The purpose of this Decree is to prescribe matters mandated by the Act on Supporting Preparation for Old Age and matters necessary for the enforcement thereof.
| Article 2 (Formulation of support plans for preparation for old age) |
| (1) | “Matters prescribed by Presidential Decree” in Article 5 (2) 4 of the Act on Supporting Preparation for Old Age (hereinafter referred to as the "Act") means the following: |
| 1. | Survey and management of statistics related to preparation for old age; |
| 2. | Promotion of a culture of preparing for old age; |
| 3. | Improvement of statutes or regulations and systems to facilitate preparation for old age; |
| 4. | Measures to align with and utilize private resources related to preparation for old age; |
| 5. | Facilitation of exchange and cooperation between domestic and foreign Institutions related to preparation for old age; |
| 6. | Financing to implement policies for supporting preparation for old age. |
| (2) | To ensure the efficient formulation of a master support plan for preparation for old age under Article 5 (1) of the Act (hereinafter referred to as “master plan”), the Minister of Health and Welfare shall prepare guidelines for formulating master plans and notify the heads of relevant central administrative agencies thereof. |
| (3) | The head of each relevant central administrative agency shall prepare a master plan for his or her respective jurisdiction in accordance with the guidelines for formulating master plans under paragraph (2) and submit such plan to the Minister of Health and Welfare. |
| (4) | The Minister of Health and Welfare shall compile the master plans submitted pursuant to paragraph (3) within his or her jurisdiction, and finalize the master plan by December 31 of the year preceding the year in which the master plan is to be implemented following deliberation by the National Old Age Preparation Committee under Article 8 of the Act. |
| (5) | Upon finalizing the master plan pursuant to paragraph (4), the Minister of Health and Welfare shall, without delay, inform the head of the relevant central administrative agency, and the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, and Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governor"), of such plan. <Amended on Jun. 21, 2022> |
[Title Amended on Jun. 21, 2022]
| Article 3 (Composition of national old age preparation committee) |
| (1) | Pursuant to Article 8 (3) 2 of the Act, the Minister of Health and Welfare shall appoint members in general service of the Senior Executive Service of the following administrative agencies as members of the National Old Age Preparation Committee under Article 8 (1) (hereinafter referred to as the “Committee”) upon recommendation by the head of the relevant agency: <Amended on Jul. 26, 2017> |
| 1. | The Ministry of Economy and Finance; |
| 2. | The Ministry of the Interior and Safety; |
| 3. | The Ministry of Culture, Sports and Tourism; |
| 4. | The Ministry of Health and Welfare; |
| 5. | The Ministry of Employment and Labor; |
| 6. | The Ministry of Gender Equality and Family; |
| 7. | The Financial Services Commission. |
| (2) | When commissioning members of the Committee pursuant to Article 8 (3) of the Act, the Minister of Health and Welfare shall take into consideration gender equality. |
| (3) | Each member referred to in Article 8 (3) 1 and 5 of the Act shall hold office for a term of three years and may be re-appointed for one consecutive term only. <Amended on Jun. 21, 2022> |
| (4) | The chairperson shall represent the Committee and exercise general supervision over its affairs. |
| (5) | The Committee may designate a vice-chairperson from among its members, who shall be appointed by the chairperson. |
| (6) | The vice-chairperson shall assist the chairperson in his or her duties, and where the chairperson is unable to perform his or her duties due to any unavoidable cause, the vice-chairperson shall act on behalf of the chairperson. |
| (7) | The Committee shall have one executive secretary, who shall be appointed by the Minister of Health and Welfare from among the Ministry’s public officials. |
| Article 4 (Meetings and operation of national old age preparation committee) |
| (1) | The chairperson shall convene meetings of the Committee upon request by at least 1/3 of all incumbent members or when deemed necessary by the chairperson, and the chairperson shall preside over such meetings. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (3) | Allowances may be paid to members who attend Committee meetings within the budget; provided, this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties. |
| (4) | Except as provided in Article 3 and paragraphs (1) through (3) of this Article, matters necessary for the composition, meetings, and operation of the Committee shall be determined by the chairperson following a resolution by the Committee. <Amended on Jun. 21, 2022> |
| Article 5 (Dismissal of members) |
If a member referred to in Article 8 (3) 1 or 5 of the Act falls under any of the following cases, the Minister of Health and Welfare may dismiss the relevant member: <Amended on Jun. 21, 2022> | 1. | Where he or she is incapable of fulfilling his or her duties due to mental handicap; |
