20 days, and it shall notify the annuitant in advance that such debt will be deducted from the relevant benefits unless the debt is paid by the deadline. |
(3) | The amount deducted under paragraph (1) shall be regarded as having been paid to the annuitant in such amount. |
Article 60 (Exemption from Taxes and other Public Charges) |
With respect to an amount paid as benefits under this Act, taxes and other public charges of the State or a local government shall be reduced or exempted, as prescribed in the Restriction of Special Taxation Act, other Acts and subordinate statutes, or municipal ordinances of the local government.
Section 2 Old Age Pensions
Article 61 (Old Age Pension Annuitants) |
(1) | An old age pension shall be paid during the remaining lifetime to a currently or formerly insured whose participation period is at least ten years, beginning with the year he or she reaches age 60 (age 55 for employees in special occupational categories). <Amended on Dec. 31, 2011> |
(2) | Notwithstanding paragraph (1), where a currently or formerly insured whose participation period is at least ten years is aged 55 or over and is not engaged in income-earning activities prescribed by Presidential Decree, he or she may receive, if he or she so desires, a specified amount of pension (hereinafter referred to as "early old age pension") during his or her remaining lifetime from the time the person in question requests such pension, even though he or she has not reached age 60. <Amended on Dec. 31, 2011> |
Article 62 (Addition of Amount based on Postponed Payment of Pension Benefits) |
(1) | Where an annuitant of an old age pension referred to in Article 61 who is aged between 60 and under 65 (between 55 and under 60 for employees engaged in special occupational categories) wishes to postpone the payment of pension benefits, the Service may postpone the payment of all or some of the pension benefits for the period before he or she reaches age 65 (age 60 for employees engaged in special occupational categories). <Amended on Dec. 31, 2011; Jan. 28, 2015; Dec. 21, 2021> |
(2) | Where an annuitant who applied for postponement of the payment of all of pension benefits pursuant to paragraph (1) wishes to resume receiving the pension benefits, or reaches age 65 (age 60 in case of an employee in special occupational category), the amount of pension benefits payable shall be calculated by adding the amount of an old age pension (excluding the amount of dependent pensions; hereinafter the same shall apply in this Article) under Articles 63 and 66 (3) payable at the time of applying for postponement of the payment of pension benefits, as adjusted according to Article 51 (2), to an amount equivalent to 6/1000 of the said adjustment, for each month postponed. In such cases, an amount equivalent to 6/1000 shall also be adjusted pursuant to Article 51 (2). <Amended on Dec. 31, 2011; Jan. 28, 2015; Mar. 21, 2017> |
(3) | An annuitant who intends apply for postponement of the payment of some of the pension benefits pursuant to paragraph (1) may file an application for postponement of payment of any of the following amounts, out of the old age pension amount: <Added on Jan. 28, 2015> |
1. | 500/1,000 of the amount of old age pension; |
2. | 600/1,000 of the amount of old age pension; |
3. | 700/1,000 of the amount of old age pension; |
4. | 800/1,000 of the amount of old age pension; |
5. | 900/1,000 of the amount of old age pension; |
(4) | When an annuitant who has applied for postponement of the payment of some of pension benefits pursuant to paragraph (3), wishes to be paid all of the pension benefits, or reaches age 65, the amount of old age pension shall be the aggregate of the following amounts: <Added on Jan. 28, 2015> |
1. | An amount of old age pension, payment of which is not requested to be postponed, as adjusted pursuant to Article 51 (2); |
2. | An amount of old age pension obtained by adding the amount, payment of which is requested to be postponed, and which is adjusted pursuant to Article 51 (2), to the 6/1,000 of the said adjustment, for each month postponed. In such cases, the amount equivalent to 6/1,000 shall be also adjusted pursuant to Article 51 (2). |
Article 63 (Amount of Old Age Pensions) |
(1) | The amount of an old age pension referred to in Article 61 (1) shall be an amount obtained by adding the amount of dependent pensions to the following applicable amount: <Amended on Dec. 31, 2011> |
1. | Where the participation period is at least 20 years: the basic pension amount; |
2. | Where the participation period is at least 10, but less than 20 years: an amount obtained by adding an amount equivalent to 50/1000 of the basic pension amount to an amount equivalent to 500/1000 of the basic pension amount, each year exceeding the participation period of 10 years (if such period is less than one year, each month is counted as a 1/12 of a year). |
(2) | The amount of an early old-age pension shall be the amount obtained by adding the amount of dependent pensions to the old age pension whose amount shall be determined based on the participation period referred to in paragraph (1), excluding the amount of dependent pensions, multiplied by the following rates that differ by the age of a beneficiary (where the date of request falls in the month following the month in which the date on which the entitled person reaches the relevant age falls, 5/1000 shall be added each month after the month following the month to which the date on which the entitled person reaches the relevant age belongs): <Amended on Dec. 31, 2011> |
1. | 700/1,000 for commencement of receipt of pension at age 55; |
2. | 760/1,000 for commencement of receipt of pension at age 56; |
3. | 820/1,000 for commencement of receipt of pension at age 57; |
4. | 880/1,000 for commencement of receipt of pension at age 58; |
5. | 940/1,000 for commencement of receipt of pension at age 59. |
(3) | Deleted. <Dec. 31, 2011> |
Article 63-2 (Amount of Old Age Pensions Depending on Income-Earning Activities) |
Where an annuitant of old age pension under Article 61 is engaged in income-earning activities prescribed by Presidential Decree, an amount calculated by subtracting the amount based on the following classification from the amount of old age pension (excluding the amount of dependent pension; hereinafter the same shall apply in this Article) under Articles 62 (2) and (4), 63, and 66 (3) shall be paid during the period between age 60 and under age 65 (between age 55 and under age 60 for employees engaged in special occupational categories). In such cases, no deduction shall exceed half the amount of an old age pension: <Amended on Jan. 28, 2015; Mar. 21, 2017> 1. | A person whose monthly amount of excess income (referring to an amount calculated by subtracting the amount calculated pursuant to Article 51 (1) 1 from the amount of monthly income of an old age pension annuitant; hereinafter the same shall apply in this Article) is less than one million won: 50/1,000 of the amount of monthly excess income; |
2. | A person whose monthly amount of excess income is at least one million won and less than two million won: 50,000 won + (amount of monthly excess income ? one million won) × 100/1,000; |
3. | A person whose monthly amount of excess income is at least two million won and less than three million won: 150,000 won + (amount of monthly excess income ? two million won) × 150/1,000; |
4. | A person whose monthly amount of excess income is at least three million won and less than four million won: 300,000 won + (amount of monthly excess income ? three million won) × 200/1,000; |
5. | A person whose monthly amount of excess income is at least four million won: 500,000 won + (amount of monthly excess income ? four million won) × 250/1,000. |
[This Article Added on Dec. 31, 2011]
Article 64 (Annuitants of Divided Pension) |
(1) | When a person who has been married for at least five years (limited to the marriage period during which one’s spouse is under participation period, excluding the period during which a de facto marital relationship did not exist due to reasons, such as separation and disappearance from home; hereinafter the same shall apply) meets all of the following requirements, he or she may be paid a specified amount divided from an old age pension of a person who was his or her spouse in his or her lifetime (hereinafter referred to as "divided pension"), from the time of satisfying all of the following requirements: <Amended on Dec. 31, 2011; Dec. 19, 2017> |
1. | When the person has divorced his or her spouse; |
2. | When his or her former spouse is an annuitant of an old age pension; |
3. | When the person reaches age 60. |
(2) | The amount of the divided pension referred to in paragraph (1) shall be the amount obtained by equally dividing the amount of pension falling under the period of marriage out of the former spouse's amount of old age pension (excluding the amount of dependent pensions). |
(3) | A request for payment of the divided pension referred to in paragraph (1) shall be made within five years after a person meets all the requirements prescribed in paragraph (1). <Amended on Dec. 31, 2011; May 29, 2016> |
(4) | Matters necessary for the standards and methods for recognizing the marriage period under paragraph (1) shall be prescribed by Presidential Decree. <Added on Dec. 19, 2017> |
[Paragraph (1) of this Article was amended by Act No. 15267 on December 19, 2017, pursuant to the decision of unconformity with the Constitution by the Constitutional Court on December 29, 2016]
Article 64-2 (Exceptions to Payment of Divided Pension) |
(2) | Where the division of a pension is otherwise determined pursuant to paragraph (1), the rate of division, etc. shall be reported to the Service. |
(3) | Detailed matters necessary to make a report, such as methods and procedures to make a report, under paragraph (2) shall be prescribed by Ministerial Decree of Health and Welfare. |
[This Article Added on Dec. 29, 2015]
Article 64-3 (Exceptions to Demand for Divided Pension) |
(1) | Notwithstanding Article 64 (3), where a person gets a divorce before he or she reaches the age under Article 64 (1) 3, he or she may demand a divided pension (hereinafter referred to as "prior demand for a divided pension") from the time the divorce comes into effect. In such cases, he or she shall be deemed to have made a demand (limited to where he or she has made a prior demand but fails to revoke such prior demand) under Article 64 (3). |
(2) | A person shall make a prior demand for a divided pension under paragraph (1) within three years from the time the divorce comes into effect, and he or she may revoke the prior demand for the divided pension before he or she reaches the age under Article 64 (1) 3. In such cases, the prior demand for the divided pension and the revocation thereof shall be made only once, respectively. |
(3) | Even though a person makes a prior demand for a divided pension pursuant to paragraph (1), where he or she meets all the requirements under each subparagraph of Article 64 (1), the Service shall pay the divided pension. |
(4) | Detailed matters necessary to implement methods and procedures to make a prior demand for a divided pension and the revocation of the prior demand therefor under paragraphs (1) and (2). |
[This Article Added on Dec. 29, 2015]
Article 64-4 (Relinquishment of Entitlement to Receive Divided Pension) |
(1) | Where a person entitled to receive a divided pension under Article 64 (1) gets married again to a person who was his or her spouse under the aforesaid paragraph, he or she may file an application for relinquishment of his or her entitlement to receive the divided pension, as prescribed by Ministerial Decree of Health and Welfare. |
(2) | Where a person entitled to receive a divided pension files an application for relinquishment of his or her entitlement to receive the divided pension pursuant to paragraph (1), his or her entitlement to receive the divided pension shall not exist any longer on the date he or she files an application for relinquishment of his or her entitlement to receive the divided pension. |
(3) | Where an entitlement to receive a divided pension no longer exists pursuant to paragraph (2), an old-age pension before a divided pension is paid shall be paid to a spouse of a person who relinquishes his or her entitlement to receive the divided pension. |
[This Article Added on May 29, 2016]
Article 65 (Relationship between Divided Pension and Old Age Pension) |
(1) | A person's entitlement to a divided pension under Article 64 (1) shall not be affected even though his or her former spouse's entitlement to an old-age pension is suspended or terminates due to any cause attributable to his or her former spouse after the person has acquired entitlement to the divided pension. |
(2) | Notwithstanding Article 56, if a person becomes entitled to two or more divided pensions, he or she shall be paid the combined total of the two or more divided pensions: Provided, That if such person becomes entitled to two or more divided pensions and other pension benefits (excluding an old-age pension; hereafter in this paragraph the same shall apply), the two or more divided pensions shall be deemed one divided pension and he or she shall be paid either the divided pension or the other pension benefits at his or her option, and the unselected one shall not be paid. |
(3) | No annuitant of a divided pension shall be deemed an annuitant of an old age pension at the time of payment of the survivor pension under Article 72 (1). |
(4) | Where the annuitant of a divided pension becomes entitled to an old age pension, he or she shall be paid the combined total of the amount of the divided pension and the amount of the old age pension, notwithstanding Article 56. |
Article 66 (Suspension of Payment of Early Old-Age Pensions) |
(1) | If a person under age 60 who is receiving an early old-age pension under Articles 61 (2) and 63 (2) falls under any of the following, the payment of an early old-age pension during such period shall be suspended: <Amended on Dec. 31, 2011; Mar. 21, 2017> |
1. | Where he or she engages in an income-earning activity under Article 61 (2); |
2. | Where the person who receives an early old-age pension files an application for the suspension of payment of the early old-age pension though he or she does not fall under subparagraph 1. |
(2) | Where a person in whose case the payment of an early old-age pension is suspended pursuant to paragraph (1) falls under any of the following, the National Pension Service shall resume the payment of the early old-age pension: <Added on Mar. 21, 2017> |
1. | Where he or she reaches the age of 60 years; |
2. | Where a person who falls under paragraph (1) 1 does not engage in an income-earning activity under Article 61 (2) before he or she reaches the age of 60; |
3. | Where a person who falls under paragraph (1) 2 files an application for the resumption of payment of the early old-age pension in the state of not engaging in an income-earning activity under Article 61 (2) before he or she reaches the age of 60. |
(3) | Where a person in whose case the payment of an early old-age pension is suspended pursuant to paragraph (1) resumes receiving the early old-age pension pursuant to paragraph (2), the amount of the early old-age pension payable shall be as follows: <Amended on Dec. 31, 2011; Jan. 28, 2015; Mar. 21, 2017> |
1. | The amount computed by adding the amount of dependent pensions to the amount computed by multiplying the old-age pension (excluding the amount of dependent pensions) under Article 63 (1), which is calculated by aggregating the participation periods before and after the suspension of payment, by the rate computed by deducting 5/1,000 from the rate by age under Article 63 (2) applicable at the time of the resumed receipt of old-age pension, every month of the period during which the payment has been already received; |
2. | The amount of an early old-age pension before suspension, where the amount of an early old-age pension (excluding the amount of dependent pensions; hereafter in this subparagraph the same shall apply) calculated under subparagraph 1 is smaller than the amount of an early old-age pension before the suspension under paragraph (1). |
(4) | Detailed matters necessary to suspend the payment of an early old-age pension under paragraph (1) and to apply for the resumption of the payment thereof under paragraph (2) shall be prescribed by Ministerial Decree of Health and Welfare. <Added on Mar. 21, 2017> |
Section 3 Disability Pensions
Article 67 (Annuitants of Disability Pension) |
(1) | Where a person who participates or participated in the National Pension Plan has a mental or physical disability due to a disease or injury and meets all the following requirements, he or she shall be given a disability pension according to the level of disability for a period during which the disability persists from the base date the level of disability is determined (hereinafter referred to as "base date the level of disability is determined"): <Amended on May 29, 2016> |
1. | he or she shall be over the age of 18 (provided, that where he or she participated in the National Pension Plan before the age of 18, referring to the date he or she participated in the National Pension Plan) and below the age of the payment of the old-age pension at the time of the first medical examination of the relevant disease or injury; |
2. | It shall meet either of the following requirements: |
(a) | A period during which he or she has paid pension premiums at the time of the first medical examination of the relevant disease or injury shall be at least 1/3 of the participation period of National Pension Plan; |
(b) | Of the period from five years before the date of the first medical examination of the relevant disease or injury to the date of the first medical examination, a period during which he or she has paid pension premiums shall be at least three years: Provided, That the foregoing shall not apply where the period of delinquent pension premiums of the participation period of National Pension Plan is at least three years; |
(c) | The period during which he or she has participated in the National Pension Plan at the time of the first medical examination of the relevant disease or injury shall be at least 10 years. |
(2) | The base date the level of disability is determined under paragraph (1) shall be the dates prescribed by the following: <Amended on May 29, 2016> |
1. | Where the date a disease or injury is completely cured falls before one and a half years have passed from the date of the first medical examination: The date a disease or injury is completely cured; |
2. | Where the date a disease or injury is completely cured does not falls until one and a half years have passed from the date of the first medical examination: The day following the date one and a half years have passed from the date of the first medical examination; |
3. | Where a person was not eligible to receive a disability pension on the day following the date one and a half years have passed from the date of the first medical examination under subparagraph 2, but his or her disease or injury gets worse thereafter: The earlier date of the date he or she made a demand for the payment of disability pension benefits (only applicable where he or she made a demand for the payment thereof before the age in which he or she is eligible to receive old-age pension benefits under Article 61: hereinafter referred to as "date of making a demand") and the date his or her disease or injury is completely cured; |
4. | Where a disease or injury at the time a person whose entitlement to receive a disability pension has not existed any longer pursuant to Article 70 (1) acquired his or her entitlement to receive the disability pension gets worse: The earlier date of the date of making a demand and the date a disease or injury is completely cured. |
(3) | Even though a person becomes eligible for payment of disability pension benefits pursuant to paragraph (1), where he or she falls under any of the following, the Service shall not pay him or her disability pension benefits: <Amended on May 29, 2016> |
1. | Where the date of the first medical examination falls in the period during which he or she is excluded from persons eligible to participate in the National Pension Plan pursuant to the proviso of Article 6; |
2. | Where the date of the first medical examination falls in the period during which he or she emigrates overseas or loses his or her nationality; |
3. | Where he or she receives a lump-sum refund pursuant to Article 77. |
(4) | Degrees of disabilities concerning the level of disability shall be classified into the first grade, second grade, third grade, and fourth grade, and matters concerning criteria for the classification of degrees of disabilities and examination of the level of disability shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
Article 68 (Disability Pension Amount) |
(1) | The amount of a disability pension according to the degree of disability shall be as follows: |
1. | For a person with a disability in the first degree, the basic pension amount, plus a dependent pension amount; |
2. | For a person with a disability in the second degree, an amount equivalent to 800/1000 of the basic pension amount, plus a dependent pension amount; |
3. | For a person with a disability in the third degree, an amount equivalent to 600/1000 of the basic pension amount, plus a dependent pension amount. |
(2) | With respect to a person with a disability in the fourth degree, an amount equivalent to 2250/1000 of the basic pension amount shall be paid as a lump-sum compensation. |
Article 69 (Adjustment of Overlapped Disability Pension Payments) |
When an annuitant of a disability pension again becomes disabled to whom a disability pension is paid due to another disability, his or her disability pension shall be paid according to the degree of disability determined by combining the extent of both the former and latter disabilities: Provided, That if the amount of the disability pension according to the combined degrees of the former and latter disabilities is smaller than the former amount of the disability pension, the former amount of the disability pension shall be paid.
