The purpose of this Decree is to prescribe matters mandated by the Disability Pension Act and matters necessary for the enforcement thereof.
| Article 2 (Scope of Persons with Severe Disabilities) |
[This Article Wholly Amended on Jun. 30, 2014]
| Article 3 (Scope of Income) |
The scope of income considered for calculating the amount assessed as income under the latter part of subparagraph 6 of Article 2 of the Act shall be as follows: <Amended on Apr. 17, 2012; Dec. 21, 2012; Jun. 30, 2014; Jun. 21, 2016; Jun. 21, 2016; Jul. 12, 2016; Aug. 28, 2018; Jun. 9, 2020> | (a) | Interest income: Income exceeding the amount publicly notified pursuant to Article 2 (1) 3 (a) of the Enforcement Decree of the Basic Pension Act, out of the aggregate of interest, dividends, and discounts under subparagraph 1 (f) of Article 8; provided, where the Minister of Health and Welfare has separately determined and publicly notified the amount, the income shall be the amount exceeding that notification; |
| 5. | Private Transfer Income: Money and valuables received by a beneficiary from his or her lineal blood relatives in the first degree of consanguinity and his or her spouse, which exceeds the amount determined by the Minister of Health and Welfare, which includes housing expenses, food and drinking expenses, clothing expenses, etc. |
| Article 4 (Criteria for Selection of Eligible Recipients) |
| (1) | The Minister of Health and Welfare shall determine and publicly notify the income eligibility threshold under Article 4 (1) of the Act (hereinafter referred to as "income eligibility threshold") by December 31 of the previous year. <Amended on Jun. 30, 2014> |
| (2) | The income eligibility threshold for persons with severe disabilities with spouses shall be calculated pursuant to paragraph (1) by multiplying the income eligibility threshold for persons with severe disabilities without spouses by 160/100. |
| (3) | The income eligibility threshold shall be effective from January 1 through December 31 of the following year. |
| (4) | The Minister of Health and Welfare shall have a prior consultation with the heads of relevant central administrative agencies when determining the income eligibility threshold pursuant to paragraph (1). |
| Article 5 (Persons Excluded from Eligibility for Disability Pensions) |
"Person prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs of, Article 4 (3) of the Act means any of the following persons: <Amended on Aug. 28, 2018> | 1. | Any of the following persons who have received pensions under Article 4 (3) 1 of the Act: |
| (a) | A person who has received a retirement pension in a lump sum or a retirement pension in a lump sum after deduction; |
| (b) | A person for whom less than 5 years have passed since receiving a lump-sum payment for disability, lump-sum payment for disability for reasons other than official duties, or lump-sum payment for non-service disability; |
| (c) | A person for whom less than 5 years have passed since receiving a lump-sum retirement pension for survivors or lump-sum payment on retirement for survivors; |
| 2. | Any of the following persons who have received pensions under Article 4 (3) 2 of the Act: |
| (a) | A person who has received a retirement pension in lump sum or retirement pension in a lump sum after deduction; |
| (b) | A person for whom less than 5 years have passed since receiving survivor's pension in a lump sum; |
| 3. | Any of the following persons who have received pensions under Article 4 (3) 3 of the Act: |
| (a) | A person who has received a retirement pension in a lump sum or a retirement pension in a lump sum after deduction; |
| (b) | A person for whom less than 5 years have passed since receiving survivor's pension in a lump sum; |
[This Article Added on Jun. 30, 2014]
| Article 5 (Calculation and Reduction of Basic Benefit Amount) |
| (1) | The basic benefit amount under Article 6 (1) of the Act (hereinafter referred to as "basic benefit amount") shall be calculated by adding or subtracting the amount, obtained by multiplying the basic benefit amount for the previous year by the rate of changes in the national consumer prices for the previous year compared to the year before, to or from the basic benefit amount for the preceding year. In such cases, the rate of changes applied when adjusting the amount under Article 51 (1) of the National Pension Act pursuant to Article 51 (2) shall be taken into consideration for purposes of applying the rate of changes in the national consumer prices for the previous year. <Added on Jun. 30, 2014> |