| 2. | Where the member engages in any misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed unsuitable for membership due to his or her neglect of duties, loss of dignity, or any other reason; |
| 4. | Where the member voluntarily expresses his or her inability to perform duties. |
| Article 6 (Projects to support preparation for old age by central support center for preparation for old age) |
“Projects prescribed by Presidential Decree as necessary to support preparation for old age” in Article 9 (1) 5 of the Act means the following projects: <Amended on Jun. 21, 2022> | 1. | Projects for conducting surveys on the actual status of preparation for old age and for compiling related statistics under subparagraph 2 of Article 6 of the Act; |
| 2. | Projects for developing an old age preparation index under Article 7 of the Act; |
| 3. | Projects necessary for the establishment, operation, etc. of an integrated information system for preparation for old age under Articles 15 and 16 of the Act; |
| 4. | Projects for surveying trends in foreign countries related to policies for preparation for old age. |
| Article 7 (Designation and operation of central support center for preparation for old age) |
| (1) | Pursuant to Article 9 (1) of the Act, the Minister of Health and Welfare shall designate a department of the National Pension Service in charge of, among other things, planning and providing education on old age preparation services, operating an information system, and conducting surveys and research as the central support center for preparation for old age (hereinafter referred to as the "central center"). |
| (2) | The head of the central center shall serve as a standing director of the National Pension Service in charge of duties related to old age preparation services. |
| (3) | The head of the central center shall submit a business plan and budget proposal for each fiscal year to the Minister of Health and Welfare no later than two months prior to the commencement of the fiscal year pursuant to Article 9 (2) of the Act. |
| (4) | The head of the central center shall submit a financial statement for the relevant fiscal year to the Minister of Health and Welfare by the end of February of the following year pursuant to Article 9 (2) of the Act. |
| (5) | The Minister of Health and Welfare shall approve the business plan and budget proposal submitted pursuant to paragraph (3) before the commencement of the fiscal year and the financial statement submitted pursuant to paragraph (4) by March 31 of the year immediately following the fiscal year. |
| (6) | Pursuant to Article 9 (2) of the Act, the head of the central center shall report on the business performance under paragraph (1) of that Article to the Minister of Health and Welfare by the end of February of the year immediately following the end of each fiscal year. |
| Article 7-2 (Criteria and procedures for designation of metropolitan support centers for preparation for old age) |
| (1) | Pursuant to Article 9-2 (1) of the Act, a Mayor/Do Governor may designate an institution that meets the standards for facilities and human resources prescribed in attached Table 1, from among corporations or public institutions (referring to public institutions under the Act on the Management of Public Institutions, including their branch offices; hereafter in this Article and Article 8 the same shall apply), which directly perform the projects referred to in the subparagraphs of that paragraph or which receive contributions or subsidies for such projects from local governments, as a metropolitan support center for preparation for old age prescribed in that paragraph (hereinafter referred to as "metropolitan center"). |
| (2) | An institution seeking designation as a metropolitan center shall submit an application prescribed by Ordinance of the Ministry of Health and Welfare to the Mayor/Do Governor, along with the following documents: |
| 1. | A copy of the articles of incorporation (applicable only to corporations); |
| 2. | A business plan for old age preparation services; |
| 3. | The current status of human resources providing old age preparation services and other human resources and operational plans; |
| 4. | The current status of possessed facilities necessary for performing duties and operation plans for such facilities. |
| (3) | When designating a metropolitan center upon receipt of an application under paragraph (2), a Mayor/Do Governor shall take into account the following matters: |
| 1. | Whether the standards for designation under paragraph (1) are satisfied; |
| 2. | The objectives of its establishment; |
| 3. | Its capability to provide old age preparation services; |
| 4. | The appropriateness and feasibility of business plans. |
| (4) | If a Mayor/Do Governor designates a metropolitan center pursuant to paragraph (3), he or she shall, without delay, notify the relevant institution accordingly as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | If a Mayor/Do Governor designates a metropolitan center pursuant to paragraph (3), he or she shall, without delay, publicly announce matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the name of the relevant institution, in the official report or on the website of the relevant City/Do, and notify the Central Center accordingly. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the designation and operation of a metropolitan center shall be prescribed by ordinance of a City/Do. |