Article 70 (Changes in Amount of Disability Pension) |
(1) | If an annuitant’s degree of disability is altered as a result of a disability examination, the Service shall modify the amount of the disability pension according to the degree of disability so altered, and if the annuitant no longer qualifies as having disability, he or she shall not be entitled to the disability pension. |
(2) | If the disability of a disability pension annuitant worsens, he or she may request the Service to modify the amount of his or her disability pension. |
(3) | Where the level of disability is determined pursuant to paragraphs (1) and (2), it shall be determined based on the date a disease or injury is completely cured, and where a disease or injury is not completely cured until the date under the following classification, the level of disability shall be determined based on the relevant date: <Added on Dec. 31, 2011; May 29, 2016> |
1. | In cases falling under paragraph (1): the date prescribed by Presidential Decree, such as the last day of the month during which a cycle designated by the Service according to the probability of changes in disability degree arrives; |
2. | In cases falling under paragraph (2): the date an annuitant requests a modification to the amount of his or her disability pension. |
(4) | Paragraphs (1) and (2) shall not apply to an annuitant of a disability pension aged at least 60. <Amended on Dec. 31, 2011> |
Article 71 (Evaluation of Lump-Sum Compensation) |
When applying to an annuitant of a lump-sum compensation amount under Article 68 (2) an adjustment of overlapped payment of benefits under Article 56, an adjustment of overlapped payment of disability pensions under Article 69, a modification of the disability pension amount under Article 70, or extinctive prescription under Article 115 (1), the amount computed by dividing an amount equivalent to 400/1000 of the basic pension amount by 12 shall be deemed to have been paid for 67 months from the month following the month in which the grounds for payment of the lump-sum compensation arose.
Section 4 Survivor Pension
Article 72 (Annuitants of Survivor Pension) |
(1) | If any of the following persons dies, survivor pension benefits shall be paid to his or her surviving family: <Amended on May 29, 2016> |
1. | An annuitant of an old-age pension; |
2. | A person who participates or participated in the National Pension Plan for at least ten years; |
3. | A person who participates or participated in the National Pension Plan, who has paid pension premiums for a period at least 1/3 of the participation period of National Pension Plan; |
4. | A person who participates or participated in the National Pension Plan, in whose case the period during which he or she has paid pension premiums of the period from the five years before the date of his or her death to the date of his or her death is at least three years: Provided, That the foregoing shall not apply to a person who has not paid pension premiums for at least three years of the participation period of National Pension Plan; |
5. | An annuitant of a disability pension, whose degree of disability is at least the second grade. |
(2) | Notwithstanding paragraph (1), where a person who falls under subparagraph 3 or 4 of the aforesaid paragraph dies during the following period, the Service shall not pay survivor benefits: <Amended on May 29, 2016> |
1. | Period during which he or she is excluded from persons eligible for participation in the National Pension Plan under the proviso of Article 6; |
2. | Period during which he or she emigrates overseas or loses his or her nationality. |
Article 73 (Scope of Survivors) |
(1) | Survivors entitled to a survivor pension shall be the following persons whose livelihood is supported by a person under each subparagraph of Article 72 (1) at the time the person dies (where he or she is declared disappeared under Article 27 (1) of the Civil Act, referring to the time at which the period of disappearance begins; where he or she is declared disappeared under paragraph (2) of the aforesaid Article, referring to the time at which the danger that causes his or her death occurs). In such cases, the criteria for recognition of persons whose livelihood is supported by a person who participates or participated in the National Pension Plan shall be prescribed by Presidential Decree: <Amended on Dec. 31, 2011; May 29, 2016> |
2. | Child: Provided, That such is limited to a child under the age of 25, or a child whose level of disability is at least the second grade; |
3. | Parent (including the parent of a spouse; hereafter in this Section the same shall apply): Provided, That such is limited to a parent who is aged 60 or older, or a parent with at least a second degree disability; |
4. | Grandchild: Provided, That such is limited to a grandchild under age 19, or a grandchild with at least a second degree disability; |
5. | Grandparent (including the grandparent of a spouse; hereafter in this Section the same shall apply): Provided, That such is limited to a grandparent who is aged 60 or older, or a grandparent with at least a second degree disability. |
(2) | A survivor pension shall be paid only to the highest-ranked person in order of priority as provided for in the subparagraphs of paragraph (1): Provided, That if the survivor’s entitlement to survivor pension referred to in paragraph (1) 1 expires pursuant to Article 75 (1) 1 and 2 or is suspended pursuant to Article 76 (1) and (2), the survivor pension shall be paid to the survivor referred to in paragraph (1) 2. <Amended on Dec. 31, 2011; Dec. 21, 2021> |
(3) | If two or more survivors fall within the same ranking in order of priority in case of paragraph (2), the survivor pension shall be equally divided among such survivors, and the method of payment shall be prescribed by Presidential Decree. |
Article 74 (Amount of Survivor Pensions) |
The amount of a survivor pension shall be any of the following amounts depending on the participation period, plus a dependent pension amount; provided, a survivor pension amount payable, where an annuitant of an old age pension dies, shall not exceed the old age pension amount received by the deceased:
1. | For a participation period less than 10 years, an amount equivalent to 400/1,000 of the basic pension amount; |
2. | For a participation period ranging from 10 to less than 20 years, an amount equivalent to 500/1,000 of the basic pension amount; |
3. | For a participation period of 20 years or more, an amount equivalent to 600/1,000 of the basic pension amount. |
Article 75 (Termination of Entitlement to Survivor Pensions) |
(1) | If an annuitant of a survivor pension falls under any of the following cases, his or her entitlement thereto shall terminate: <Amended on Dec. 31, 2011; May 29, 2016; Oct. 24, 2017> |
1. | When an annuitant dies; |
2. | When an annuitant who is a spouse remarries; |
3. | When the adoption of an annuitant who is a child or grandchild is dissolved; |
4. | When an annuitant who is a child and does not fall under the second disability grade or higher grade reaches the age of 25 or who is a grandchild and does not fall under the second disability grade or higher grade reaches the age of 19; |
5. | Deleted. <Oct. 24, 2017> |
(2) | A parent, grandchild, or grandparent’s entitlement to a survivor pension shall terminate if a fetus of a currently or formerly insured is born at the time the currently or formerly insured dies, acquiring entitlement to a survivor pension. <Amended on Jan. 28, 2015> |
Article 76 (Suspension of Payment of Survivor Pension) |
(1) | With respect to a spouse who is the annuitant of a survivor pension, the survivor pension shall be paid for three years from the time the spouse becomes entitled to such pension and then suspended until the spouse reaches the age of 55: Provided, That if the annuitant falls under any of the following, the payment of such pension shall not be suspended: <Amended on Jan. 28, 2015; May 29, 2016> |
1. | Where the level of his or her disability is at least the second grade; |
2. | Where he or she supports the livelihood of children under the age of 25 or a child with the second grade disability or higher grade of a person who participates or participated in the National Pension Plan; |
3. | Where he or she is not engaged in income-earning activities prescribed by Presidential Decree. |
(2) | When the whereabouts of a spouse who is the annuitant of a survivor pension remain unknown for at least one year, the amount of the survivor pension payable to him or her for the period during which his or her whereabouts is unknown shall be suspended at the request of the child who is a survivor. |
(3) | Where two or more annuitants of a survivor pension exist other than the spouse, and whereabouts of one of them remain unknown for at least one year, the payment of the survivor pension payable to him or her for the period in which his or her whereabouts are unknown shall be suspended at the request of the other annuitants of the survivor pension. |
(4) | Where the whereabouts of a person to whom the payment of a survivor pension is suspended pursuant to paragraphs (2) and (3) are confirmed, the suspension of the payment shall be lifted at the request of the person in question. |
(5) | When the annuitant who is a child or grandchild is adopted by another person, the National Pension Service shall suspend the payment of a survivor pension from the time he or she is adopted by another person. <Added on Oct. 24, 2017> |
(6) | Where the adoption of a person in whose case the National Pension Service has suspended the payment of a survivor pension pursuant to paragraph (5) is dissolved, the National Pension Service shall cancel the suspension of payment at the request of the person himself/herself from the time the adoption of the person is dissolved. <Added on Oct. 24, 2017> |
(7) | Where a person who is entitled to receive benefits due to a disability no longer has a disability in the second degree or higher, the National Pension Service shall suspend the payment of a survivor pension from that time. <Added on Oct. 24, 2017> |
(8) | Where a person in whose case the National Pension Service suspends the payment of a survivor pension pursuant to paragraph (7) has a disability in the second degree or higher because his or her disease or injury deteriorates, the National Pension Service shall cancel the suspension of the payment thereof at the request of the person himself/herself from the time he or she disability falls under the second degree or higher. <Added on Oct. 24, 2017> |
(9) | Notwithstanding paragraphs (2) and (3), in cases prescribed by Presidential Decree, such as where the whereabouts of an annuitant of a survivor pension is unknown for at least one year and no person is able to file an application for suspension of payment under paragraphs (2) and (3), the payment of the survivor pension may be suspended. <Added on Dec. 21, 2021> |
(10) | Article 86-2 (2) and (3) shall apply mutatis mutandis to the revocation of suspension of payment and payment subsequent thereto under paragraph (9). <Added on Dec. 21, 2021> |
[Title Amended on Oct. 24, 2017]
Section 5 LUMP-SUM REFUNDS
Article 77 (Lump-Sum Refunds) |
(1) | Where a person who participates or participated in the National Pension Plan falls under any of the following cases, he or she may receive a lump-sum refund at the request of the person himself/herself or his or her survivors: <Amended on May 29, 2016> |
1. | When a person who has participated in the National Pension Plan for less than ten years reaches the age of 60; |
2. | When a person who participates or participated in the National Pension Plan dies: Provided, That the foregoing shall not apply where survivor benefits are paid pursuant to Article 72; |
3. | When the person loses his or her nationality or emigrates overseas. |
(2) | The amount of a lump-sum refund under paragraph (1) shall be the amount of pension premiums paid by a currently or formerly insured (including the employer contribution in cases of a currently or formerly workplace-based insured person) plus interest prescribed by Presidential Decree. |
(3) | Where the payment of a lump-sum refund is claimed pursuant to paragraph (1), Article 73 shall apply mutatis mutandis to the scope of survivors, the order of claim priority, etc. |
Article 78 (Repayment of Lump-Sum Refunds and Participation Period) |
(1) | A person who re-acquires the status of an insured person after he or she is paid a lump-sum refund pursuant to Article 77 may repay the lump-sum refund to the Service, adding to it interest as prescribed by Presidential Decree (hereinafter referred to as "repayment of a lump-sum refund"). |
(2) | The repayment of a lump-sum refund may be made in installments, as prescribed by Presidential Decree. In such cases, interest prescribed by Presidential Decree shall apply thereto. |
(3) | Where the repayment of a lump-sum refund is made pursuant to paragraphs (1) and (2), the period corresponding to it shall be included in the participation period. |
(4) | Necessary matters concerning the repayment of a lump-sum refund, such as application for the repayment of the lump-sum refund, repayment method and deadline under paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
Article 79 (Termination of Entitlement to Lump-Sum Refund) |
Entitlement to a lump-sum refund shall terminates under any of the following circumstances:
1. | When an annuitant becomes insured again; |
2. | When an annuitant acquires entitlement to an old age pension; |
3. | When an annuitant acquires entitlement to a disability pension; |
4. | When an annuitant’s survivor acquires entitlement to a survivor pension. |
Article 80 (Lump-Sum Death Payment) |
(1) | When any of the following persons dies and there are no survivors under Article 73, a lump-sum death payment shall be made to the deceased's spouse, children, parents, grandchildren, grandparents, siblings, or first cousins or closer collateral blood relatives: Provided, That such payment shall not be made to a person in the cases prescribed by Presidential Decree, such as abscondence from home and disappearance, and such payment shall be made to a first cousin or closer collateral blood relative if his or her livelihood is supported by any of the following persons at the time of his or her death (where he or she is declared disappeared under Article 27 (1) of the Civil Act, referring to the time at which the period of disappearance begins; where he or she is declared disappeared under paragraph (2) of the same Article, referring to the time at which the peril that is the cause of his or her death occurs), as prescribed by Presidential Decree. <Amended on Dec. 31, 2011; May 29, 2016; Dec. 29, 2020> |
1. | A currently or formerly insured person; |
2. | An old-age pension annuitant; |
3. | A disability pension annuitant with at least a third degree disability. |
(2) | The lump-sum death payment under paragraph (1) shall be the following amounts: <Amended on Dec. 29, 2020> |
1. | In cases falling under paragraph (1) 1: An amount equivalent to lump sum refund payable to the currently or former insured person: Provided, That the amount of lump-sum death payment shall not exceed four times the larger of the amount obtained by converting the final standard monthly income earned by the currently or formerly insured person who dies, into the current value as of the year immediately preceding the year in which the date of death falls, based on the annual reevaluation rate under Article 51 (1) 2 or the amount obtained by averaging the standard monthly income during the period of enrollment computed in a manner that corresponds to that under the same subparagraph; |
2. | In cases falling under paragraph (1) 2 or 3: Where the amount of pension paid to the annuitant until he or she dies is less than the amount calculated by applying mutatis mutandis subparagraph 1 (in such cases, "currently or formerly insured person" shall be construed as "an old-age pension annuitant or disability pension annuitant with at least a third decree disability"), the amount equivalent to the difference. |
(3) | Where both paragraph (2) 1 and 2 are applicable, subparagraph 2 shall apply. <Added on Dec. 29, 2020> |
(4) | The deceased’s spouse shall be given first priority in receiving a lump-sum death payment under paragraph (1), followed by children, parents, grandchildren, grandparents, siblings and first cousins or closer collateral blood relatives. In such cases, when at least two persons are in the same order of priority, the payment shall be equally divided among such persons, and the method of payment shall be prescribed by Presidential Decree. <Amended on Dec. 29, 2020> |
Article 81 (Relationship between Survivor Pension Payments and Lump-Sum Death Payments) |
With respect to the annuitant of a survivor pension under Article 73 (1) 2 and 4, when the amount of the survivor pension paid until entitlement to the survivor pension terminates under Article 75 (1) 4 is smaller than the lump-sum death payment calculated under Article 80 (2), the difference shall be paid in the form of a lump sum payment.
Section 6 RESTRICTIONS ON PAYMENT OF BENEFITS
Article 82 (Restrictions on Payment of Benefits) |
(1) | Where a person who participates or participated in the National Pension Plan intentionally brings about a disease or injury, or an accident caused thereby and suffers from a disability resulting from such disease, injury or accident, the payment of a disability pension paid on grounds of such disability may be denied. |
(2) | If a person who participates or participated in the National Pension Plan falls under any of the following cases due to his or her failure to comply with medical treatment instructions intentionally or by gross negligence or his or her failure to comply with medical treatment instructions without any justifiable reason, the benefits to be paid on the basis of such cause may be denied in whole or in part, as prescribed by Presidential Decree: |
1. | Where the person is disabled or deceased; |
2. | Where the person brings about an accident which is the cause of a disability or death; |
3. | Where the person aggravates his or her disability or impairs his or her recovery. |
(3) | The Service shall not pay survivor benefits, unpaid benefits, a lump sum refund, and lump sum death payment (hereinafter referred to as "survivor benefits, etc.") following the death to any of the following persons: <Added on May 29, 2016> |
1. | A surviving family who intentionally killed a person who participates or participated in the National Pension Plan; |
2. | A surviving family who intentionally killed a person who may become an annuitant of survivor benefits, etc.; |
3. | An annuitant of survivor benefits, etc. who intentionally killed an annuitant of other survivor benefits, etc. |
Article 83 (Restriction on Modification of Disability Pension Amount) |
Where an annuitant of a disability pension aggravates his or her disability or impairs his or her recovery by failing to comply with medical treatment instructions intentionally or by gross negligence, or by failing to comply with medical treatment instructions without any justifiable reason, modifications to the amount of the disability pension pursuant to Article 70 may be denied.