| (2) | Pursuant to Article 6 (4) of the Act, the basic benefit amount payable to a person whose sum of amount counted as income and basic benefit amount meets or exceeds the income eligibility threshold shall be determined as follows: <Amended on Jun. 30, 2014> |
| 1. | Where the amount calculated by subtracting the amount counted as income from the income eligibility threshold does not exceed 20,000 won: 20,000 won; |
| 2. | Where the amount calculated by subtracting the amount counted as income from the income eligibility threshold exceeds 20,000 won: The standard amount shall be obtained by deducting the amount counted as income from the income eligibility threshold and rounded up to the nearest 20,000 won increment. |
| (3) | Notwithstanding paragraph (2), if both an eligible recipient and his or her spouse receive basic benefits and if their combined amount deemed as income plus their basic benefit amounts they receive pursuant to Article 6 (3) of the Act exceeds the income eligibility threshold, the basic benefit amount shall be determined as follows: <Amended on Jun. 30, 2014> |
| 1. | Where the amount calculated by subtracting the amount counted as income from the income eligibility threshold does not exceed 40,000 won: 40,000 won; |
| 2. | Where the amount calculated by subtracting the amount counted as income from the income eligibility threshold exceeds 40,000 won: The standard amount shall be obtained by subtracting the amount counted as income from the income eligibility threshold and rounded up to the nearest 40,000 won increment. |
[Title Amended on Jun. 30, 2014]
| Article 6 (Supplemental Benefit Amount) |
The supplemental benefit amount under Article 7 of the Act shall be as specified in Appendix 1. <Amended on Jun. 30, 2014>
| Article 7 (Application Methods and Procedures) |
| (1) | A person who intends to apply for the payment of a disability pension pursuant to Article 8 (1) of the Act shall submit an application form prescribed by Ministerial Decree of Health and Welfare to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), along with the following documents: <Amended on Aug. 31, 2012; Jun. 30, 2014; Jun. 25, 2019> |
| 1. | Reports on income and property prescribed by Ministerial Decree of Health and Welfare; |
| 2. | Documents verifying the degree of disability (only applicable where a public official of the Ministry of Health and Welfare or a Special Self-Governing City, a Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) is unable to verify the details thereof or where discrepancies exist with the details stated in public records); |
| 3. | Written consent for the provision of financial information, etc. under Article 8 (including written consent from the spouse; hereinafter the same shall apply) prescribed by Ministerial Decree of Health and Welfare; |
| 4. | Any of the following documents verifying the identity of the person who intends to receive a disability pension (hereinafter referred to as "disability benefit seeker"), which fall under any of the following: |
| (a) | Resident registration certificate; |
| (c) | Certificate of registration as a person with disabilities; |
| 5. | Power of attorney prescribed by Ministerial Decree of Health and Welfare and documents verifying personal information of an agent, which fall under any item of subparagraph 4 (limited to where the agent acts on behalf of the applicant); |
| 6. | Disability reports, examination results, medical records, etc. (limited to persons subject to re-examination of the degree of disability under Article 9) under regulations on the methods and standards for examination of the degree of disability prescribed by Ministerial Decree of Health and Welfare (hereinafter referred to as "Examination Regulations"); |
| 7. | Copy of the bankbook for an account into which the disability pension is to be deposited. |
| (2) | When a public official of a Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu applies for disability pension payments on behalf of a disability benefit seeker or an eligible recipient residing within his or her jurisdiction pursuant to Article 8 (2) of the Act, he or she shall require the submission of documents falling under paragraph (1) 1, 3, 6, and 7. <Amended on Jun. 30, 2014> |
| (3) | Upon receiving an application for the payment of a disability pension pursuant to paragraph (1) or (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall complete the disability pension application register prescribed by Ministerial Decree of Health and Welfare, and verify the disability benefit seeker's or eligible recipient's family relation certificate and the building registration certificate and land registration certificate, among income and property-related documents of the disability benefit seeker or eligible recipient through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the disability benefit seeker or eligible recipient does not consent to the verification, the documents shall be provided. <Amended on Jun. 30, 2014> |