[This Article Newly Inserted on Jun. 21, 2022]
| Article 7-3 (Projects for supporting preparation for old age of metropolitan centers) |
“Projects prescribed by Presidential Decree as necessary to support for preparation for old age” in Article 9-2 (1) 5 of the Act means projects regarding the identification of resources related to preparation for old age services. [This Article Newly Inserted on Jun. 21, 2022]
| Article 7-4 (Procedures for discontinuance, suspension, or resumption of metropolitan centers) |
| (1) | If the head of a metropolitan center intends to discontinue, suspend, or resume the operation of a metropolitan center under Article 9-2 (4) of the Act, he or she shall submit a report to the Mayor/Do Governor no later than three months prior to the discontinuance, suspension, or resumption of operation, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Upon receipt of a report on resumption under paragraph (1), the Mayor/Do Governor shall determine whether to grant approval for resumption, taking into consideration the matters referred to in the subparagraphs of Article 7-2 (3), and notify the head of the relevant metropolitan center of the decision. |
| (3) | The Mayor/Do Governor shall, without delay, publicly announce matters prescribed by Ordinance of the Ministry of Health and Welfare, such as grounds for discontinuance, suspension, or resumption and the suspension period in the relevant City/Do’s official report or on its website, and notify the central center accordingly. |
[This Article Newly Inserted on Jun. 21, 2022]
| Article 8 (Criteria and procedures for designation of community support centers for preparation for old age) |
| (1) | Pursuant to Article 10 (1) of the Act, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may designate an institution, that meets the standards for facilities and human resources prescribed in attached Table 1, from among corporations or public institutions, or social welfare corporations, social welfare facilities, or community welfare centers defined in Article 2 of the Social Welfare Services Act, which directly perform the projects referred to in the subparagraphs of that paragraph or which receive contributions or subsidies for such projects from local governments, as a community support center for preparation for old age referred to in that paragraph (hereinafter referred to as "community center"). <Amended on Jun. 21, 2022> |
| (2) | An institution seeking designation as a community center shall submit an application prescribed by Ordinance of the Ministry of Health and Welfare to the head of a Si/Gun/Gu, along with the following documents: <Amended on Jun. 21, 2022> |
| 1. | A copy of the articles of incorporation (applicable only to corporations); |
| 2. | A business plan for old age preparation services; |
| 3. | The current status of human resources providing old age preparation services and other human resources and operational plans; |
| 4. | The current status of possessed facilities necessary for performing duties and operation plans for such facilities. |
| (3) | Upon receipt of an application under paragraph (2), the head of a Si/Gun/Gu shall take into account the following matters in designating a community center: <Amended on Jun. 21, 2022> |
| 1. | Whether the standards for designation under paragraph (1) are satisfied; |
| 2. | The objectives of its establishment; |
| 3. | Its capability to provide old age preparation services; |
| 4. | The appropriateness and feasibility of business plans. |
| (4) | If the head of a Si/Gun/Gu designates community center pursuant to paragraph (3), he or she shall notify the relevant institution of such designation, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Jun. 21, 2022> |
| (5) | If the head of a Si/Gun/Gu designates a community center pursuant to paragraph (3), he or she shall, without delay, publicly announce matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the name of the relevant institution, in the official report or on the website of the relevant Si/Gun/Gu, and notify the central center accordingly. <Amended on Jun. 21, 2022> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the designation and operation of community centers shall be prescribed by ordinance of a Si/Gun/Gu. <Amended on Jun. 21, 2022> |
[Title Amended on Jun. 21, 2022]
| Article 9 (Projects for supporting preparation for old age of community centers) |
"Projects prescribed by Presidential Decree as necessary to support preparation for old age" in Article 10 (1) 3 of the Act means the following projects: <Amended on Jun. 21, 2022> | 1. | Managing and maintaining records of applicants for preparation for old age services; |
| 2. | Identifying resources related to preparation for old age services within local communities. |
| Article 10 (Procedures for discontinuance, suspension, or resumption of community centers) |