Article 84 Deleted. <May 29, 2016> |
Article 85 Deleted. <May 29, 2016> |
Article 86 (Suspension of Payment) |
(1) | If an annuitant falls under any of the following subparagraphs, the payment of benefits may be suspended in whole or in part: |
1. | When an annuitant fails to comply with a demand of the Service for submission of documents and other materials under Article 122 (1) without any justifiable reason; |
2. | When an annuitant of a disability pension or survivor pension fails to comply with a demand or verification of the Service under Article 120 without any justifiable reason; |
3. | When an annuitant of a disability pension impairs his or her recovery by failing to comply with medical treatment instructions intentionally or by gross negligence or where he or she fails to comply with medical treatment without any justifiable reason; |
4. | When an annuitant fails to file a report under Article 121 (1) without good cause. |
(2) | Where a suspension of payment of benefits under paragraph (1) is sought, such payment may be temporarily halted prior to the suspension of payment, as prescribed by Presidential Decree. |
Article 86-2 (Suspension of Payment for Persons Whose Whereabouts Are Unknown) |
(1) | Where the whereabouts of an annuitant (excluding an annuitant of a survivor pension; hereafter in this Article, the same shall apply) is unknown for at least one year, the payment of benefits under this Act may be suspended. |
(2) | Where the whereabouts of an annuitant whose payment of benefits was suspended under paragraph (1) is located or where he or she is confirmed dead, the suspension of payment shall be revoked. |
(3) | Where the suspension of payment is revoked pursuant to paragraph (2), an annuitant shall be paid benefits that have not been paid during the period of suspension of payment (referring to a person entitled to unpaid benefits in accordance with the claim procedure under Article 55, if the annuitant is dead). |
(4) | Matters necessary for the suspension of benefits under paragraph (1), the revocation of suspension of payment under paragraph (2), the standards for payment of unpaid benefits, etc. under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 21, 2021]
CHAPTER V FINANCIAL RESOURCES AND COLLECTION OF PENSION PREMIUMS
Article 87 (Expenses Paid from National Treasury) |
The State shall annually pay the expenses of the Service and the Health Insurance Service in whole or in part which are needed for the management and operation of national pension services. <Amended on May 21, 2009>
Article 88 (Imposition and Collection of Pension Premiums) |
(1) | The Minister of Health and Welfare shall entrust the matters prescribed by this Act concerning the collection of pension premiums among national pension services to the Health Insurance Service. <Added on May 21, 2009; Jun. 7, 2011> |
(2) | The Service shall impose pension premiums on insured persons and employers each month during their participation periods to cover the costs of national pension services rendered, and the Health Insurance Service shall collect such pension premiums. <Amended on May 21, 2009> |
(3) | Out of the pension premium of a workplace-based insured person, the employee contribution shall be borne by the workplace-based insured person and the employer contribution by the employer; each amount shall be equal to 45/1,000 of the standard monthly income. <Amended on May 21, 2009> |
(4) | The pension premiums of an individually insured person, voluntarily insured person, and voluntarily and continuously insured person shall be borne by the individually insured person, voluntarily insured person, and voluntarily and continuously insured person, respectively, and the amount of the pension premiums shall be equal to 90/1000 of the standard monthly income. <Amended on May 21, 2009> |
(5) | Where the Service has to collect additional pension premiums by re-calculating the initially assessed amount in order to make corrections to the standard monthly income, etc., it may allow an insured person or employer to pay the additional pension premiums in installments. In such cases, matters necessary for payment of pension premiums in installments, such as those eligible for filing an application for payment in installments, installment payment methods and deadlines, shall be prescribed by Presidential Decree. <Added on Jun. 7, 2011> |
[Title Amended on May 21, 2009]
Article 88-2 (Notice of Payment) |
(1) | When the Health Insurance Service has imposed pension premiums under Article 88, the Health Insurance Service shall notify an obligor for payment in writing stating the pension premium amount, payment deadline, place of payment, etc.: Provided, That where such payment is made by automatic transfer under Article 89 (4) for a certain period, such notice may be omitted for such period. <Amended on Dec. 29, 2020> |
(2) | Upon the application of an obligor for payment, the Health Insurance Service may provide notice of payment under the main clause of paragraph (1) by an electronic document according to an electronic document exchange system, etc. In such cases, the method to apply for such electronic notice, procedure therefor, and other necessary matters shall be prescribed by Ministerial Decree for Health and Welfare. <Amended on Jan. 18, 2010> |
(3) | Where the Health Insurance Service has notified by an electronic document pursuant to paragraph (2), such notice shall be deemed to have reached an obligor for payment at the time the electronic document is stored at an information and communication network prescribed by Ministerial Decree for Health and Welfare or is delivered to an electronic mail address designated by the obligor for payment. <Amended on Jan. 18, 2010> |
(4) | Notice given to one of the joint obligors for payment of pension premiums as prescribed in Article 90 (3) shall be effective for the other obligor joint obligor. |
(5) | Where a person liable to make a second payment under Article 90-2 is liable to make a payment, the National Health Insurance Service shall notify the relevant person to make the payment; where it has notified him or her to make the payment, it shall notify an employer who is the relevant corporation and a person who has transferred business of the fact. In such cases, paragraphs (1) through (3) shall apply mutatis mutandis to matters concerning the methods of giving notice for payment, delivery of notice, etc. <Added on Jun. 22, 2015> |
[This Article Added on May 21, 2009]
Article 89 (Payment Deadline of Pension Premiums) |
(1) | Pension premiums shall be paid by an obligor for payment by no later than the 10th day of the month following the month for which the pension premium is assessed: Provided, That a person who runs or is engaged in an agriculture, forestry, livestock farming or fishery business as prescribed by Presidential Decree (hereinafter referred to as "farmers and fishers") may pay his or her pension premiums on a quarterly basis by the 10th day of the month following the relevant quarter at his or her application. |
(2) | Where a pension premium is paid at least one month prior to the payment deadline, it shall be deemed paid on the date following the pension premium payment deadline of the previous month. |
(3) | Where an obligor for payment pays a pension premium in advance of its due date, the period, the amount to be reduced, etc. shall be prescribed by Presidential Decree. |
(4) | Where an obligor for payment pays a pension premium by automatic transfer from an account or automatic payment by credit card, such person may be granted a reduction in the amount of pension premium or provided with other financial benefits, as prescribed by Presidential Decree. <Amended on May 21, 2009; Dec. 29, 2020> |
(5) | Notwithstanding paragraph (1), the Health Insurance Service may, on grounds determined by Ministerial Decree of Health and Welfare, such as delayed service of notice, extend the payment deadline within a range of one month from the payment deadline under paragraph (1). <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010> |
(6) | A person who intends to extend a payment deadline pursuant to paragraph (5) shall apply for an extension of the payment deadline to the Health Insurance Service, as prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010> |
Article 90 (Payment of Withheld Pension Premiums) |
(1) | Every employer shall deduct an employee contribution payable by a workplace-based insured person from the monthly wage payable to such employee and pay it. In such cases, where some of the pension premiums of workplace-based insured persons are supported pursuant to Article 100-3 (1), the employer shall deduct an amount obtained by subtracting the amount supported to the employee contribution of the pension premiums supported from the employee contribution payable by a workplace-based insured person. <Amended on May 21, 2009; May 29, 2016> |
(2) | When an employer deducts an employee contribution from the employee's wage pursuant to paragraph (1), he or she shall prepare a deduction statement and present it to the relevant workplace-based insured person, as prescribed by Ministerial Decree of Health and Welfare. In such cases, a pay slip, etc. stating the details of deduction of the employee contribution, shall be deemed a deduction statement. <Amended on Jun. 7, 2011; Jan. 28, 2015> |
(3) | Where there are two or more employers at a workplace which is not a corporation, the employers in such workplace shall be jointly liable for paying pension premiums of workplace-based insured persons and other dues. <Added on May 21, 2009> |
(4) | Where an employer fails to pay pension premiums under paragraph (1), the Health Insurance Service shall notify the employee of the default on payment by the workplace, as prescribed by Ministerial Decree of Health and Welfare. <Added on Jul. 27, 2021> |
(5) | The Health Insurance Service shall use text messages, e-mails, and other means prescribed by Ministerial Decree of Health and Welfare to give additional notification of the default on payment under paragraph (4). <Added on Jul. 27, 2021> |
[Title Amended on May 21, 2009]
Article 90-2 (Liability to Make Second Payment) |
(1) | Where it is insufficient though a corporation has appropriated its assets for pension premiums it should have paid, arrears and expenses incurred in collecting delinquent pension premiums, partners with unlimited liability or oligopolistic shareholders (referring to persons falling under any subparagraph of Article 39 of the Framework Act on National Taxes) as of the date liability to pay pension premiums is imposed on the relevant corporation shall be liable to make a second payment for the insufficient amount of money: Provided, That in cases of an oligopolistic shareholder, the amount obtained by multiplying the amount obtained by dividing the insufficient amount of money by the total number of issued shares (excluding shares without the voting right) or the total amount of investment of the corporation by the number of shares (excluding shares without the voting right) or the amount of investment over which the relevant oligopolistic shareholder substantially exercises his or her right to control shall be the limits of his or her liability to make a second payment. |
(2) | Where it is insufficient though a transferor has appropriated his or her assets for pension premiums which he or she is liable to pay, arrears and expenses incurred in collecting delinquent pension premiums before the date of transfer where business is transferred or obtained by transfer, a transferee of business shall be liable to make a second payment for the insufficient amount of money to the extent of the value of assets he or she has obtained by transfer. In such cases, the range of a transferee and the value of assets the transferee obtains by transfer shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 22, 2015]
[Previous Article 90-2 moved to Article 90-3 <Jun. 22, 2015>]
Article 90-3 (Payment of Pension Premiums by Credit Card) |
(1) | A person liable for payment may pay pension premiums, arrears, expenses for disposition on default, and other dues (hereafter in this Article referred to as "pension premiums, etc.") by credit card, debit card, etc. (hereafter in this Article referred to as "credit card, etc.") via an institution, etc. prescribed by Presidential Decree to pay pension premiums, etc. (hereafter in this Article referred to as "agency of payment of pension premiums, etc.") on his or her behalf. <Amended on Mar. 21, 2017> |
(2) | Where pension premiums, etc. are paid by credit card, etc., the date of approval by an agency of payment of pension premiums, etc. shall be deemed the date of payment. |
(3) | An agency of payment of pension premiums, etc. may collect a commission from the obligor for payment in return for paying the pension premiums, etc. on his or her behalf. |
(4) | Necessary matters concerning the designation and operation of an agency of payment of pension premiums, etc. and commissions, etc. shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 28, 2015]
[Moved from Article 90-2 <Jun. 22, 2015>]
Article 91 (Exceptions to Payment of Pension Premiums) |
(1) | If a workplace-based insured person or an individually insured person is unable to pay pension premiums for any of the following causes, an obligor for payment may elect not to pay pension premiums for the period in which such cause continues to exist, as prescribed by Presidential Decree: <Amended on Dec. 21, 2007> |
1. | Suspension of business, unemployment or temporary retirement; |
6. | A person’s whereabouts is unknown for less than one year. In such cases, the criteria and method to determine a person’s whereabouts is unknown shall be prescribed by Presidential Decree; |
7. | Decrease in income due to a disaster, accident, etc., or failure to engage in income-earning activities, as prescribed by Presidential Decree. |
(2) | The period in which pension premiums are not paid under paragraph (1) shall be not included in calculating the participation period. |
Article 92 (Deferred Payment of Pension Premiums) |
(1) | An insured person may apply for deferred payment of pension premiums (hereinafter referred to as "postponed pension premiums") covering all or part of any of the following periods not exceeding 10 years: <Amended on Oct. 24, 2017; Dec. 29, 2020; Mar. 28, 2023> |
1. | Period during which he or she has failed to pay pension premiums pursuant to subparagraph 1, 4, or 5 of Article 9 after he or she paid pension premiums for the first time; |
1-2. | Period during which an employee under the age of 18 has failed to pay pension premiums pursuant to the main clause of Article 8 (2) after the first payment of pension premiums under the main clause of Article 8 (2); |
2. | Period during which he or she did not pay pension premiums pursuant to Article 91 (1); |
3. | Period during which he or she performed compulsory military service, in which case he or she acquires the pension eligibility to the National Pension Plan after he or she completed compulsory military service under Article 3 of the Military Service Act: Provided, That any of the following periods shall be excluded: |
(c) | Period during which he or she fulfilled his or her military service before January 1, 1988. |
(2) | Where a person receives pension premiums which he or she has paid as a lump sum refund, notwithstanding paragraph (1) 1 and 1-2, he or she shall not be deemed to have paid pension premiums for the period corresponding to the period during which he or she has paid pension premiums: Provided, That the foregoing shall not apply where he or she repays a lump sum refund which he or she has received as a repayment of the lump sum refund pursuant to Article 78. <Added on Oct. 24, 2017; Mar. 28, 2023> |
(3) | Postponed pension premiums shall be the amount obtained by multiplying the pension premium of the month to which the date of filing an application for deferred payment belongs by the number of months of the period during which he or she makes deferred payments: Provided, That where a voluntarily insured person applies for deferred payment, the upper limits of pension premiums for the calculation of postponed pension premiums shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2017> |
(4) | Postponed pension premiums may be paid in installments, as prescribed by Presidential Decree. In such cases, interest as prescribed by Presidential Decree shall be added thereto. <Amended on Oct. 24, 2017> |
(5) | Where a person pays pension premiums later, the period corresponding to such postponed pension premiums shall be included in the participation period of National Pension Plan based on the deferred payment date of pension premiums pursuant to paragraph (1). In such cases, the basic amount of pension for the participation period of National Pension Plan, which is included following the deferred payment, shall be calculated based on the month of the deferred payment date of pension premiums. <Amended on Oct. 24, 2017> |
(6) | In addition to matters provided for in paragraphs (1) through (5), necessary matters concerning the filing of an application for, methods of, the deadline for payment of postponed pension premiums shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2017> |
[This Article Wholly Amended on May 29, 2016]
Article 93 Deleted. <Jan. 28, 2015> |
Article 94 (Advance Collection of Pension Premiums from Workplace-based and Individually Insured Persons) |
If an obligor for the payment of pension premiums of workplace-based insured persons or an individually insured person falls under any of the following cases, the pension premiums may be collected in advance of the normal payment deadline (where the payment deadline has been extended under Article 89 (5), the foregoing shall refer to such payment deadline): 1. | When such person is subject to a disposition on default for failure to pay a national tax, local tax, or any other public charge in arrear; |
2. | When such person is subject to compulsory execution; |
3. | When such person is declared bankrupt; |
4. | When a public auction is commenced; |
5. | When a corporation is dissolved. |
Article 95 (Demand for Payment of Pension Premiums and Dispositions against Default) |
(1) | If a workplace-based insured person or an individually insured person fails to pay pension premiums and related dues under this Act by the payment deadline (referring to the extended payment deadline if the payment deadline has been extended pursuant to Article 89 (5)) or a person liable to make a second payment under Article 90-2 fails to pay pension premiums, arrears, and expenses incurred in collecting delinquent pension premiums by the deadline for payment, the Health Insurance Service shall demand such payment by fixing a deadline, as prescribed by Presidential Decree. <Amended on May 21, 2009; Jun. 22, 2015> |
(2) | The Health Insurance Service shall issue a reminder, by fixing a deadline of at least ten days, when demanding payment under paragraph (1). <Amended on May 21, 2009> |
(3) | A demand made to one of the persons jointly liable to pay pension premiums pursuant to Article 90 (3) shall also apply to the other persons jointly liable for payment. <Added on May 21, 2009> |
(4) | If a person in receipt of demand under paragraph (1) fails to pay pension premiums or related dues by the payment deadline, the Health Insurance Service may collect such pension premiums and related dues in the same manner as delinquent national taxes are collected, after obtaining approval from the Minister of Health and Welfare. In such cases, where the collected amount falls short of pension premiums in arrears and related dues, the Health Insurance Service shall appropriate such collected amount for pension premiums in arrears and related dues, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010; Jan. 28, 2015> |
(5) | The Health Insurance Service shall send a notification including the detailed statement of delinquent pension premiums, the type of attachable property, and the fact that attachment will be expected, as well as the fact that small financial assets shall be non-attachable under subparagraph 18 of Article 41 of the National Tax Collection Act before taking a disposition on delinquency pursuant to paragraph (4): Provided, That the same shall not apply to cases prescribed by Presidential Decree, where there is a need to urgently take a disposition on delinquency, such as the dissolution of a corporation. <Added on Dec. 11, 2018; Dec. 29, 2020> |