| Article 8 (Scope of Financial Information) |
"Data or information prescribed by Presidential Decree" in Article 8 (3) 1 through 3 of the Act means the following financial, credit, and insurance information (hereinafter referred to as "financial information, etc."): <Amended on Jun. 30, 2014; Jul. 12, 2016> | 1. | Financial Information under Article 8 (3) 1 of the Act; |
| (a) | Demand deposits, such as ordinary deposits, savings deposits, and free savings deposits: Average balance over the last 3 months; |
| (b) | Savings deposits, such as time deposits, term deposits, and term savings: Balance or gross deposits; |
| (d) | Bonds, bills, checks, certificates of obligation, and certificates of preemptive right to new stocks: Par value; |
| (e) | Annuity savings: Periodic payment amount or final balance; |
| (f) | Interest and dividend or discount amount incurred from financial property falling under any of items (a) through (e); |
| 2. | Credit information under Article 8 (3) 2 of the Act: |
| (a) | Loan status and details of payment in arrears; |
| (b) | Outstanding balance on credit cards; |
| 3. | Insurance information under Article 8 (3) 3 of the Act: |
| (a) | Insurance policies: Refundable amount upon cancellation or insurance money made within the last year; |
| (b) | Annuity insurance: Refundable amount upon cancellation or periodic payment amount. |
| Article 8-2 (Provision of Information on Disability Pension) |
| (1) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall provide the following information on disability pension to persons with severe disabilities pursuant to Article 8-2 (1) of the Act: |
| 1. | Scope of eligible recipients under Article 4 of the Act; |
| 2. | Types and details of disability pension under Articles 5 through 7 of the Act; |
| 3. | Matters regarding the methods and procedures for applying for disability pension under Article 8 of the Act. |
| (2) | The Information referred to in Article 8-2 (1) of the Act may be provided via e- mail, in writing, by telephone, fax, or other means. |
[This Article Added on Jul. 12, 2016]
| Article 9 (Persons subject to Re-Examination of Degree of Disability and Methods of Re-Examination) |
| (1) | A person subject to re-examination of the degree of disability under Article 9 (2) of the Act shall have applied for disability pension pursuant to Article 8 (1) and (2) of the Act; provided, this shall not apply to any of the following persons: <Amended on Jun. 30, 2014; Jun. 25, 2019> |
| 1. | A person whose type and degree of disability have been determined through an examination by a specialized institution prescribed by Ministerial Decree of Health and Welfare according to the Examination Regulations; provided, this shall not apply to persons deemed necessary to undergo diagnosis of disability to adjust the degree of disability based on changes in disability conditions under Article 32 (3) of the Act on Welfare of Persons with Disabilities, as determined by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu; |
| 2. | A person 65 years of age or older; |
| 3. | Any other person recognized by the Minister of Health and Welfare as having reasonable grounds not to undergo re-examination of the degree of disability due to a significantly low possibility of changes in disability status. |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall examine in writing whether the type and degree of disability stated in the documents submitted by an eligible person under paragraph (1) pursuant to Article 7 (1) 6 falls within the category of severe disabilities under Article 2. <Amended on Jun. 30, 2014; Jun. 25, 2019> |
| (4) | Except as provided in paragraphs (1) through (3), the Examination Regulations shall apply to the detailed methods and standards for re-examination of the degree of disability. <Amended on Jun. 25, 2019> |
[Title Amended on Jun. 15, 2019]
| Article 9-2 (Management of Applicants' History of Seeking Disability Pension) |
| (1) | An application under Article 10-2 (2) of the Act shall be valid for five years from the date of submission; provided, where a person who has submitted an application pursuant to Article 10-2 (2) of the Act (hereinafter referred to as "applicant for management of history of seeking pension") becomes eligible for disability pension pursuant to Article 10 of the Act after the application is submitted, the validity period of the application shall be deemed to expire on the date of eligibility. |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall verify whether an applicant for management of history of seeking pension may fall within the scope of eligible recipients pursuant to Article 10-2 (3) of the Act at the following times: |