| (1) | If the head of a community center intends to discontinue, suspend, or resume the operation of a community center under Article 10 (4) of the Act, he or she shall submit a report to the head of the competent Si/Gun/Gu no later than three months prior to the closure, suspension, or resumption of operation, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jun. 21, 2022> |
| (2) | Upon receipt of a report on resumption under paragraph (1), the head of a Si/Gun/Gu shall determine whether to grant the approval for resumption in consideration of the matters referred to in the subparagraphs of Article 8 (3), and notify the head of the relevant community center of the decision. <Newly Inserted on Jun. 21, 2022> |
| (3) | The head of a Si/Gun/Gu shall publicly announce matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the grounds for discontinuance, suspension, or resumption or the suspension period in the official report or on the website of the relevant Si/Gun/Gu, and notify the central center accordingly. <Amended on Jun. 21, 2022> |
[Title Amended on Jun. 21, 2022]
| Article 11 (Evaluation of performance of old age preparation projects) |
| (1) | If the Minister of Health and Welfare intends to evaluate the appropriateness, etc. of old age preparation services provided by a metropolitan center or a community center pursuant to Article 10-2 of the Act, he or she shall prepare guidelines for evaluation and notify the head of the metropolitan center or community center subject to evaluation of such guidelines. <Amended on Jun. 21, 2022> |
| (2) | The head of a metropolitan and community center shall submit a report including the business performance of the previous year to the Minister of Health and Welfare by March 20 each year. <Amended on Jun. 21, 2022> |
| (3) | The evaluation of metropolitan and community centers shall be conducted by means of the evaluation of reports, field evaluation, evaluation of satisfaction with old age preparation services, etc. <Amended on Jun. 21, 2022> |
| (4) | If necessary for the evaluation under paragraph (3), the Minister of Health and Welfare may request a metropolitan or community center to submit relevant data. <Amended on Jun. 21, 2022> |
| (5) | The Minister of Health and Welfare shall evaluate the performance of old age preparation projects by metropolitan and community centers no later than June 20 each year, and notify the following persons of the results of evaluation: <Amended on Jun. 21, 2022> |
| 1. | Metropolitan Centers: Mayors/Do Governors; |
| 2. | Community centers: Mayors/Do Governors and the heads of Sis/Guns/Gus. |
| (6) | The Minister of Health and Welfare may disclose the results of evaluation under paragraph (5) to the public, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Jun. 21, 2022> |
| (7) | Notwithstanding paragraphs (1) through (5), if the Minister of Health and Welfare entrusts the National Pension Service with the evaluation of the appropriateness, etc. of old age preparation projects pursuant to Article 10-2 of the Act, the Minister of Health and Welfare may determine different methods of evaluating the branch offices of the National Pension Service designated as a metropolitan center or community center. <Newly Inserted on Jun. 21, 2022> |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for evaluation, such as evaluation criteria, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Jun. 21, 2022> |
[Title Amended on Jun. 21, 2022]
| Article 12 (Entrustment of education of old age preparation service providers) |
“Agencies or organizations prescribed by Presidential Decree, including universities and colleges defined in subparagraphs 1 and 4 of Article 2 of the Higher Education Act” in Article 11 (3) of the Act means the following agencies or organizations:
| Article 13 (Establishment and operation of integrated information system for preparation for old age) |
| (1) | The Minister of Health and Welfare may establish and operate an integrated information system for preparation for old age under Article 15 of the Act (hereinafter referred to as the "integrated information system") to perform the following affairs: <Amended on Jun. 21, 2022> |
| 1. | Recording and managing information on conducting support projects for preparation for old age under subparagraphs 2 through 6 and 9 of Article 6 of the Act; |
| 2. | Collecting and managing information related to health, leisure, and other relevant activities under Article 15 (2) of the Act; |
| 3. | Collecting and managing information on pension insurance, etc. under Article 16 of the Act; |
| 4. | Affairs related to the establishment of information and communications networks necessary for performing affairs under subparagraphs 1 through 3. |
| (2) | “Data on health, leisure, etc. which are prescribed by Presidential Decree” in the former part of Article 15 (2) of the Act means the following data: |
| 3. | Data on cultural and leisure activity programs held by local governments under Articles 9 and 10 of the Framework Act on the Promotion of Leisure of Citizens; |
| 6. | Data on the provision of community health and medical services under Article 11 (1) 5 of the Community Health Care Act; |