(6) | If the Health Insurance Service deems that the sale of the property seized in the same manner as delinquent national taxes are collected under paragraph (4) requires expert knowledge, or the direct sale of such property by the Health Insurance Service is inappropriate due to other special circumstances, it may require the Korea Asset Management Corporation established under the Act on the Establishment of Korea Asset Management Corporation (hereinafter referred to as the "Korea Asset Management Corporation") to sell such property as proxy, as prescribed by Presidential Decree. In such cases, a sale conducted by the Korea Asset Management Corporation shall be deemed a sale conducted by the Health Insurance Service. <Amended on May 21, 2009; Jan. 18, 2010; May 19, 2011; Dec. 11, 2018; Nov. 26, 2019> |
(7) | Where the Korea Asset Management Corporation conducts a sale by proxy under paragraph (5), the Health Insurance Service may pay commission, as prescribed by Ministerial Decree for Health and Welfare. <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010; Dec. 11, 2018> |
Article 95-2 (Certification of Payment of Pension Premiums) |
(1) | Where a person liable to pay pension premiums (hereafter in this Article referred to as "person liable to pay") under Article 88 is paid the price for a contract prescribed by Presidential Decree, such as construction, manufacture, purchase, or service, by the State, a local government, or public institution under Article 4 of the Act on the Management of Public Institutions, he or she shall certify the fact that he or she has paid pension premiums, arrears, and expenses incurred in collecting delinquent pension premiums (hereafter in this Article referred to as "pension premiums, etc."): Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree, such as where the person liable to pay intends to pay all or some of the contract price for delinquent pension premiums. |
(2) | Where a person liable to pay should certify the fact that he or she has paid pension premiums, etc. pursuant to paragraph (1), confirmation by a government agency or public institution in charge of a contract under paragraph (1) as to whether he or she has paid pension premiums, etc. by making inquiry to the National Health Insurance Service with his or her consent may take the place of the certification of payment under paragraph (1). |
[This Article Added on Jun. 22, 2015]
[Previous Article 95-2 moved to Article 95-3 <Jun. 22, 2015>]
Article 95-3 (Payment of Pension Premiums in Arrears in Installments) |
(1) | The Health Insurance Service may approve payment of pension premiums in installments for individually insured persons who have failed at least twice to pay pension premiums, as prescribed by Ministerial Decree of Health and Welfare. |
(2) | Before taking a disposition on delinquency pursuant to Article 95 (4), the Health Insurance Service shall notify individually insured persons who have failed at least twice to pay pension premiums that they can apply for payment of pension premiums in installments under paragraph (1), and inform them about the procedures, methods, etc. for applying for payment in installments, as prescribed by Ministerial Decree of Health and Welfare. <Added on Dec. 11, 2018> |
(3) | Where a person approved to pay pension premiums in installments pursuant to paragraph (1) fails at least twice to pay the approved pension premiums without good cause, the Health Insurance Service shall revoke such approval. <Amended on Dec. 11, 2018> |
(4) | Necessary matters concerning procedures, methods, criteria, etc. for approval and revocation of payment of pension premiums in installments shall be prescribed by Ministerial Decree of Health and Welfare. <Amended on Dec. 11, 2018> |
[This Article Added on Jan. 28, 2015]
[Moved from Article 95-2 <Jun. 22, 2015>]
Article 95-4 (Provision of Materials regarding Delinquencies) |
(1) | Where necessary for collecting insurance premiums or for achieving public interests objectives, the Health Insurance Service may provide the Committee for Centralized Management of Credit Information under Article 25 (2) 1 of the Credit Information Use and Protection Act with data on the personal details and the delinquent amount of the employer (hereafter in this Article referred to as "materials regarding delinquencies") whose sum of insurance premiums which are at least one year past due date from the date following the payment deadline under this Act, resulting delinquent amount, and expenses for disposition on delinquency collectable under this Act exceeds five million won: Provided, That this shall not apply where an administrative appeal, administrative litigation, request for examination, or request for re-examination under this Act is pending in connection with the insurance premiums in arrears, or where other grounds prescribed by Presidential Decree exist. |
(2) | Matters regarding the procedures, methods, etc. for providing materials on delinquencies shall be prescribed by Presidential Decree. |
(3) | No person who is provided with materials regarding delinquencies under paragraph (1) shall disclose or use them for purposes other than the performance of his or her duties. |
[This Article Added on Dec. 29, 2020]
Article 96 (Service of Documents) |
(1) | Where an obligor for the payment of pension premiums fails to pay the pension premiums by the payment deadline (where the payment deadline is extended pursuant to Article 89 (5), the foregoing shall refer to such payment deadline), the National Health Insurance Service shall collect arrears in the amount equivalent to 1/1,500 of delinquent pension premiums added whenever each one day elapses from the date the deadline for payment elapses. In such cases, arrears shall not exceed 20/1,000 of the delinquent pension premiums. <Amended on May 21, 2009; Jun. 22, 2015; Jan. 21, 2020> |
(2) | If an obligor for the payment of pension premiums fails to pay the delinquent pension premiums, the National Health Insurance Service shall collect arrears under paragraph (1) plus an amount equivalent to 1/6,000 of delinquent pension premiums whenever each one day elapses from the date 30 days elapse after the deadline for payment. In such cases, the sum of arrears shall not exceed an amount equivalent to 50/1,000 of delinquent pension premiums. <Amended on May 21, 2009; Jun. 22, 2015; Jan. 21, 2020> |
(3) | Notwithstanding paragraphs (1) and (2), where natural disasters or other inevitable causes prescribed by Presidential Decree exist, arrears under paragraphs (1) and (2) may not be collected. <Amended on May 21, 2009> |
Article 97-2 (Disclosure of Personal Information on Defaulters with Large Amount in Arrears and Habitual Defaulters) |
(1) | Where a pensioner who has failed to pay a total of at least 20 million won (limited to workplace-based insured persons) in pension premiums, arrears, and disposition fees for arrears, for one year from the date following the payment deadline under this Act (hereafter in this paragraph referred to as "pension premiums, etc.") fails to make payment although he or she is financially capable of making such payments, the Health Insurance Service may disclose the personal information on the delinquent payer (referring to the personal information of an employer), amount in arrears, etc. (hereafter in this Article referred to as "personal information, etc."): Provided, That this shall not apply if an administrative appeal or administrative litigation is pending with respect to the pension premiums, etc., in arrears or if there is any other cause prescribed by Presidential Decree not to do so, such as partial payment of an amount in arrears. <Amended on Dec. 29, 2020> |
(2) | The Deliberative Committee on Disclosure of Information on Pension Premiums shall be established under the Health Insurance Service to deliberate on whether to disclose personal information, etc. |
(3) | The Health Insurance Service shall issue a written notice to a person whose personal information, etc. is subject to disclosure after deliberation by the Deliberative Committee on Disclosure of Information on Pension Premiums that his or her personal information, etc. will be subject to disclosure so as to provide the person with an opportunity to explain his or her situation, and shall select persons whose personal information, etc. is subject to disclosure, considering the status of their payments, etc. of arrears after six months from the date on which such notice is issued. |
(4) | Disclosure of personal information, etc. shall be made by publishing or posting it in the official gazette or on the website of the Health Insurance Service. |
(5) | The criteria for determining one’s payment capability, the status of one’s payment of arrears, and procedures with respect to disclosure of personal information, etc., and matters necessary for the organization and operation, etc. of the Deliberative Committee on Disclosure of Information on Pension Premiums shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 22, 2012]
Article 98 (Order of Priority in Collection of Pension Premiums) |
The order of priority to collect pension premiums or other dues under this Act shall follow the order of priority to collect pension premiums under the National Health Insurance Act.
Article 99 (Expiration of Right to Collect Pension Premiums) |
The right to collect pension premiums and arrears from an individually insured person, voluntarily insured person, or voluntarily and continuously insured person shall terminate in any of the following cases: <Amended on May 21, 2009>
1. | When a currently or formerly insured dies; |
2. | When the person in question receives old age pension benefits or a lump-sum refund under Article 77 (1); |
3. | When the right is extinguished by prescription under Article 115 (1). |
Article 100 (Appropriation and Return of Erroneous or Excess Payments) |
(1) | If the Service finds that an erroneous or excess payment has been made in the course of collecting pension premiums, arrears or expenses for disposition on default, the Service shall appropriate the erroneous or excess payment for pension premiums or other dues under this Act, as prescribed by Presidential Decree. <Amended on May 21, 2009> |
(2) | Where an amount remains after appropriation under paragraph (1), the Service shall determine to return it and the Health Insurance Service shall pay it as prescribed by Presidential Decree. <Added on May 21, 2009> |
(3) | Interest prescribed by Presidential Decree shall be added to such erroneous or excess payment in cases falling under paragraphs (1) and (2). <Added on May 21, 2009> |
Article 100-2 (Application of Legal Fiction of Pension Premiums as Being Paid by Individually Insured Persons) |
If a mandatorily applicable workplace referred to in the main clause of Article 8 (1) fails to meet the mandatorily applicable workplace criteria, pension premiums that have been paid before an employer files a report pursuant to Article 21 (1) shall be deemed pension premiums paid by an individually insured person. [This Article Added on Jun. 7, 2011]
Article 100-3 (Subsidization of Pension Premiums for Workplace-Based Insured Persons) |
(1) | Where an employee who is a Korean citizen, who is a workplace-based insured person under Article 8, meets all the following requirements, the State may subsidize some of the employee contributions and employer contributions among pension premiums, within budgetary limits: <Amended on May 29, 2016> |
1. | He or she shall be employed by the workplace of the size prescribed by Presidential Decree and earn income less than the amount prescribed by Presidential Decree; |
(2) | Matters necessary to determine the amount, methods, procedures, etc. for subsidization of pension premiums referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 31, 2011]
[Title Amended on Jan. 21, 2020]
Article 100-4 (Subsidization of Pension Premiums for Individually Insured Persons) |
(1) | Where an individually insured person, who is a Korean citizen and fails to pay pension premiums pursuant to Article 91 (1) 1, meets all of the following requirements, the State may subsidize part of the pension premiums. In such cases, the period of subsidization shall not exceed 12 months: |
1. | He or she shall resume the payment of pension premiums: Provided, That the payment of pension premiums after receiving a subsidy therefor pursuant to Article 19-2 (3) shall be excluded; |
(2) | Matters necessary for the amount, methods, procedures, etc. for subsidization of pension premiums referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 21, 2020]
[Previous Article 100-4 moved to Article 100-5 <Jan. 21, 2020>]
Article 100-5 (Clawback of Subsidies for Pension Premiums) |
(1) | Where a person who has obtained subsidies for pension premiums under this Act falls under any of the following cases, the State may fully or partially claw back the subsidies that he or she has obtained: |
1. | Where the person has obtained subsidies by fraud or other improper means; |
2. | Where subsidies were erroneously provided. |
(2) | Matters necessary for identifying persons subject to clawback under paragraph (1), criteria and method for clawback and other matters shall be prescribed by Presidential Decree. |
(3) | Where the State claws back subsidies as pursuant to paragraph (1), if a person who is supposed to return the subsidies is deemed incapable of returning such subsidies either because he or she has gone missing, has no property, or other inevitable reasons exist, the State may write off the deficits. |
(4) | The clawback of subsidies under paragraph (1) and write-off of deficits under paragraph (3) shall be entrusted to the Service. In such cases, Article 57-2 shall apply mutatis mutandis to clawback of subsidies. |
[This Article Added on Dec. 31, 2011]
[Moved from Article 100-4 <Jan. 21, 2020>]
CHAPTER VI NATIONAL PENSION FUND
Article 101 (Establishment of Fund and Fund-Raising) |
(1) | The Minister of Health and Welfare shall establish the National Pension Fund (hereafter in this Chapter referred to as the "Fund") to smoothly secure the financial resources necessary for the national pension services and to prepare a reserve fund to be appropriated for the benefits provided under this Act. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(2) | The Fund shall be formed with the following financial resources: |
2. | Profits accrued from the operation of the Fund; |
4. | Surplus in the settlement of revenues and expenses of the Service. |
Article 102 (Management and Operation of Fund) |
(1) | The Fund shall be managed and operated by the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(2) | The Minister of Health and Welfare shall manage and operate the Fund using the following methods, in accordance with resolutions passed by the National Pension Fund Management Committee established under Article 103, to maximize profits for the long-term financial stability of national pension, while investing in businesses to promote the welfare of currently and formerly insured persons and annuitants to the extent of not compromising the financial stability of national pension: Provided, That in cases falling under subparagraph 2, the Minister shall purchase national bonds, following consultation with the Minister of Economy and Finance : <Amended on Aug. 3, 2007; Feb. 29, 2008; Jan. 18, 2010> |
1. | Deposits or trusts in financial institutions prescribed by Presidential Decree; |
2. | Investment in the public sector for public projects; |
5. | Welfare and loan services provided under Article 46 of this Act; |
6. | Acquisition and disposal of property for achieving the primary objective of the Fund; |
7. | Other projects to raise the Fund, as prescribed by Presidential Decree. |
(3) | Where the Fund is managed and operated by means other than those under paragraph (2) 5 and 6, a conscientious effort shall be made to outperform the market rate of return on each asset item: Provided, That where the Fund is deposited in the Public Capital Management Fund under the Public Capital Management Fund Act (hereinafter referred to as the "Management Fund") pursuant to paragraph (2) 2, the rate of return shall be determined at a level of at least the earning rate of state bonds with five years of maturity by the Public Capital Management Fund Management Committee under Article 7 (2) of the same Act, following consultation with the National Pension Fund Management Committee established under Article 103, as prescribed by Presidential Decree. |
(4) | Where the Minister of Health and Welfare manages and operates the Fund pursuant to paragraph (2) 3, he or she may take into account environmental, social, and governance factors related to investment targets, to achieve a long-term and stable revenue. <Added on Jan. 28, 2015> |
(5) | The Minister of Health and Welfare shall process the accounting of the Fund as prescribed by Presidential Decree to clarify the operational performance and financial status of the Fund. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jan. 28, 2015> |
(6) | The Minister of Health and Welfare may outsource the Service with part of the affairs concerning the management and operation of the Fund, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jan. 28, 2015> |
Article 102-2 (Financial Contributions to Health Insurance Service) |
(1) | The Minister of Health and Welfare may make a financial contribution to the Health Insurance Service by tapping into the Fund to cover expenses incurred to collect pension premiums, etc. following resolution thereon by the National Pension Fund Management Committee established under Article 103. In such cases, matters necessary for the scale and standards of financial contributions and other matters shall be prescribed by Presidential Decree. <Amended on Jun. 7, 2011> |
(2) | Article 45 shall apply mutatis mutandis in cases where surplus accrues in settlement of accounts of financial contributions made under paragraph (1). |
[This Article Added on May 21, 2009]
Article 103 (National Pension Fund Management Committee) |
(1) | The National Pension Fund Management Committee (hereinafter referred to as the "Management Committee") shall be established under the Ministry of Health and Welfare to deliberate and decide on matters concerning the operation of the Fund in the following subparagraphs: <Amended on Feb. 29, 2008; Jan. 18, 2010> |
1. | Matters relating to guidelines for operation of the Fund; |
2. | Matters relating to consultation on interest rates on deposits in cases where the Fund is entrusted to the Management Fund; |
3. | Matters relating to the Fund operation plan; |
4. | Matters relating to the details of operation and use of the Fund under Article 107 (3); |
5. | Other important matters relating to the operation of the Fund, submitted as agenda items to be discussed at a meeting by the chairperson of the Management Committee. |
(2) | The Management Committee shall be comprised of the Minister of Health and Welfare as chairperson, and the Vice Minister of Economy and Finance , Vice Minister of Agriculture, Food and Rural Affairs, Vice Minister of Trade, Industry and Energy, Vice Minister of Employment and Labor, and the chief executive officer of the Service as ex officio members, as well as the following members who shall be appointed by the chairperson: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 4, 2010; Mar. 23, 2013> |
1. | Three persons recommended by employers' organizations to represent employers; |
2. | Three persons recommended by the federation of labor unions to represent employees; |
3. | The following persons representing individually insured persons: |
(a) | Two persons recommended by farmers’ and fishers’ organizations; |
(b) | Two persons recommended by organizations related to self-employed persons, other than farmers’ and fishers' organizations; |
(c) | Two persons recommended by consumer groups and civic groups; |
4. | Two experts who have much knowledge and experience in the National Pension Scheme. |