| 1. | When the Minister of Health and Welfare publicly notifies the income eligibility threshold pursuant to Article 4 (1); |
| 2. | When there are changes to the method of calculating amount counted as income. |
| (3) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall inform persons verified as likely eligible recipients pursuant to Article 10-2 (4) of the Act about the methods, procedures, etc. for applying for disability pension under Article 7 (1) by telephone, in writing, via e-mail, or text message, etc. |
[This Article Added on Jul. 17, 2017]
| Article 10 (Request for Financial Information and Provision thereof) |
| (1) | If the Minister of Health and Welfare requests the head of a financial institution defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or the head of a centralized credit information collection agency under Article 25 (2) 1 of the Credit Information Use and Protection Act (hereinafter referred to as "financial company, etc.") to provide financial information, etc. on disability benefit seekers, applicants for management of history of seeking pension, eligible recipients, or recipients and their respective spouses pursuant to Article 12 (1) and (2) of the Act, such request shall be made in writing, specifying the following matters: <Amended on Jun. 30, 2014; Jul. 17, 2017; Aug. 4, 2020> |
| 1. | Names and resident registration numbers of disability benefit seekers, applicants for management of history of seeking pension, eligible recipients, or recipients and their respective spouses; |
| 2. | Scope of financial information, etc. requested, base inquiry date, and inquiry period. |
| (2) | Upon receiving a request to provide financial information, etc. under paragraph (1), the head of a financial company, etc. shall provide financial information, etc. in writing, specifying the following matters: <Amended on Jun. 30, 2014; Jul. 17, 2017> |
| 1. | Names and resident registration numbers of disability benefit seekers, applicants for management of history of seeking pension, eligible recipients, or recipients and their respective spouses; |
| 2. | Names of financial companies, etc. providing financial information, etc.; |
| 3. | Names of financial products and bank account numbers to be provided; |
| 4. | Details of financial information, etc. |
| (3) | If an association, federation, or central federation (hereinafter referred to as "association, etc.") financial companies, etc. are affiliated with manages an information and communications network regarding financial information, etc., the Minister of Health and Welfare may request the heads of financial companies, etc. to provide financial information, etc. under paragraph (1) through the information and communications network of the association, etc. |
| (4) | If the Minister of Health and Welfare requests the provision of financial information, etc. of a recipient and his or her spouse pursuant to Article 12 (2) of the Act, it may be done to the minimum extent necessary for the inspection under Article 11 (1) of the Act, only in cases falling the following subparagraphs: |
| 1. | Where the amount of income calculated on the basis of the value of financial property of the recipient (including his or her spouse, if any) is at least 50/100 of the income eligibility threshold; |
| 2. | Where the recipient's amount counted as income is at least 70/100 of the income eligibility threshold; |
| 3. | Where it is necessary to regularly verify whether the recipient is eligible to receive pension pursuant to Article 11 of the Act. |
| Article 11 (Period and Timing of Disability Pension Payment) |
| (1) | Pursuant to Article 13 (1) of the Act, a disability pension shall be disbursed on the 20th day of each month (if the 20th day falls on a Saturday or holiday, the preceding day thereof; hereinafter the same shall apply) by depositing it into an account held at a financial company (referring to the account held at a postal service agency under the Postal Savings and Insurance Act or at a bank under the Banking Act; hereinafter the same shall apply) in the name of a recipient designated by him or her: <Amended on Nov. 15, 2010> |
| (2) | Notwithstanding paragraph (1), if the account at a financial company designated by a recipient does not exist, or if the deposit is not made on the 20th day of each month for reasons such as the account being in another person's name, an account at a financial company in the recipient's name may be re-designated and the deposit shall be made on the last day of each month. |