| (3) | The heads of metropolitan centers and community centers may utilize the integrated information system where necessary to conduct support projects for preparation for old age; provided, where the information to be utilized qualifies as personal information under the Personal Information Protection Act, such information may be utilized only where the Minister of Health and Welfare obtains the consent of the data subject to the provision of the information. <Newly Inserted on Jun. 21, 2022> |
| Article 14 (Information on pension insurance) |
“Data or information prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 16 (1) of the Act means the following information: <Amended on Jun. 21, 2022> | 3. | Names of the products; |
| 5. | Insurance premiums paid; |
| 8. | Final payment date or scheduled final payment date; |
| 10. | Pension amount as an example; |
| 11. | Commencement date or scheduled commencement date for payment of pension benefits; |
| 12. | The end date or scheduled end date for payment of pension benefits. |
[Title Amended on Jun. 21, 2022]
| Article 15 (Requests for information on pension insurance) |
| (1) | If the Minister of Health and Welfare requests information on pension insurance, etc. under Article 16 (1) of the Act (hereinafter referred to as “information on pension insurance, etc.”) from a financial company, etc. under the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as "financial company, etc."), a central administrative agency, or a public institution under the Act on the Management of Public Institutions, pursuant to Article 16 (1) of the Act, he or she shall provide the name, resident registration number, and the base inquiry date of the applicant for old age preparation services. <Amended on Jun. 21, 2022> |
| (2) | If an association, federation, or central association affiliated with a financial company, etc. manages matters regarding information on pension insurance, etc. through information and communications networks, the Minister of Health and Welfare may request information on pension insurance, etc. from the head of the relevant financial company, etc. through the information and communications networks. <Amended on Jun. 21, 2022> |
[Title Amended on Jun. 21, 2022]
| Article 16 (Method of preparing written consent) |
| (1) | If an applicant for old age preparation services consents to the provision of information on pension insurance, etc., he or she shall submit a written consent prescribed by Ordinance of the Ministry of Health and Welfare to a metropolitan center or community center, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jun. 21, 2022> |
| (2) | If an applicant for old age preparation services submits a written consent pursuant to paragraph (1), he or she shall present a certificate verifying his or her identity, such as his or her resident registration certificate or passport. |
| Article 17 (Criteria for designation revocation and business suspension) |
| (1) | The criteria for revoking the designation of a metropolitan and a community center and for suspending its business under Article 20 (1) of the Act shall be as specified in attached Table 2. <Amended on Jun. 21, 2022> |
| (2) | If a Mayor/Do Governor (limited to a metropolitan center) or the head of a Si/Gun/Gu (limited to a community center) revokes the designation of a metropolitan center or a community center or orders it to suspend its business pursuant to Article 20 (1) of the Act, he or she shall, without delay, publicly announce such fact in the official report or on the website of the relevant local government and notify the central center accordingly. <Amended on Jun. 21, 2022> |
| Article 18 (Processing of personally identifiable information) |
The Minister of Health and Welfare, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of the central center, a metropolitan center, or a community center may process data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following affairs: <Amended on Jun. 21, 2022> | 1. | Survey on the actual status of preparation for old age under subparagraph 2 of Article 6 of the Act; |
| 2. | Training and management of old age preparation service providers under subparagraph 6 of Article 6 of the Act; |
| 3. | Affairs performed by metropolitan centers under Article 9-2 (1) of the Act; |
| 4. | Affairs performed by community centers under Article 10 (1) of the Act; |
| 5. | Establishment and operation of an integrated information system for preparation for old age under Article 15 of the Act. |
| Article 19 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 23 of the Act shall be as prescribed in attached Table 3.
ADDENDUM <Presidential Decree No. 26741, Dec. 22, 2015>
This Decree shall enter into force on December 23, 2015.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, among the Presidential Decrees amended under Article 8 of the Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the dates on which they enter into force have yet to arrive, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively. Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 32713, Jun. 21, 2022>
This Decree shall enter into force on June 22, 2022; provided, the provisions amending “information on pension insurance, etc.” in the amended provisions of Article 13 (1) 3, the provisions amending “information on pension insurance, etc.” in the amended provisions of Article 16 (1), and the amended provisions of Articles 14 and 15 shall enter into force on December 22, 2022.