(3) | Each member shall hold office for a term of two years, and may be reappointed consecutively only once: Provided, That the chairperson and each ex officio member shall remain in office until the end of his or her tenure as Minister, Vice Minister or chief executive officer. |
(4) | The chairperson shall convene and preside over meetings of the Management Committee. <Amended on Mar. 22, 2013> |
(5) | The Management Committee shall have meetings at least four times per year with a majority of incumbent members constituting a quorum and a resolution shall be adopted with the concurring votes of a majority of those present. In such cases, members absent from a meeting shall be deemed to have not exercised their voting rights. |
(6) | The Minister of Health and Welfare shall, in advance, submit materials necessary for the meeting in response to a request from the Management Committee. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(7) | Matters necessary for the organization, operation, etc. of the Management Committee shall be prescribed by Presidential Decree. |
Article 103-2 (Minutes of Management Committee Meeting) |
(1) | The chairperson shall write and keep the minutes of an Operation Committee meeting, including the date, time and place of the meeting, matters discussed and resolved, and detailed remarks by members present (hereinafter referred to as "minutes") and shall make public a summary of the main contents thereof. |
(2) | The chairperson shall make public the minutes one year after the date on which a meeting is held: Provided, That in cases of an agenda item likely to affect the fair operation of the Fund or the financial market stability, the minutes containing the relevant agenda item shall be made public after four years from the date on which the relevant meeting is held after being referred to the Management Committee for resolution. |
(3) | Notwithstanding paragraph (2), if the competent Standing Committee of the National Assembly requests the minutes, the chairperson shall submit the minutes in private. |
[This Article Added on Mar. 22, 2013]
Article 103-3 (Establishment and Composition of Special Committee of National Pension Fund Management) |
(1) | A Special Committee of National Pension Fund Management in the following sectors (hereinafter referred to as "Special Committee") shall be established under the Management Committee to professionally examine and deliberate on matters subject to deliberation and resolution under the subparagraphs of Article 103 (1) of the Act: |
1. | The Special Committee on Investment Policy (hereinafter referred to as the "Special Committee on Investment Policy"); |
2. | The Special Committee on Responsible Investment and Governance of the National Pension Fund (hereinafter referred to as the "Special Committee on Responsible Investment and Governance"); |
3. | The Special Committee on Risk Management and Performance Evaluation and Compensation of the National Pension Fund (hereinafter referred to as the "Special Committee on Risk Management and Performance Evaluation and Compensation"). |
(2) | An expert committee shall examine and deliberate on the following matters, among the matters under the subparagraphs of Article 103 (1) of the Act: |
1. | The Special Committee on Investment Policy: The following matters: |
(a) | Matters regarding the Fund operation plans; |
(b) | Matters regarding the Fund's investment criteria and the management of the Fund; |
(c) | Matters regarding the development or modification of the Fund's investment policies; |
(d) | Other matters regarding the Fund's investment policies, which require examination and deliberation by the chairperson of the Management Committee, the chairperson of the Special Committee on Investment Policy, or at least 1/3 of the incumbent members of the Special Committee on Investment Policy; |
2. | The Special Committee on Responsible Investment and Governance: The following matters; |
(a) | Matters regarding the principles, criteria, methods, and procedures for exercising shareholder’s rights; |
(b) | Matters regarding the delegation of voting rights of stocks entrusted to and operated by a domestic or foreign asset manager; |
(c) | Matters regarding the consideration of environmental, social and governance factors, etc. related to persons toward whom purchase, sale, and lending of securities take place under Article 102 (4); |
(d) | Other matters regarding a fiduciary duty to the Fund, which require examination and deliberation by the chairperson of the Management Committee, the chairperson of the Special Committee on Responsible Investment and Governance, or at least 1/3 of the incumbent members of the Special Committee on Responsible Investment and Governance; |
3. | The Special Committee on Risk Management and Performance Evaluation and Compensation: The following matters; |
(a) | Matters regarding risk management in the operation of the Fund; |
(b) | Matters regarding compensation to reward performance in the operation of the Fund; |
(c) | Matters regarding the inspection of the status of the Fund operation and policy suggestions based on the results of the inspection; |
(d) | Other matters regarding the risk management and performance compensation of the Fund, which require examination and deliberation by the chairperson of the Management Committee, the chairperson of the Special Committee on Risk Management and Performance Evaluation and Compensation, or at least 1/3 of the incumbent members of the Special Committee on Risk Management and Performance Evaluation and Compensation. |
(3) | Matters necessary for the composition, operation, etc. of an expert committee shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 8, 2021]
Article 104 (National Pension Fund Management Practice Evaluation Committee) |
(1) | A National Pension Fund Management Practice Evaluation Committee (hereinafter referred to as "Practices Evaluation Committee") shall be established under the Management Committee to deliberate on and evaluate the followings with respect to the operation of the Fund: |
1. | Matters concerning the composition of assets operated by the Fund and the accounting of the Fund; |
2. | Matters concerning the Fund performance measurement; |
3. | Matters needing improvement in connection with management and operation of the Fund; |
4. | Matters deemed necessary by the chairperson of the Practices Review Board among agenda items to be presented to the Management Committee; |
5. | Other matters on which deliberation is requested by the Management Committee. |
(2) | The Practices Review Board shall be comprised of the Vice Minister of Health and Welfare as the chairperson, a vice chairperson elected from among the members, and the following persons recommended by the chairperson: <Amended on Feb. 29, 2008; Jan. 18, 2010> |
1. | Grade III national public officials of the relevant ministries and offices or public officials in general service belonging to the Senior Executive Service who are nominated by the chairperson and ex officio members of the Management Committee (excluding the chief executive officer of the Service) each under Article 103 (2); |
2. | Three persons recommended by employers' organizations to represent employers; |
3. | Three persons recommended by the federation of labor unions to represent employees; |
4. | The following persons representing individually insured persons: |
(a) | Two persons recommended by farmers and fishers' organizations; |
(b) | Two persons recommended by organizations related to the self-employed other than farmers and fishers' organizations; |
(c) | Two persons recommended by consumer groups and civic groups; |
5. | Two persons of knowledge and experience in the National Pension System and in the operations of the National Pension Fund. |
(3) | If each organization intends to recommend a member of the committee pursuant to paragraphs (2) 2 through 4, the organization shall make such recommendations among the following persons: <Amended on Jul. 21, 2011> |
1. | Persons qualified as a lawyer or certified public accountant; |
2. | Persons who majored in social welfare, economics, or business administration, etc. and who are currently working on a position of an assistant professor or higher for at least three years in a college or university under the Higher Education Act; |
3. | Persons who hold a doctorate degree in social welfare, economics, or business administration, etc. and who have worked in a research institute or public institution for three years or more. |
(4) | The members shall serve a term of office of two years and may serve consecutive terms: Provided, That the tenure of the chairperson and that of a member who is a public official shall be the period during which he or she holds his or her official position. |
(5) | The relevant departments in charge of the Fund shall submit in advance data necessary for the meetings at the request of the Practices Review Board. |
(6) | The Practices Review Board shall submit findings from the evaluation of operation of the Fund to the Management Committee by the end of June of the following year. |
(7) | Matters necessary for the organization and operation of the Practices Review Board and other matters shall be prescribed by Presidential Decree. |
Article 105 (Guidelines for Operation of National Pension Fund) |
(1) | The Management Committee shall formulate guidelines for the operation of the National Pension Fund annually (hereinafter referred to as "Fund Operational Guidelines") concerning the following matters, to maximize the rights and interests of insured persons: <Amended on Jan. 28, 2015> |
1. | The ratio of assets of the Fund to be used for public projects; |
2. | The order of priority for distribution of the Fund to public projects; |
3. | Service expenses incurred in promoting the welfare of currently and formerly insured persons and annuitants; |
4. | Loan services expenses incurred in lending money to currently or formerly insured persons for the purpose of raising the Fund; |
5. | Targets for and methods of public announcement concerning the current status of the management and operation of the Fund under Article 102 (2) through (5). |
(2) | Necessary matters concerning the Fund Operational Guidelines shall be prescribed by Presidential Decree. |
Article 106 (Fund Receipts and Disbursements) |
Matters concerning the procedure for receipts and disbursements in the management and operation of the Fund shall be prescribed by Presidential Decree.
Article 107 (Plans of Fund Operation) |
(1) | The Minister of Health and Welfare shall plan the operation of the Fund each year and obtain the approval of the President following deliberation by the Management Committee and the State Council. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(2) | The Government shall report the plan of Fund operation under paragraph (1) to the National Assembly by the end of October of the year preceding the relevant year. |
(3) | The Minister of Health and Welfare and the Minister of Economy and Finance shall submit the details of the operation of the Fund and the details of the use of the Fund deposited in the Management Fund, respectively to the Management Committee by the end of June of the year following the relevant year. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(4) | The chairperson of the Management Committee shall submit the details of the operation and use of the Fund under paragraph (3) to the National Assembly, following deliberation by the Management Committee and make it public, as prescribed by Presidential Decree. |
CHAPTER VII REQUESTS FOR EXAMINATION AND REQUESTS FOR REVIEW
Article 108 (Requests for Examination) |
(1) | A person who is dissatisfied with a disposition taken by the Service or Health Insurance Service on qualification for insured status, standard monthly income, pension premiums, and other dues and benefits under this Act may request the Service or Health Insurance Service that has rendered such disposition for an examination. <Amended on May 21, 2009> |
(2) | The request for examination under paragraph (1) shall be made in writing (including electronic documents under subparagraph 7 of Article 2 of the Electronic Government Act) within 90 days from the date on which the person comes to know the disposition was taken, and shall not be made after elapse of 180 days from the date the disposition is rendered: Provided, That if it is proved that there is a justifiable reason making it impossible to request for an examination within such period, a request for examination may be made after such period elapses. <Amended on May 21, 2009; Feb. 4, 2010> |
(3) | Except as provided in paragraphs (1) and (2), matters necessary to request an examination shall be prescribed by Presidential Decree. <Added on Jan. 28, 2015> |
Article 109 (National Pension Examination Committee) |
(1) | A National Pension Examination Committee (hereinafter referred to as the "Examination Committee") shall be established in the Service and a Collection Examination Committee shall be established in the Health Insurance Service to examine matters concerning the request for examination under Article 108. <Amended on May 21, 2009> |
(2) | Necessary matters concerning the organization, operation, examination, etc. of the Examination Committee and Collection Examination Committee shall be prescribed by Presidential Decree. <Amended on May 21, 2009> |
[Title Amended on May 21, 2009]
Article 110 (Applications for Reexamination) |
(1) | Any person dissatisfied with a decision on a request for examination under Article 108 may appeal the decision with the National Pension Review Committee to re-examine matters within 90 days from the date of receiving notice of such decision, in a written request for re-examination stating matters prescribed by Presidential Decree. <Amended on Jan. 28, 2015> |
(2) | Methods, procedures, etc. for requesting appeal under paragraph (1) shall be prescribed by Ministerial Decree of Health and Welfare. <Added on Jan. 28, 2015> |
Article 111 (National Pension Review Committee) |
(1) | The National Pension Review Committee shall be established in the Ministry of Health and Welfare to examine matters concerning the request for review under Article 110 (hereinafter referred to as the "Review Committee"). <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(2) | The National Pension Review Committee shall be comprised of not more than 20 members, including one Chairperson. In such cases, the members who are not public officials shall be a majority of the total number of members. <Added on Dec. 11, 2018> |
(3) | Necessary matters concerning the organization, operation, review, etc. of the Review Committee shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
Article 112 (Relation with Administrative Appeals) |
(1) | The provisions of the Administrative Appeals Act shall apply mutatis mutandis to the review and decision procedures of the Review Committee. |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 113 (Adjustment of Overlapping Benefits Payment) |
Where an annuitant of a disability pension or survivor pension becomes entitled to any of the followings due to the same causes as those that led to him or her being the beneficiary of a disability pension or survivor pension under this Act, the amount of a disability pension paid under Article 68 or survivor pension paid under Article 74 shall be an amount equivalent to 1/2 thereof: <Amended on May 20, 2010; Aug. 4, 2011> 3. | Disability compensation under Article 97 of the Seafarers' Act, lump-sum compensation under Article 98 of the same Act, or survivor compensation under Article 99 of the same Act; |
4. | Disability benefits under Article 25 of the Act on Accident Compensation Insurance for Fishing Vessels and Their Crew Members, lump-sum compensation benefits under Article 26 of the same Act or survivor benefits under Article 27 of the same Act. |
Article 114 (Rights of Subrogation) |
(1) | When a disability pension or survivor pension is paid because grounds for payment of the disability pension or survivor pension have arisen as a result of an act committed by a third person, the Service shall subrogate the relevant annuitant to the third person to the extent of the paid benefits. |
(2) | Where grounds for the payment of a disability pension or survivor pension arise as a result of an act committed by a third person, if the beneficiary of the disability pension or survivor pension is paid an indemnity by the third person on such grounds, the Service shall not pay the disability pension or survivor pension under paragraph (1) up to the limit of the amount of the indemnity paid to such beneficiary. |
Article 115 (Period of Prescription) |
(1) | The right to collect or recover pension premiums, amounts of recovery, and other dues under this Act shall be extinguished by prescription if such right has subsisted for a continuous period of three years unexercised, and the right of annuitants, insured persons, etc. to receive benefits (excluding a lump sum refund under Article 77 (1) 1) or to be repaid erroneous or excess payments shall be extinguished by prescription if such right has subsisted for a continuous period of five years unexercised, and the right to receive a lump sum refund under Article 77 (1) 1 shall be extinguished by prescription if such right has subsisted for a continuous period of 10 years unexercised. <Amended on May 21, 2009; Oct. 24, 2017> |
(2) | The period of prescription applicable to entitlement to benefits shall be suspended for a period of full suspension of the payment of such benefits. |
(3) | Notice of payment of pension premiums, or other dues under this Act, demands under Article 57-2 (2) and 95 (1), payment of benefits or request for the return of erroneous or excess payments, etc. shall have the effect of interrupting the relevant extinctive prescription period. <Amended on May 21, 2009> |
(4) | The extinctive prescription interrupted under paragraph (3) shall commence anew from the time when the payment deadline set forth in notice or reminder notice elapses. |
(5) | When calculating the period for payment of benefits or the request for the return of erroneous or excess payments under paragraph (1), the number of days taken to deliver the relevant documents shall not count towards the period. |
Article 116 (Special Cases concerning Extinctive Prescription for Lump-Sum Refund) |
(1) | Notwithstanding Article 115, when a person who has become entitled to a lump-sum refund under Article 77 (1) 3, former Article 67 (1) 1 (referring to the provision which was amended by the amended National Welfare Pension Act (Act No. 3902) and then repealed by the amended National Pension Act (Act No. 5623)) and former Article 67 (1) 4 (referring to the provisions amended by the amended National Pension Act (Act No. 6027)) falls under Article 77 (1) 1 or 2, he or she may be paid a lump-sum refund. |
(2) | With respect to entitlement to a lump-sum refund under paragraph (1), the provisions of Article 115 (1) shall apply mutatis mutandis. |
Article 117 (Computation of Fractions) |
If there is a fractional amount less than ten won in calculating benefits, pension premiums, refunds, etc. under this Act, it shall be calculated by applying the Management of the National Funds Act mutatis mutandis.
Article 118 (Master National Pension Register) |
(1) | The Service shall maintain a master national pension register for entering and maintaining records on identity information, acquisition and loss of insured status, payment of pension premiums, status of the payment of benefits of currently insured persons, formerly insured persons and annuitants, and other matters as determined by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010> |
(2) | The Health Insurance Service shall enter and keep matters prescribed by Ministerial Decree for Health and Welfare, such as the payment of pension premiums, extinction of authority to collect, etc., and supply the details thereof to the Service without delay. <Added on May 21, 2009; Jan. 18, 2010> |
Article 119 (Protection of Employee’s Rights and Interests) |
An employer shall not hinder his or her employee from becoming an insured person, or withhold a promotion or wage increase from, lay off, or treat his or her employee disadvantageously, without any justifiable reason, for the purpose of evading an increase in the employer contribution.