| (3) | Notwithstanding paragraph (1), if the recipient falls under any of the following subparagraphs, the deposit may be made into an account in the name of the recipient's spouse, lineal blood relative, or collateral blood relative up to the third degree of relationship. <Amended on Jun. 30, 2014> |
| 1. | Where the adjudication of commencement of adult guardianship, limited guardianship, or specific guardianship becomes final and conclusive; |
| 2. | Where a pecuniary claim is seized due to default; |
| 3. | Where it is impracticable to open or use an account in his or her name due to dementia or any other reasons for incapacity as determined by the Minister of Health and Welfare. |
| (4) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who intends to pay disability pension into the account under paragraph (3) shall give information on matters such as the grounds for the payment, purpose of using the disability pension deposited, prohibition of using it for other purposes, etc., as determined by the Minister of Health and Welfare. <Amended on Jun. 30, 2014> |
| (5) | A person who intends to receive disability pension through an account under paragraph (3) after receiving information under paragraph (4) shall submit relevant documents prescribed by Ministerial Decree of Health and Welfare to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Jun. 30, 2014> |
| (6) | Notwithstanding paragraph (1), if there exists any other unavoidable reason such as a recipient or a person who will receive the deposit pursuant to paragraph (3) residing in an area without access to a bank or postal service agency, the relevant amount may be paid directly to the recipient or the person. <Amended on Nov. 15, 2010> |
| (7) | Disability pension shall be disbursed by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the recipient's registered domicile, and if the recipient changes his or her registered domicile, the following persons shall be paid the pension: <Amended on Jun. 30, 2014> |
| 1. | Where the date of moving-in is the 15th day of the month or earlier: A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the current domicile; |
| 2. | Where the date of moving-in is the 16th day of the month or later: A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the former domicile. |
| Article 11-2 (Methods of Applying for Accounts to Receive Disability Pension) |
| (1) | A person who intends to receive disability pension benefits through a designated account in the recipient's (hereinafter referred to as "account to receive disability pension") pursuant to the main clause of Article 13-2 (1) of the Act shall submit an application for depositing disability pension payments into the account to receive disability pension as prescribed by Ministerial Decree of Health and Welfare to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, along with a copy of a bankbook (showing the account number). The same shall also apply where he or she changes the account to receive disability pension. |
| (2) | In any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may pay disability pension directly in cash pursuant to the proviso of Article 13-2 (1) of the Act: |
| 1. | Where the financial institution at which an account to receive disability pension is held is unable to operate normally due to closure or suspension of business, information and communications failure, etc.; |
| 2. | Where a recipient resides in an area where financial institutions are not easily accessible; |
| 3. | Where disability pension is not transferable to an account to receive disability pension due to any other unavoidable equivalent cause. |
| (3) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall provide information to persons applying for disability pension benefits pursuant to Article 8 (1) of the Act regarding the methods, etc. of applying for an account to receive disability pension under paragraph (1). |
[This Article Added on Nov. 22, 2016]
| Article 12 (Procedures for Claiming Unpaid Disability Pension) |
| (1) | A person who intends to receive disability pension benefits not paid pursuant to Article 14 of the Act shall submit a written claim for unpaid disability pension benefits prescribed by Ministerial Decree of Health and Welfare, along with the following documents, to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the domicile of the deceased recipient; provided, where information on the attached documents can be verified through administrative data matching under Article 36 (1) of the Electronic Government Act, the attached documents may be replaced by verification: <Amended on Jun. 30, 2014> |
| 1. | Documents evidencing the recipient's death; |
| 2. | Documents verifying facts prescribed in paragraphs (3) and (5); |
| 3. | Documents verifying the personal information of the person who intends to receive unpaid disability pension benefits, which fall under any item of Article 7 (1) 4; |
| 4. | Documents falling under Article 7 (1) 5 (limited to where an agent acts on behalf of the applicant). |
| (2) | Upon receiving a claim for unpaid disability pension benefits pursuant to paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to make the payment, as prescribed by Ministerial Decree of Health and Welfare, and notify the claimant of the decision within 14 days of receiving the claim. <Amended on Jun. 30, 2014> |
| (3) | A person eligible to claim disability pension benefits not paid pursuant to Article 14 (2) of the Act shall include bereaved family members who resided together at the time of the recipient's death or who regularly provide him or her with living expenses. |
| (4) | Survivors are eligible to claim disability pension benefits unpaid in accordance with Article 14 (2) of the Act in the following order: spouse; children and their spouses; parents; grandchildren and their spouses; and grandparents. |
| (5) | If at least two persons are in the same order of priority for claiming disability pension benefits unpaid pursuant to paragraph (4), the amount shall be equally divided among them. <Amended on Jul. 2, 2019> |
| (6) | Except as provided in paragraphs (1) through (5), details necessary for the methods, procedures, etc. for the payment of unpaid disability pension benefits shall be prescribed by Ministerial Decree of Health and Welfare. |
| Article 12-2 (Reporting on Changes in Income and Property) |
Pursuant to subparagraph 2 of Article 16 of the Act, a recipient shall report any change in his or her own or his or her spouse's income or property in any of the following cases: | 1. | Where there is a change in the wage and salary income referred to in subparagraph 1 of Article 3, such as new earnings, increase or decrease, or cessation due to changes in employment status such as hiring, retirement, leave of absence, unemployment, or reinstatement; |
| 2. | Where there is a change in business income referred to subparagraph 2 of Article 3, such as new earnings, increase or decrease, or cessation due to changes in business status, such as business registration, or suspension or closure of business; |
| 3. | Where there is a change in interest income or pension income referred to in subparagraph 3 (a) of Article 3, such as new accruals or cessation due to the purchase or redemption of savings, securities, bonds, pension products, etc.; |
| 4. | Where there is a change in the right to receive public transfer income referred to in subparagraph 4 of Article 3, such as acquisition or cessation of such rights; |
| 5. | Where there is acquisition or disposal of all or part of property included in the scope of property under the latter part of subparagraph 7 of Article 2 of the Act. |
[This Article Added on Jun. 30, 2014]
| Article 13 (Recovery of Disability Pension) |
| (1) | If any ground for recovering a disability pension under Article 17 of the Act arises, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, in a written notice of decision to recover disability pension prescribed by Ministerial Decree of Health and Welfare, shall inform the person who has received the disability pension about the occurrence of grounds for recovery of disability pension, the amount to be recovered, payment deadline, the institution to receive the payment, the method of filing an objection, and other relevant matters. In such cases, the payment deadline shall be at least 30 days from the date of notification. <Amended on Jun. 30, 2014> |
| (2) | “Interest prescribed by Presidential Decree” in the proviso, with the exception of the subparagraphs, of Article 17 (1) of the Act means the interest calculated by applying the interest rate of three-year fixed-term deposits (the interest rate to be applied where the interest rate changes during the interest calculation period or where the interest rates vary among banks during this period shall be the average interest rates applied by banks operating nationwide, as established pursuant to the Banking Act as of January 1 of the same year). In such cases, the interest calculation period shall be the number of months from the month in which the disability pension was paid up to the month immediately preceding the month in which the disability pension is to be recovered and the interest thereon is to be paid, and the interest calculated annually shall be added to the amount of the disability pension already disbursed to calculate the amount of interest thereafter. <Amended on Nov. 15, 2010> |