Article 120 (Medical Examinations) |
The Service may, if deemed necessary, request an annuitant of a disability pension or a person who is considered in the calculation of a dependent pension amount to get a medical examination by a doctor designated by the Service, or have its staff confirm the condition of such disability.
Article 121 (Reports on Alteration to Entitlement to Receive Benefits) |
(1) | An annuitant and a beneficiary shall report matters concerning the occurrence, alteration, termination, and suspension of entitlement to receive benefits and the calculation, payment, etc. of benefits to the Service, as prescribed by Ministerial Decree of Health and Welfare. <Amended on May 29, 2016> |
(2) | Where an annuitant or a beneficiary dies, a person liable to file a report under Article 85 of the Act on the Registration of Family Relationships shall report the fact to the Service within one month from the date he or she learns the fact of his or her death: Provided, That the foregoing shall not apply where he or she reports his or her death pursuant to the Act on the Registration of Family Relationships within one month from the date he or she learns the fact of his or her death. <Amended on May 29, 2016> |
[Title Amended on May 29, 2016]
Article 122 (Surveys or Questions) |
(1) | If deemed necessary for determining an insured person's insured status, standard monthly income, pension premiums, or benefits, or for confirming the creation, modification, termination, suspension, etc. of entitlement to benefits or benefits, the Service may require employers, currently or formerly insured persons or annuitants to submit necessary documents or other materials on income, property, etc., or require its employee to visit the place of business or other necessary places to examine documents, etc. or ask relevant persons necessary questions. <Amended on Dec. 29, 2015> |
(2) | An employee of the Service who makes a visit, examination, or inquiries pursuant to paragraph (1) shall carry an identity document indicating his or her authority and a document stating matters prescribed by Ministerial Decree of Health and Welfare, such as the period and scope of the examination, the person in charge of the examination and related statutes and regulations, and present such documents to relevant persons. <Amended on Dec. 29, 2015> |
(3) | Except as otherwise expressly provided for in this Act, the Framework Act on Administrative Investigations shall apply to the details, methods, procedures, etc. of examination or inquiry under paragraph (1). <Added on Dec. 29, 2015> |
Article 122-2 (Verification of Beneficiaries) |
(1) | The Service shall establish an annual investigation plan each year and conduct investigations into whether a beneficiary is dead, divorced, or maintains livelihood in order to verify qualifications of the beneficiary and propriety of pension benefits for the beneficiary. |
(2) | The Service shall submit an annual investigation plan established under paragraph (1) and findings from investigations to the Minister of Health and Welfare by applying mutatis mutandis Article 41 (1) and (2). |
(3) | Where a beneficiary, his or her spouse, or other related person refuses, obstructs, or evades an investigation conducted under paragraph (1) on at least two occasions, the Service may suspend or stop the payment of pension benefits to such beneficiary. In such cases, it shall notify the beneficiary of such fact, clearly stating grounds for such action in writing. |
(4) | Matters necessary to determine the scope, method and timing of investigations referred to in paragraph (1) and other matters shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 31, 2011]
Article 123 (Requests for Data and Use of Computer Networks) |
(1) | The Minister of Health and Welfare may request the heads of government agencies, local governments, and other institutions, corporations, and organizations prescribed by Presidential Decree to provide data prescribed by Presidential Decree, which are necessary to verify whether pension premiums under Article 100-3 (1) or 100-4 (1) are subsidized. In such cases, the heads of government agencies, local governments, institutions, corporations, or organizations shall provide requested data unless extenuating circumstances exist. <Added on May 29, 2016; Jan. 21, 2020> |
(2) | The Service may request the heads of government agencies, local governments, and other institutions, corporations, and organizations prescribed by Presidential Decree to provide data prescribed by Presidential Decree, such as resident registrations, family relationship registrations, national taxes, local taxes, land, buildings, health insurance and registrations of disabled persons, which are necessary in relation to the National Pension Scheme, such as the management of qualification of persons who participate in the National Pension Plan, the imposition of pension premiums, the determination and payment of benefits. In such cases, the heads of government agencies, local governments, institutions, corporations, and organizations requested to provide such data shall provide the requested data. <Amended on Jan. 28, 2015; May 29, 2016> |
(3) | Where necessary to examine the payment of dependent pension benefits, disability pension benefits, and survivor pension benefits, the Service may request a medical institution under the Medical Service Act to allow it to read or issue a copy of matters concerning the relevant medical examination of a person who participates or participated in the National Pension Plan with his or her consent (where he or she is dead, including a person who is his or her relative under Article 21 (3) 3 of the Medical Service Act), as prescribed by Ministerial Decree of Health and Welfare. In such cases, the medical institution that receives such request shall comply with the request unless extenuating circumstances exist. <Added on Dec. 31, 2011; May 29, 2016; Dec. 20, 2016> |
(5) | Data provided to the Minister of Health and Welfare and the Service pursuant to paragraphs (1), (2), and (4) shall be exempt from user fees, charges, etc. <Amended on Dec. 31, 2011; Jan. 28, 2015; May 29, 2016> |
[Title Amended on Jan. 28, 2015]
Article 123-2 (Sharing of Computerized Information on Family Relationship Registration) |
(2) | No one shall use or utilize computerized information data shared under paragraph (1) for any purpose other than the intended purpose. |
[This Article Added on Jan. 21, 2020]
Article 124 (Confidentiality) |
No person who serves or has served in the Service shall divulge any confidential information which he or she learned in the course of carrying out his or her duties.
Article 125 (Notice of Reduction and Omission of Income in Writing) |
(1) | Where the Service deems that there is a reduction or omission in the matters reported under Article 21, it may report such to the Minister of Health and Welfare and notify the Commissioner of the National Tax Service of data suspicious of reduction or omission of income in a written statement. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
(2) | The Commissioner of the National Tax Service who has received the statement under paragraph (1), where he or she has performed a tax investigation pursuant to relevant Acts and subordinate statutes, such as the Framework Act on National Taxes, shall notify the Service of matters concerning income contained in the results of such investigation. |
(3) | The notification procedures under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. |
Article 126 (Application to Foreigners) |
(1) | Notwithstanding Article 6, a foreigner employed in a workplace governed by this Act or resides in the Republic of Korea, other than a person prescribed by Presidential Decree, shall be a workplace-based insured person or individually insured person, as a matter of course: Provided, That this shall not apply if any relevant laws of such foreigner's home country does not apply to the citizens of the Republic of Korea with respect to a pension equivalent to the National Pension Scheme under this Act. <Amended on Jan. 28, 2015> |
(2) | To apply Article 67 (1) 1 to a foreigner who participates or participated in the National Pension Plan (hereinafter referred to as "foreigner who participates or participated in the National Pension Plan, etc.") pursuant to the main clause of paragraph (1), the date of the first medical examination of his or her disease or injury shall fall in the period during which he or she resides in the Republic of Korea. Articles 67 (excluding Article 67 (3) 2) through 71 shall apply mutatis mutandis to matters concerning the occurrence, suspension, and termination of the entitlement of a foreigner who participates or participated in the National Pension Plan, etc. to receive disability pension benefits and the payment of disability pension benefits to him or her. <Added on May 29, 2016> |
(3) | Article 72 (2) 2 shall not apply where a foreigner who participates or participated in the National Pension Plan, etc. dies while he or she resides in the Republic of Korea. Articles 72 through 76 shall apply mutatis mutandis to matters concerning the occurrence, suspension, and termination of the entitlement of a foreigner who participates or participated in the National Pension Plan, etc. to receive survivor pension benefits and the payment of survivor pension benefits to him or her. <Added on May 29, 2016> |
(4) | Articles 77 through 79 shall not apply to a foreigner who participates or participated in the National Pension Plan, etc.: Provided, That the foregoing shall not apply to any of the following foreigners: <Amended on Jan. 28, 2015; May 29, 2016> |
1. | A foreigner where a citizen of the Republic of Korea fails to acquire entitlement to receive benefits (referring to benefits corresponding to benefits under subparagraphs 1 through 3 of Article 49) pursuant to the Acts of a foreign country to which the foreigner belongs, and falls under any subparagraph of Article 77 (1), and it is provided by the Acts of the foreign country that a certain amount (referring to an amount calculated based on pension premiums paid during the period of participation in the National Pension Plan) shall be paid to the citizen of the Republic of Korea in a lump sum; |
3. | A person employed at a workplace governed by this Act who has the qualification to stay for him or her to participate in industrial training activities pursuant to Article 10 of the Immigration Act and does not leave a designated place where he or she receives training for the period of necessary training. |
(5) | Methods, procedures, etc. for reporting the acquisition of qualification of a foreigner who participates or participated in the National Pension Plan, etc. shall be prescribed by Ministerial Decree of Health and Welfare. <Added on Jan. 28, 2015; May 29, 2016> |
Article 127 (Social Security Agreements with Foreign Countries) |
Where the Republic of Korea establishes a social security agreement with a foreign country, such social security agreement shall apply to the coverage of the National Pension Scheme, payment of pension premiums, conditions for the payment of benefits, calculation of the amount of benefits, payment of benefits, etc., notwithstanding this Act.
CHAPTER IX PENALTY PROVISIONS
Article 128 (Penalty Provisions) |
(1) | A person who receives benefits by deception or other fraudulent means shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Jan. 28, 2015> |
(2) | A person who uses or utilizes computerized information data for purposes other than those under Article 123-2 (1) in violation of paragraph (2) of the same Article shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 10 million won. <Added on Jan. 21, 2020> |
(3) | A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended on May 21, 2009; Jan. 28, 2015; Jan. 21, 2020> |
1. | An employer who requires a workplace-based insured person to bear all or part of the employer contribution referred to in Article 88 (3), or who deducts an amount exceeding the employee’s contribution from the wage of the workplace-based insured person, when he or she deducts an employee contribution from the employee's wage under Article 90 (1); |
2. | An employer who fails to pay pension premiums by the payment deadline under Article 95 (2) without any justifiable reason; |
3. | An employer who hinders an employee from becoming an insured person, or withholds a promotion or wage increase from an employee without any justifiable reason for the purposes of evading the increase of employer contributions, or lays off, or treats disadvantageously an employee, in violation of Article 119; |
4. | A person who divulges any confidential information which the person has obtained in the course of carrying out his or her duties, in violation of Article 124. |
Article 129 Deleted. <Dec. 31, 2011> |
Article 130 (Joint Penalty Provisions) |
If a representative of a corporation, an agent, employee or other servant of the corporation or an individual commits an offence provided in Article 128 in connection with the duties of the corporation or the individual, in addition to the punishment of such offender, the said corporation or the individual shall be subject to a fine under each relevant provisions: Provided, That this shall not apply in cases where such corporation or individual has performed relevant duties designed to prevent such offences with due care and supervision. <Amended on Dec. 31, 2011> [This Article Wholly Amended on Jun. 7, 2011]
Article 131 (Administrative Fines) |
(1) | Any of the following persons shall be subject to an administrative fine not exceeding five hundred thousand won: <Added on Dec. 31, 2011> |
1. | An employer who fails to file a report, or files a false report, in violation of Article 21 (1); |
2. | An employer who refuses, evades or obstructs an investigation or refuses to answer, evades or disrupts questions or gives a false answer when the Service or its employee requests submission of a document or other data, conducts an investigation or asks questions pursuant to Article 122. |
(2) | Any of the following persons shall be subject to an administrative fine not exceeding one hundred thousand won: <Amended on Dec. 31, 2011> |
1. | A person who fails to file a report under Articles 21 (2) and 121 (1) or (2); |
2. | A person who fails to give notice pursuant to Article 23 (2); |
3. | A currently or formerly insured person or annuitant who refuses, evades or obstructs a demand to submit documents or data on income, property, etc., who refuses, evades or disrupts an investigation and questioning by the Service or its employee under Article 122, or gives a false answer. |
(3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree. <Added on Dec. 31, 2011> |
Article 132 Deleted. <Dec. 31, 2011> |
ADDENDA <Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (1) 3 and 5, subparagraph 5 of Article 9, Articles 17 (1), 18, 19, 51 (1), 57 (4), 58 (2), 77 (2), the latter part of Article 80 (1) and Article 91 (1) 6 shall enter into force on January 1, 2008. Article 2 (Special Cases concerning Old Age Pensions)
(1) | When the participation period of a person aged between 45 and under 60 as of January 1, 1988 (between 40 and under 55 for employees engaged in special occupations) is five years or more, a specified pension amount shall be paid, notwithstanding the amended provisions of Article 61. |
(2) | The pension amount under paragraph (1) shall be an amount equivalent to 250/1000 of the basic pension amount plus a dependent pension amount: Provided, That where the participation period exceeds five years, an amount equivalent to 50/1000 of the basic pension amount shall be added for each additional year (each month in a period of less than one year shall be counted as 1/12 of a year). |
Article 3 (Applicability to Pension Premiums)
(1) | The pension premiums to be paid by a workplace-based insured person shall be in the following amounts until 1997 despite the provisions of Article 75 (2) of the amended National Welfare Pension Act (Act No. 3902): |
1. | Each of employee contribution and employer contribution shall be an amount equivalent to 15/1000 of the standard monthly income earned during the period from 1988 to 1992, and an amount equivalent to 20/1000 of the standard monthly income earned during the period from 1993 to 1997; |
2. | The amount of money converted to retirement allowances shall be zero during the period from 1988 to 1992, and an amount equivalent to 20/1000 of the standard monthly income during the period from 1993 to 1997. |
(2) | The pension premiums to be paid by a voluntarily insured person and voluntarily and continuously insured person shall be an amount equivalent to 30/1000 of the standard monthly income earned during the period from 1988 to 1992 and an amount equivalent to 60/1000 of the standard monthly income earned during the period from 1993 to 1997, despite the provision of Article 75 (3) of the amended National Welfare Pension Act (Act No. 3902). |
Article 4 (Applicability to Disability Pension Annuitants)
)
The provisions of Article 58 (1) and (2) of the amended National Pension Act (Act No. 4110) shall also apply to a person who becomes disabled due to an injury which occurred during the period between January 1, 1988 and March 31, 1989, the date on which the same Act enters into force. Article 5 (Special Cases concerning Farmers and Fishers' Attainment of Insured Status)
A farmer or fisherman who is between 60 and under age 65 as of July 1, 1995, which is the date on which the amended National Pension Act (Act No. 4909) enters into force may become individually insured under Article 10 of the same Act until he or she reaches age 70 if he or she files an application to the Service, as prescribed by Ministerial Decree of Health and Welfare by no later than December 31, 1995, notwithstanding Article 6 of the same Act. Article 6 (Special Cases concerning Old Age Pension for Individually Insured Persons)
(2) | The pension amount under paragraph (1) shall be an amount equivalent to 250/1000 of the basic pension amount plus a dependent pension amount: Provided, That where the participation period exceeds five years, an amount equivalent to 50/1000 of the basic pension amount shall be added for each additional year (each month in a period of less than one year shall be counted as 1/12 of a year). |
Article 7 (Pension Premium Subsidy for Farmers and Fishers)
A farmer or fisherman who is an individually insured person or who has converted from an individually insured person to a voluntarily and continuously insured person shall be provided with a subsidy through the special account for the structural improvement of agricultural and fishing villages within 50/100 of the pension premium payable by the person in question by December 31, 2019, as prescribed by Presidential Decree, notwithstanding the amended provisions of Article 88 (3). <Amended on Dec. 31, 2011; Jan. 14, 2014> Article 8 (Applicability to Ages of Eligibility for Benefits)
With respect to the ages of eligibility for benefits prescribed in Articles 48 (1) 3, 56 (1), 56 (2) through (4), each subparagraph of Article 57 (3) and each subparagraph of paragraph (4) of the same Article, each subparagraph of Article 57-2 (1), Articles 57-4 (1), 58 (2), the provisos to Article 63 (1) 3 and 5, the main clause of Article 66 (1), the proviso to Article 67 (1) 1, the proviso to Article 67 (1) 2, and Article 93-2 of the amended National Pension Act (Act No. 5623), notwithstanding the respective provisions pertaining to the ages of eligibility to be paid benefits therein, an age to which one year is added shall apply to persons who were born between 1953 and 1956, two years to persons who were born between 1957 and 1960, three years to persons who were born between 1961 and 1964, four years to persons who were born between 1965 and 1968, and five years to persons who were born after 1969. <Amended on Dec. 31, 2011, Jan. 28, 2015> [Enforcement Date: Jan. 1, 2013] Article 8
Article 8-2 (Special Cases concerning Payment of Disability Pensions and Survivor Pensions)
A disease or injury that occurs from the date immediately after the date on which an insured person reaches an age referred to in the amended provisions of Article 12 (1) 4, (2) 6, or (3) 4 to the date on which he or she reaches ages of eligibility for benefits referred to in Article 8 of the Addenda shall be deemed a disease or injury that has occurred during the participation period referred to in the amended provisions of Articles 67 (1) and 72 (1), and the death of an insured that occurs during the same period shall be deemed the death of an insured referred to in the amended provisions of Article 72 (1). [This Article Added on Oct. 22, 2012]
[Enforcement Date: Jan. 1, 2013] Article 8-2
Article 8-3 (Special Cases concerning Ages, etc. of Eligibility for Lump-Sum Refunds)
(1) | Notwithstanding Article 8 of the Addenda, a currently or formerly insured whose participation period is less than ten years is entitled to a lump-sum refund when he or she reaches age 60. |
(2) | Paragraph (1) shall also apply to a person who receives a lump-sum refund pursuant to the amended provisions of Article 116. |
[This Article Added on Oct. 22, 2012]
[Enforcement Date: Jan. 1, 2013] Article 8-3
Article 9 (Special Cases concerning Old Age Pensions)
(1) | A person aged between 50 and under 60 as of April 1, 1999 and who falls under any of the following subparagraphs shall be paid a specified pension amount from the date prescribed in the relevant subparagraph, notwithstanding the amended provisions of Article 61: |
1. | A person whose participation period is at least five but less than ten years before reaching age 60: On the date on which such person reaches age 60; |
2. | A person whose participation period reaches at least five years after reaching age 60: On the date on which such person loses his or her insured status. |
(2) | The amount in the special case concerning the old age pension under paragraph (1) shall be an amount equivalent to 250/1000 of the basic pension amount plus an additional pension amount: Provided, That where the participation period exceeds five years, an amount equivalent to 50/1000 of the basic pension amount shall be added for each additional year (each month in a period of less than one year shall be counted as 1/12 of a year). |
(3) | The provisions of paragraphs (1) and (2) shall apply mutatis mutandis where a person who became individually insured under Article 14 of the Addenda of the amended National Pension Act (Act No. 5623) has lost his or her insured status from the time when his or her participation period reached five years. |
Article 10 (Special Cases concerning Attainment of Insured Status by the Aged)
Where a person aged between 60 and under 65 as of April 1, 1999 files an application for the attainment of insured status to the Service by March 31, 2000, as prescribed by Ministerial Decree of Health and Welfare, he or she may become individually insured pursuant to the amended provision of Article 9, notwithstanding Articles 6 and 10 of the amended National Pension Act (Act No. 5623). Article 11 (Special Cases concerning Payment of Lump-Sum Refund, etc.)