| (3) | Upon receiving notification under paragraph (1), a person shall pay an amount to be recovered from disability pension to an institution determined by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and the head of the receiving institution shall, without delay, notify the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu that the amount to be recovered from disability pension has been paid. <Amended on Jun. 30, 2014> |
| (4) | If the person notified pursuant to paragraph (1) fails to pay the amount to be recovered from the disability pension by the deadline, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall urge him or her to make the payment within a specified period of at least 30 days. <Amended on Jun. 30, 2014> |
| Article 14 (Bearing of Expenses) |
| (1) | The ratio of expenses to be borne by the State for the Special Metropolitan City and each Metropolitan City, Do, Special Self-Governing City, and Special Self-Governing Province pursuant to Article 21 of the Act shall be as follows: <Amended on Jun. 30, 2014> |
| 1. | Special Metropolitan City: 50/100; |
| 2. | Metropolitan City, Do, Special Self-Governing City, and Special Self-Governing Province: 70/100. |
| (2) | The amount calculated by deducting the amount to be borne by the State pursuant to paragraph (1) shall be shared by the Special Metropolitan City, a Metropolitan City, a Do, a Special Self-Governing City, a Special Self-Governing Province, and a Si/Gun/Gu, and the ratio of such amount to be borne shall be prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, or a Do. <Amended on Jun. 30, 2014> |
| Article 15 (Establishment and Operation of Disability Pension Benefit Information System) |
| (1) | The Minister of Health and Welfare shall establish and operate a disability pension benefit information system to perform the following duties pursuant to Article 22 of the Act: <Amended on Jul. 17, 2017> |
| 1. | Computerization of recording and management of data and information under Articles 8 through 18 and 27 of the Act; |
| 2. | Collection, management, and processing of information related to disability pension and provision of information to local governments under Article 9 (4) of the Act (including cases applied mutatis mutandis in Article 10-2 (5) of the Act); |
| 3. | Recording and management of inspection data on recipients under Article 11 of the Act; |
| 4. | Collection, management, and processing of financial information, etc. and provision of such information to local governments under Articles 8 and 10; |
| 5. | Establishment of computer networks and information protection necessary for performing duties under subparagraphs 1 through 4; |
| 6. | Production, analysis, and provision of statistics necessary for the disability pension system. |
| (3) | The recording, management, etc. of data or information under paragraph (1) shall be made via electronic document exchange or on computer media. |
| Article 16 (Entrustment of Affairs) |
| 1. | Matters regarding requests for and provision of information and data under Article 9 (4) of the Act (including cases applied mutatis mutandis in Article 10-2 (5) of the Act); |
| 2. | Matters regarding inspection of recipients under Article 11 of the Act; |
| 3. | Matters regarding request for and provision of financial information, etc. under Article 12 of the Act. |
| (2) | Pursuant to Article 23 of the Act, the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall entrust the National Pension Service under Article 24 of the National Pension Act with affairs regarding the re-examination of the degree of disability under Article 9 (2) of the Act. <Amended on Jun. 30, 2014; Jun. 25, 2019> |
| Article 17 (Processing of Sensitive Information and Personally Identifiable Information) |
The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (including persons entrusted with the duties of the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu pursuant to Article 16) may process information on health under Article 23 of the Personal Information Protection Act and data containing resident registration numbers, passport numbers, or driver's license numbers under subparagraph 1, 2, or 3 of Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs: <Amended on Jun. 30, 2014; Jul. 17, 2017; Jun. 25, 2019> | 1. | Application for disability pension under Article 8 of the Act; |
| 2. | Inspection of income, property, degree of disability, etc. under Article 9 of the Act; |
| 3. | Determination to pay disability pension and other relevant matters under Article 10 of the Act; |