(1) | If a person who has received a lump-sum refund pursuant to former Article 67 (1) 1 as at the time the amended National Pension Act (Act No. 5623) (hereafter in this paragraph referred to as the "same Act") enters into force and a person who has received a lump-sum refund pursuant to Article 16 (1) of the Addenda to the same Act re-acquires the status of an insured person, he or she may repay the lump-sum refund to the Service, notwithstanding Article 68 (1) of the same Act. <Amended on Dec. 31, 2011> |
(2) | When an annuitant of a retirement pension, etc. before April 1, 1999 lost the status of a workplace-based person or an individually insured person, he or she may be paid a lump-sum refund, notwithstanding Article 67 (1) 1 of the amended National Pension Act (Act No. 5623). |
(3) | If a person who has received a lump-sum refund pursuant to former Article 67 (1) 4 as at the time this Act enters into force, re-acquires the status of an insured person, he or she may repay the lump-sum refund to the Service, notwithstanding the amended provisions of Article 78 (1): Provided, That the period included in the term of office shall be excluded pursuant to the Pension for Private School Teachers and Staff Act. <Added on Dec. 31, 2011> |
Article 12 (Applicability to Pension Premiums)
(1) | The pension premiums of an individually insured person under Article 10 of the amended National Pension Act (Act No. 5623), a voluntarily insured person under Article 10-2 of the same Act, an individually insured person under Article 10 of the Addenda and a voluntarily and continuously insured person who is not employed in a workplace covered under the National Pension Scheme shall, notwithstanding Articles 4 (1) and 75 (3) of the same Act, be an amount equivalent to 30/1000 of the standard monthly income for the period from April 1999 to June 2000, 40/1000 of the standard monthly income for the period from July 2000 to June 2001, 50/1000 of the standard monthly income for the period from July 2001 to June 2002, 60/1000 of the standard monthly income for the period from July 2002 to June 2003, 70/1000 of the standard monthly income for the period from July 2003 to June 2004 and 80/1000 of the standard monthly income for the period from July 2004 to June 2005. |
(2) | Employee contributions, employer contributions under Article 75 (2) of the amended National Pension Act (Act No. 5623) and pension premiums under paragraph (3) of the same Article shall not be adjusted until 2009, notwithstanding the amended provision of Article 4 (1). |
Article 13 (Special Applicability to Payment of Lump-Sum Refund)
A person who falls under Article 67 (1) 3 and 4 of the amended National Pension Act (Act No. 6027) before September 7, 1999 which is the enforcement date of the said Act may be also paid a lump-sum refund. Article 14 (Special Cases concerning Payment of Lump-Sum Refund to Individually Insured Persons and Voluntarily Insured Persons, etc.)
Article 15 (Special Cases concerning Payment of Lump-Sum Refund to Person to Whom Livelihood Stabilization Funds are Lent, etc.)
With respect to the request for and payment of a lump-sum refund, repayment of the lump-sum refund, etc. under Article 2 (1) of the Addenda of the amended National Pension Act (Act No. 6164), the provisions of Articles 67 (2) and (3) and 68 shall apply mutatis mutandis, respectively, and the participation period and pension premiums shall be included in the calculation of a lump-sum refund amount in consecutive order from the first participation period, and interest added shall be calculated based on the number of months, beginning with the month immediately following the month in which insured status is lost prior to the lending of funds money, and ending with the month in which request for the payment of a lump-sum refund is made. Article 16 (Applicability to Payment of Dependent Pension Amounts)
The provisions of Article 48 (1) of the amended National Pension Act (Act No. 6286) shall apply from the portion of dependent pension amounts to be paid after December 23, 2000, which is the date on which the same Act enters into force, with respect to a person who acquired entitlement to benefits before December 23, 2000, which is the enforcement date thereof. Article 17 (Applicability to Pension Payment Period)
The provisions of Article 50 (1) of the amended National Pension Act (Act No. 6286) shall apply from the time a person who applies for the payment of money to be returned or postponed pension premiums after December 23, 2000 which is the enforcement date thereof. Article 18 (Applicability to Ages of Eligibility for Benefits)
With respect to the ages of eligibility for benefits under Article 58 (3) of the amended National Pension Act (Act No. 6286), notwithstanding the provision pertaining to the ages of eligibility therefor, an age to which one year is added shall apply to persons who were born between 1953 and 1956, two years to persons who were born between 1957 and 1960, three years to persons who were born between 1961 and 1964, four years to persons who were born between 1965 and 1968, and five years to persons who were born from 1969. <Amended on Dec. 31, 2011> [Enforcement Date: Jan. 1, 2013] Article 18
Article 19 (Applicability to Inclusion of Additional Participation Period)
The amended provisions of Article 18 shall apply from the time a person first serves in the military under the Military Service Act since January 1, 2008; the amended provisions of Article 19 shall apply only to children born since January 1, 2008; where a child was born before December 31, 2007, an additional participation period shall be added according to the classifications in the following subparagraphs: 1. | Where one child was born before December 31, 2007: The amended provisions of Article 19 shall apply to the sum of the number of children born since January 1, 2008 and the number of children born before December 31, 2007; |
2. | Where two or more children were born before December 31, 2007: Eighteen months shall be added for each child born since January 1, 2008 but such period shall not exceed 50 months. |
Article 20 (Applicability to Calculation of Basic Pension Amount)
The basic pension amount under the main clause of Article 51 (1) for the years between 2008 and 2027 shall, notwithstanding the amended provisions of Article 51 (1), be the amount computed by multiplying the sum of the amounts mentioned in each subparagraph of Article 51 (1) by the ratio for the relevant year set forth in the following subparagraphs: Article 21 (Applicability to Ages of Eligibility for Benefits)
With respect to the ages of eligibility for benefits under the amended provisions of Article 70 (3), notwithstanding the provisions pertaining to the ages of eligibility therefor, an age to which one year is added shall apply to persons who were born between 1953 and 1956, two years to persons who were born between 1957 and 1960, three years to persons who were born between 1961 and 1964, four years to persons who were born between 1965 and 1968, and five years to persons who were born from 1969. <Amended on Dec. 31, 2011> [Enforcement Date: Jan. 1, 2013] Article 21
Article 22 (Transitional Measures concerning Status of Previously Individually Insured Persons)
Article 23 (Retroactive Application of Payment of Lump-Sum Refund to Foreigners Who Have Returned to their Home Countries, etc.)
The amended provisions of Article 126 (2) 2 and 3 shall also apply to foreigners who have returned to their home countries before May 11, 2007, which is the enforcement date of the amended National Pension Act (Act No. 8426) or to foreigners who fall under any of the subparagraphs of amended Article 77 (1). Article 24 (Transitional Measures concerning Foreigners who Workplace-Based Insured Persons)
Article 25 (Transitional Measures concerning Persons Excluded from Workplace-Based Insured Persons or Individually Insured persons)
(1) | A workplace-based insured person or an individually insured person under the provisions effective before the amended National Pension Act (Act No. 5623) enters into force, who is excluded from such status under the proviso to Article 8 (1), the former part of paragraph (2) of the same Article, and Article 10 of the same Act, shall be regarded as a workplace-based insured person or an individually insured person under the same provisions. |
(2) | When a workplace-based insured person or an individually insured person under paragraph (1) wishes to relinquish his or her insured status, he or she may abandon his or her insured status by filing an application with the Service, as prescribed by Ministerial Decree of Health and Welfare, notwithstanding the causes of loss of insured status under Article 12 (1) and (2) of the amended National Pension Act (Act No. 5623). |
Article 26 (Transitional Measures concerning Computation of Participation Period of Workplace-Based Insured Persons)
With respect to a delinquency period before April 1, 1999, the former provisions shall prevail, notwithstanding the proviso to Article 17 (2) and (3) of the amended National Pension Act (Act No. 5623). Article 27 (Transitional Measures concerning Payment of Benefits, etc.)
(1) | With respect to the payment of benefits for which grounds for payment arose before January 1, 1999, which is the date the amended National Pension Act (Act No. 5623) enters into force, the provisions of the same Act before amendment shall prevail. |
(2) | With respect to the calculation of the portion of the basic pension amount corresponding to the participation period before January 1, 1999, which is the date the amended National Pension Act (Act No. 5623) enters into force, the former provisions shall prevail, notwithstanding Article 47 of the same Act. |
Article 28 (Transitional Measures concerning Restitution of Unlawful Profits, etc.)
Article 29 (Transitional Measures concerning Divided Pensions)
With respect to a person to whom grounds arose for the payment of a divided pension under Article 57-2 (1) of the amended National Pension Act (Act No. 5623) before the date the same Act enters into force, the provisions of Articles 57-2 and 57-3 of the same Act pertaining to the divided pensions shall apply starting from the portion of the old-age pension benefits to be paid after January 1, 1999, which is the date the same Act enters into force. Article 30 (Transitional Measures concerning Pension Premiums of Formerly Individually Insured Persons)
The pension premiums of a person who is qualified as an individually insured person (including persons who have been converted from an individually insured person into a voluntarily and continuously insured person) under the former provisions of the amended National Pension Act (Act No. 5623) during the period from January 1, 1999 to March 31, 1999 shall comply with the former provisions of the amended National Pension Act (Act No. 5623) during the period from January 1999 to March 1999. Article 31 (Transitional Measures concerning Payment of Pension Benefits)
The pension benefits for the month in which the amended National Pension Act (Act No. 6286) enters into force and for the preceding month thereof shall be paid on the last day of the month in which the same Act enters into force. Article 32 (Transitional Measures concerning Recipients of Assistance under National Basic Living Security Act) Article 33 (Transitional Measures concerning Payment of Benefits, etc.)
(1) | With respect to the payment of benefits, grounds for the payment of which arose before the amended National Pension Act (Act No. 6286) enters into force, the former provisions shall prevail. |
(2) | Where an amount calculated under Article 47 (1) 1 of the amended National Pension Act in force is smaller than 1,271,595 won, it shall be regarded as 1,271,595 won, notwithstanding the provisions of the same subparagraph. |
Article 34 (Transitional Measures concerning Payment of Benefits, etc.)
(1) | With respect to the payment of benefits, grounds for the payment of which arose before this Act enters into force, the former provisions shall prevail. |
(2) | With respect to the calculation of the basic pension amount corresponding to the participation period before this Act enters into force, the former provisions shall prevail, notwithstanding the amended provisions of Article 51. |
(3) | The basic pension amount under the main clause of Article 51 (1) for the participation period for each year from 2008 to 2027 shall be calculated by multiplying the sum of the amounts in each subparagraph of Article 51 (1) by the ratio for the relevant year in each subparagraph of Article 20 of the Addenda. |
Article 35 (Transitional Measures concerning Suspension of Payment of Early Old-Age Pensions)
With respect to a person who has acquired entitlement to an early old-age pension before this Act enters into force and for whom the payment of an early old-age pension is suspended because he or she is engaged in income-earning activities at the time this Act enters into force, or thereafter, the amended provisions of Article 66 (2) shall also apply: Provided, That the period for which the payment of benefits is suspended because a person is engaged in income-earning activities before this Act enters into force shall be included in the existing period of payment under the amended provisions of Article 66 (2) 1, and where the ratio calculated under the same subparagraph is smaller than the ratio calculated under the former provisions, the former ratio shall prevail. Article 36 (Transitional Measures concerning Annuitants of Disability Pensions)
(1) | With respect to a person who is determined to have been completely cured before this Act enters into force or for whom two years have passed since the date of first medical examination, the former provisions shall prevail, notwithstanding the amended provisions of Article 67 (1). |
(2) | With respect to a person whose date of first medical examination precedes the date this Act enters into force, where the application of the amended provisions of Article 67 (2) is unfavorable to the person when compared with those of the former provisions, the former provisions shall prevail. |
(3) | With respect to a person whose date of first medical examination precedes the date this Act enters into force, the former provisions shall prevail, notwithstanding the amended provisions of Article 85. |
Article 37 (Transitional Measures concerning Protection of Entitlements to Benefits, etc.)
(1) | The abolishment of Articles 57-2 (3) and 93-2 of the amended National Pension Act (Act No. 8426) shall also apply to the persons who acquired entitlement to benefits before this Act enters into force. |
(2) | The amended provisions of Articles 52 (1), 56, 58 (2), 62, 63 (2) and (3), 65 (2) and (4), 70 (3) and 81 shall also apply to the persons who acquired entitlement to benefits before this Act enters into force. |
Article 38 (Transitional Measures concerning Persons Responsible for Filing Report on Death of Insured Person, etc.)
Article 39 (Transitional Measures concerning Application for Coverage, Verification of Insured Status, etc.)
Any verification, etc. or other acts conducted by the Service or various kinds of reports, applications, etc. or other acts conducted for the Service under the former provisions at the time this Act enters into force shall be deemed an act conducted by or for the Service under the relevant provisions of this Act.
Article 40 (General Transitional Measures concerning Disposition, etc.)
An act conducted by or toward an administrative agency under the former provisions at the time this Act enters into force shall be deemed an act conducted by or toward an administrative agency under the relevant provisions of this Act.
Article 41 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
When applying provisions pertaining to penalties or administrative fines for acts committed before this Act enters into force, the former provisions shall prevail.
Article 42 Omitted.
Article 43 (Relationship with Other Statutes and Regulations)
A citation to the former provisions of the National Pension Act by other statutes and regulations at the time this Act enters into force shall be deemed a citation to the corresponding provisions of this Act in lieu of the former provisions if provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 8635, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 44 Omitted.
ADDENDA <Act No. 8728, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... the amendments to the Acts, which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective Acts. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9385, Jan. 30, 2009>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9431, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9691, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Article 2 (Applicability concerning Service of Documents)
The amended provisions of Articles 88-2 (3), 95 (3) and 96 shall apply to the first and subsequent notices or demands made by the Health Insurance Service after this Act enters into force. Article 3 (Transitional Measures concerning Notice, Demand and Disposition on Arrears of Pension Premiums and Other Dues under This Act)
Notice, demand and disposition on arrears concerning pension premiums or other dues under this Act performed by the Service according to former provisions at the time this Act enters into force shall be deemed to have been performed by the Service or Health Insurance service in accordance with the amended provisions of Articles 57-2, 88-2 and 95. Article 4 (Transitional Measures concerning Requests for Examination)
Applications for examination concerning pension premiums and related dues made to the Service before this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 108 (1) and (2). Article 5 (Transitional Measures concerning Disposition, etc.)
Acts by or toward the Service concerning the collection of pension premiums, arrears and additional charges according to former provisions before this Act enters into force shall be deemed acts by or towards the Service.
ADDENDA <Act No. 9754, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That Article 5 (5) of the Addenda shall enter into force on January 1, 2011. Articles 2 through 6 Omitted.
ADDENDA <Act No. 10305, May 20, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10682, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10783, Jun. 7, 2011>
(1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 8 (1) and (3), 16, 17 (1), 17-2, 88 (5), and 100-2 shall enter into force six months after the date of its promulgation. |
(2) | (Applicability to Exclusion from Calculation of Dependent Pension Amounts) The amended provisions of Article 52 (3) shall apply to a person who acquires entitlement to pension benefits on or after this Act enters into force. |
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... Article 3 of the Addenda shall enter into force one year after the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDA <Act No. 11024, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 11143, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation; Provided, That the amended provisions of Articles 129 through 132 shall enter into force on the date of its promulgation, the amended provisions of Articles 54 (2), 73 and 75 shall enter into force three months after the date of its promulgation, the amended provisions of Articles 100-3 and 100-4 shall enter into force on July 1, 2012, and the amended provisions of Articles 8, 18 and 21 of the Addenda to the wholly amended National Pension Act (Act No. 8541) shall enter into force on January 1, 2013. Article 2 (Applicability to Duration and Timing of Pension Benefits Payment)
(1) | The amended provisions of Article 54 (1) shall only apply to the pension premiums in arrears accrued after this Act enters into force. |
(2) | The amended provisions of Article 54 (2) shall apply, starting from the month immediately following the month in which this Act enters into force. |
Article 3 (Applicability to Persons Entitled to Apply for Unpaid Benefits and Exclusion Period)
The amended provisions of Article 55 (1) and (3) shall apply, starting from the unpaid benefits accrued after this Act enters into force. Article 4 (Applicability to Recovery of Benefits, etc.)
(1) | Accrued interest pursuant to the amended provisions of Article 57 (2) shall only be added to benefits subject to recovery due to reasons that arise after this Act enters into force. |
(2) | Arrears accrued under the amended provisions of Article 57 (3) shall be added to the amount of recovery outstanding as of the enforcement date of this Act, and a new demand for payment of an amount of recovery, including matters concerning arrears added thereto shall be made. |
Article 5 (Applicability to Persons Entitled to Apply for Lump-Sum Death Payments)
The amended provisions of Article 80 (1) shall only be applied to the lump-sum death payment which occurs after this Act enters into force. Article 6 (Special Cases concerning Ages of Beneficiaries Subject to Postponement of Pension Benefits Payment)
With regard to the ages of beneficiaries subject to postponement of pension benefits payment prescribed in the amended provisions of Article 62 (1), notwithstanding respective provisions pertaining to the ages of beneficiaries subject to postponement of pension benefits payment therein, one year shall be added to the ages of those who were born between 1953 and 1956, two years to the ages of those who were born between 1957 and 1960, three years to the ages of those who were born between 1961 and 1964, four years to the ages of those who were born between 1965 and 1968, and five years to the ages of those who were born after 1969. Article 7 (Special Cases concerning Pension Premium Subsidies for Farmers and Fishers)
A farmer or fisherman who has converted from a workplace-based insured person or voluntarily insured person to a voluntarily and continuously insured person (excluding an employee or employer of a mandatorily applicable workplace and any person referred to in each subparagraph of Article 9) shall be provided with a subsidy through the special accounts for the structural improvement of agricultural and fishing villages within 50/100 of the pension premiums payable by the person in question by December 31, 2014, as prescribed by Presidential Decree, notwithstanding Article 88 (3). <Amended on Jan. 14, 2014> Article 8 (Transitional Measures concerning Penalty Provisions)
The former penalty provisions shall apply to acts conducted before the amended provisions of Article 132 enter into force. Article 9 (Transitional Measures concerning Alteration of Method of Description of Eligible Ages for Benefits)
Notwithstanding the amended provisions of Articles 8, 18 and 21 of the Addenda to the wholly amended National Pension Act (Act No. 8541), the former provisions shall apply to persons who acquire entitlement to benefits before this Act enters into force.
ADDENDUM <Act No. 11511, Oct. 22, 2012>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 8-2 and 8-3 of the Addenda to the wholly amended National Pension Act (Act No. 8541) shall enter into force on January 1, 2013.
ADDENDA <Act No. 11599, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11644, Mar. 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Disclosure of Minutes of Operation Committee Meetings)
The amended provisions of Article 103-2 (2) shall apply to the minutes of a meeting of the Operation Committee held on or after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11974, Jul. 30, 2013>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 12242, Jan. 14, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13100, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 19-2 shall enter into force on July 1, 2015, and the amended provisions of Article 90-2 shall enter into force three months after the date of their promulgation. Article 2 (Applicability to Payment of Old Age Pensions Based on Income Earning Activities)
The amended provisions of Article 63-2 shall apply beginning with a person who acquires entitlement to an old age pension after this Act enters into force. Article 3 (Applicability to Payment Methods of Pension Premiums, etc.)
The amended provisions of Article 90-2 shall apply beginning with the first pension premiums the payment of which is first notified after the aforesaid amended provisions enter into force. Article 4 (Special Cases concerning Age to Receive Benefits)
Among the amended provisions of Article 62 (2) and (4), notwithstanding the provisions on the age to receive benefits, the age to receive benefits shall be the age adding one year for persons born from 1953 to 1956, the age adding two years for persons born from 1957 to 1960, the age adding three years for persons born from 1961 to 1964, the age adding four years for persons born from 1965 to 1968, and the age adding five years for persons born in and after 1969, respectively. Article 5 (Transitional Measures concerning Incompetents, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 35, the former provision shall apply to persons in whose case the effect of the declaration of incompetent or quasi-incompetent is maintained pursuant to Article 2 of Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13364, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 97 (1) and (2) shall enter into force one year after the date of their promulgation. Article 2 (Applicability to Liability to Make Second Payment)
(1) | Liability of a partner with unlimited liability of a corporation or oligopolistic shareholder to make a second payment under the amended provision of Article 90-2 (1) shall apply beginning with pension premiums, arrears, and expenses incurred in collecting delinquent pension premiums notified for the first time after this Act enters into force. |
(2) | Liability of a transferee of business to make a second payment under the amended provision of Article 90-2 (2) shall apply beginning with the first person who has obtained business by transfer after this Act enters into force. |
Article 3 (Applicability to Certification of Payment of Pension Premiums, etc.)
Liability of a person liable to pay to certify the payment of pension premiums under the amended provision of Article 95-2 (1) shall apply beginning with the first person who is paid the price for a contract after this Act enters into force. Article 4 (Applicability to Arrears)
The amended provisions of Article 97 (1) and (2) shall apply beginning with the first pension premium whose payment deadline comes after the aforesaid provisions enter into force.
ADDENDA <Act No. 13642, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 8 (3) and 9 (4) shall enter into force on January 1, 2016, and the amended provisions of Articles 64-2 and 64-3 shall enter into force one year after the date of their promulgation. Article 2 (Applicability to Annuitants, etc. of Divided Pension)
(1) | The amended provisions of Article 64-2 shall apply beginning with cases where the first reason for payment of a divided pension arises after this Act enters into force. |
(2) | The amended provisions of Article 64-3 shall apply beginning with cases where the first prior demand for a divided pension is made after this Act enters into force. |
Article 3 (Transitional Measures concerning National Pension Research Institute)
The National Pension Research Institute established pursuant to the Regulations on the Organization of the former National Pension Service at the time this Act enters into force shall be deemed the National Pension Research Institute established pursuant to this Act.
ADDENDA <Act No. 14214, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Additional Inclusion of Period of Military Service in Period of Participation in National Pension Plan)
The amended provisions of Article 18 (1) and (2) shall also apply to persons who have fulfilled the following liability for military service under the Military Service Act from January 1, 2008 before this Act enters into force: 1. | Soldiers in active service; |
2. | Persons who were engaged in converted service other than military service; |
4. | Social service workers; |
5. | Personnel who provide service for international cooperation under the Military Service Act before amended by Act No. 13778; |
Article 3 (Applicability to Period of Demand for Divided Pension)
The amended provision of Article 64 (3) shall also apply to a person in whose case three years do not elapse from the time he or she meets all the requirements to receive a divided pension at the time this Act enters into force. Article 4 (Applicability to Transitional Measures concerning Disability Pension)
(1) | The amended provisions of Articles 67 and 85 (limited to restrictions on the payment of disability pension benefits following default in payment of pension premiums) shall apply beginning with cases where the date of the first medical examination (in cases of the amended provisions of Article 67 (2) 3 and 4, referring to the date of demand) falls after this Act enters into force. |
(2) | Notwithstanding the amended provisions of paragraph (1) and Articles 67 and 85 (limited to restrictions on the payment of disability pension benefits following default in payment of pension premiums), the former provisions shall apply to cases where a person may receive disability pension benefits pursuant to the former provisions, in which cases the date of the first medical examination falls before two years elapse from the enforcement date of this Act. |
Article 5 (Applicability to Transitional Measures concerning Survivor Pension)
(1) | The amended provisions of Articles 72 and 85 (limited to restrictions on the payment of survivor pension benefits following default in payment of pension premiums) shall apply beginning with cases where the date of death falls after this Act enters into force. |
(2) | Notwithstanding the amended provisions of paragraph (1) and Articles 72 and 85 (limited to restrictions on the payment of survivor pension benefits following default in payment of pension premiums), the former provisions shall apply where a person may receive survivor pension benefits pursuant to the former provisions, in which cases the date of death falls before two years elapse from the enforcement date of this Act. |
(3) | The amended provisions of Articles 73 (1) 2, 75 (1) 4 and 76 (1) 2 shall also apply to a person who has been receiving survivor pension benefits at the time this Act enters into force. |
Article 6 (Applicability to Deferred Payment of Pension Premiums)
The amended provision of Article 92 (1) shall also apply to a period during which a person fails to pay pension premiums because he or she falls under any of the following before this Act enters into force: 1. | A person who falls under subparagraph 1 of Article 9 since April 1, 1999; |
2. | A person who falls under subparagraph 4 of Article 9 since April 1, 2001. |
3. | A person who falls under subparagraph 5 of Article 9 since January 1, 2008. |
Article 7 (Applicability to Support of Pension Premiums)
The amended provision of Article 100-3 (1) shall also apply to pension premiums supported after this Act enters into force to persons eligible for support of pension premiums under the former provision at the time this Act enters into force. Article 8 (Applicability to Report of Death)
The amended provision of Article 121 (2) shall also apply to where a person makes a report of annuitant's or beneficiary's death pursuant to the Act on the Registration, etc. of Family Relationships within one month from the date on which he or she knows the death of the annuitant or beneficiary before this Act enters into force. Article 9 (Special Cases concerning Calculation of Period Subject to Participation in National Pension Program)
(1) | A person who reached the age of 18 before April 1, 1999 on which the amended provisions of Articles 8 and 10 of the National Pension Act partly amended by Act No. 5623 entered into force shall be deemed to have reached the age of 18 under the amended provision of Article 3 (1) 19 on April 1, 1999. |
(2) | Where a person who falls under paragraph (1) paid pension premiums before April 1, 1999, the period during which he or she paid pension premiums shall be included in the participation period of National Pension Plan. |
Article 10 Omitted.
ADDENDA <Act No. 14438, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14693, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 90-3 (1) shall enter into force on the date of its promulgation. Article 2 (Applicability to Suspension, etc. of Payment of Early Old-Age Pension)
The amended provisions of Article 66 (1) through (4) shall also apply to persons who receive an early old-age pension at the time this Act enters into force.
ADDENDA <Act No. 14921, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 75 (1) and 76 shall enter into force six months after the date of their promulgation. Article 2 (Applicability to Suspension of Payment of Survivor Pensions)
The amended provisions of Article 76 shall apply beginning with the first cases where an annuitant who is a child or grandchild is adopted by another person or where a person who is entitled to benefits due to a disability no longer has such disability in the second degree or higher after the aforesaid amended provisions enter into force. Article 3 (Applicability to Deferred Payment of Pension Premiums)
The amended provisions of Article 92 shall also apply where an insured person repays a lumps sum refund pursuant to Article 78 before this Act enters into force. Article 4 (Applicability to Period of Extinctive Prescription of Lump Sum Refunds)
The amended provision of Article 115 (1) shall also apply to the right to receive a lump sum refund under Article 77 (1) 1, the period of prescription of which has not expired at the time this Act enters into force.
ADDENDA <Act No. 15267, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Annuitants of Divided Pension)
The amended provisions of Article 64 (1) and (4) shall begin to apply where the first reasons for paying the divided pension occurred after this Act enters into force.
ADDENDA <Act No. 15522, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 30 Omitted.
ADDENDUM <Act No. 15876, Dec. 11, 2018>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 57-2 (3), 95 (5) through (7), and 95-3 (2) through (4) shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16240, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 51 and Article 3 of the Addenda shall enter into force on the date of its promulgation. Article 2 (Applicability to Applicable Period of Basic Pension Amount)
The amended provisions of Article 51 shall begin to apply to the benefits of the month in which the date of promulgation falls. Article 3 Omitted.
ADDENDA <Act No. 16652, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16761, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 16867, Jan. 21, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 97 shall enter into force on January 16, 2020; the amended provisions of Articles 100-4, 100-5, and 123 shall enter into force on July 1, 2020; and the amended provisions of Articles 123-2 and 128 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Arrears)
The amended provisions of Article 97 (1) and (2) shall apply beginning with the first pension premium whose payment deadline comes after the same amended provisions enter into force. Article 3 (Applicability to Pension Premium Subsidy for Farmers and Fishermen)
Article 4 (Special Cases concerning Report on Evaluation of Pension Premium Subsidy Business)
After three years have passed from the date of the first subsidy for pension premiums under the amended provisions of Article 100-4, the Minister of Health and Welfare shall evaluate the relevant business without delay and report the results thereof to the competent standing committee of the National Assembly.
ADDENDA <Act No. 17758, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 17774, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 92 (1) shall enter into force on the date of its promulgation. Article 2 (Applicability to Lump-Sum Death Payment)
The amended provisions of Article 80 shall begin to apply to cases where a person falling under paragraph (1) 2 or 3 of the same Article dies after this Act enters into force. Article 3 (Applicability to Deferred Payment of Postponed Pension Premiums)
The amended provisions of Article 92 (1) shall begin to apply to those who apply for deferred payment of postponed pension premiums after this Act enters into force. Article 4 (Applicability to Provision of Materials regarding Delinquencies)
The amended provisions of Article 95-4 shall also apply to an employer who is delinquent in the payment of premiums for at least one year from the date following the payment deadline as at the time this Act enters into force.
ADDENDA <Act No. 18212, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Calculation of Participation Period and Calculation of Basic Pension Amount)
The amended provisions of Articles 17 (3) through (5) and 51 (1) 2 (a) shall also apply to pension premiums in arrears by a workplace-based insured employer as at the time this Act enters into force. Article 3 (Transitional Measures concerning Special Committee of National Pension Fund Management)
The National Pension Fund Operation Expert Committee for Investment Policy, National Pension Fund Operation Expert Committee for the Responsibility of Trustees, the National Pension Fund Operation Expert Committee for Risk Management and Performance Compensation established under the previous Enforcement Decree of the National Pension Act as at the time this Act enters into force shall be deemed the Special Committee on Investment Policy of the National Pension Fund, the National Pension Fund Fiduciary Duty Expert Committee, the Special Committee on Risk Management and Performance Evaluation and Compensation of the National Pension Fund established under the amended provisions of Article 103-3, respectively.
ADDENDUM <Act No. 18326, Jul. 27, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18608, Dec. 21, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 19294, Mar. 28, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Deferred Payment of Pension Premiums)
The amended provisions of Article 92 (1) shall also apply to a period during which pension premiums have not been paid under the proviso of Article 8 (2) after the pension premiums have been paid for the first time pursuant to the main clause of Article 8 (2) of the partially amended National Pension Act (Act No. 13100) before this Act enters into force.