| 4. | Management of the history of seeking disability pension benefits under Article 10 (2) of the Act; |
| 5. | Ex post facto management of recipients under Article 11 of the Act; |
| 6. | Unpaid disability pension under Article 14 of the Act; |
| 7. | Extinguishment of eligibility for pension benefits and suspension of payment under Article 15 of the Act; |
| 9. | Recovery of disability pension under Article 17 of the Act; |
| 10. | Raising objections under Article 18 of the Act; |
| 11. | Establishment and operation of a disability pension benefit information system under Article 22 of the Act. |
[This Article Added by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 18 (Criteria for Imposition of Administrative Fines) |
The criteria for imposing administrative fines under Article 27 (1) and (2) of the Act shall be specified in Appendix 2. [This Article Added on Jun. 30, 2014]
| Article 19 Deleted. <Mar. 2, 2021> |
ADDENDA <Presidential Decree No. 22223, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Article 2 (Special Cases concerning Income Eligibility Threshold)
| (1) | Notwithstanding Article 4 (1), the income eligibility threshold effective from the date this Decree enters into force may be publicly notified by June 30, 2010. |
| (2) | Notwithstanding Article 4 (3), the income eligibility threshold under paragraph (1) shall be effective from the date this Decree enters into force until December 31, 2010. |
Article 3 (Special Cases concerning Payment Date of Disability Pension)
Notwithstanding Article 11 (1) and (2), disability pension for July 30 shall be paid on the 30th day.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22562, Dec. 29, 2010>
This Decree shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24281, Dec. 28, 2012>
This Decree shall enter into force on January 1, 2013.
ADDENDA <Presidential Decree No. 25428, Jun. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2014.
Article 2 (Special Cases concerning Income Eligibility Threshold)
| (1) | Notwithstanding the amended provisions of Article 4 (1), the income eligibility threshold applied after this Decree enters into force may be publicly notified by June 30, 2014. |
| (2) | Notwithstanding Article 4 (3), the income eligibility threshold publicly notified pursuant to paragraph (1) shall be effective from July 1, 2014 to December 31, 2014. |
Article 3 (Transitional Measures concerning Scope of Financial Information)
Notwithstanding the amended provisions of subparagraph 1 (f) of Article 8, the previous provisions shall apply where an application for disability pension is made pursuant to Article 8 (1) of the Act or where an eligible recipient consents to the application made by a public official of a Special Self-Governing City or a Si/Gun/Gu pursuant to paragraph (2) of that Article before this Decree enters into force. Article 4 (Transitional Measures concerning Incompetents)
A person under adult guardianship, a person under limited guardianship, or a person under specific guardianship under the amended provisions of Article 11 (3) 1 shall be deemed to include a person for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27333, Jul. 12, 2016>
This Decree shall enter into force on August 4, 2016.
ADDENDUM <Presidential Decree No. 27597, Nov. 22, 2016>
This Decree shall enter into force on November 30, 2016.
ADDENDA <Presidential Decree No. 28188, Jul. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 9 2017.
Article 2 (Transitional Measures concerning Supplemental Benefit Amount)
Notwithstanding the amended provisions of subparagraph 2 of Appendix 1, the previous provisions shall apply to those receiving an additional 70,000 won pursuant to the proviso of subparagraph 2 (b) of the previous Appendix 1 as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 28719, Mar. 27, 2018>
This Decree shall enter into force on April 1, 2018.
ADDENDUM <Presidential Decree No. 29125, Aug. 28, 2018>
This Decree shall enter into force on September 1, 2018; provided, the amended provisions of Articles 3 and 402 shall enter into force on September 21, 2018.
ADDENDUM <Presidential Decree No. 29911, Jun. 25, 2019>
This Decree shall enter into force on July 1, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30683, May 19, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2020. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31516, Mar. 2, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 34155, Jan. 18, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Supplemental Benefit Amount)
The amended provisions of Appendix 1 shall begin to apply to cases where supplemental benefit amounts for January 2024 are paid.