BASIC PENSION ACT
Act No. 12617, May 20, 2014
Amended by Act No. 13216, Mar. 11, 2015
Act No. 13988, Feb. 3, 2016
Act No. 14474, Dec. 27, 2016
Act No. 14881, Sep. 19, 2017
Act No. 15522, Mar. 20, 2018
Act No. 15536, Mar. 27, 2018
Act No. 16240, Jan. 15, 2019
Act No. 16241, Jan. 15, 2019
Act No. 16568, Aug. 27, 2019
Act No. 16761, Dec. 10, 2019
Act No. 16868, Jan. 21, 2020
Act No. 18213, Jun. 8, 2021
Act No. 21065, Oct. 1, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the stabilization of livelihood of senior citizens and to promote their welfare by providing a stable income base through the payment of a basic pension to senior citizens.
The terms used in this Act are defined as follows:
| 1. | Basic pension entitlement means the right to receive a basic pension under this Act; |
| 2. | Person entitled to a basic pension means a person who has basic pension entitlement; |
| 3. | Basic pension recipient means a person who is paid a basic pension under this Act; |
| 4. | Recognized income means the amount obtained by summing the assessed income of the person and his or her spouse and the income conversion amount of property. In such cases, the scope of income and property used to calculate the assessed income and the income conversion amount of property shall be prescribed by Presidential Decree, and detailed methods for calculating the assessed income and the income conversion amount of property shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 3 (Scope of persons entitled to a basic pension) |
| (1) | Basic pensions shall be paid to persons of at least 65 years of age whose recognized income is at or below the amount determined and publicly notified by the Minister of Health and Welfare (hereinafter referred to as "income threshold"). |
| (2) | In determining the income threshold, the Minister of Health and Welfare shall ensure that basic pension recipients constitute approximately 70/100 of senior citizens who are at least 65 years of age. |
| (3) | Notwithstanding paragraph (1), a basic pension shall not be paid to a person entitled to any of the following pensions and his or her spouse, or to a person prescribed by Presidential Decree from among persons who have received any of the following pensions and his or her spouse: <Amended on Mar. 20, 2018; Dec. 10, 2019> |
| 1. | Retirement pension, lump-sum retirement pension, lump-sum retirement pension after deductions, disability pension, non-duty-related disability pension, non-service-related disability pension, disability lump-sum benefit, non-duty-related disability lump-sum benefit, non-service-related disability lump-sum benefit, retirement survivors’ pension, disability survivors’ pension, survivors' pension for line-of-duty death, service-related survivors’ pension, survivors' pension for line-of-duty death in hazardous duty, lump-sum retirement survivors’ pension, or lump-sum retirement survivors’ benefit under Article 28 of the Public Officials Pension Act, Article 8 of the Public Officials' Accident Compensation Act, or Article 42(1) of the Pension for Private School Teachers and Staff Act [in cases of lump-sum retirement survivors’ benefit, this shall be limited to where a person entitled to survivors' pension for line-of-duty death chooses such benefit in lieu of such pension under Article 20(1) of the Public Officials' Accident Compensation Act (including where a person entitled to service-related survivors' pension under Article 42(1) of the Pension for Private School Teachers and Staff Act chooses such benefit in lieu of such pension) and where a person entitled to survivors' pension for line-of-duty death in hazardous duty chooses such benefit in lieu of such pension under Article 20(2) of that Act]; |
| 2. | Retirement pension, lump-sum retirement pension, lump-sum retirement pension after deduction, retirement survivor’s pension or retirement survivor’s lump-sum benefit under Article 7 of the Military Pension Act, or disability pension, survivors’ pension based on disability, or survivors’ pension for line-of-duty death, survivors’ lump-sum benefit for line-of-duty death under Article 7 of the Military Accident Compensation Act; |
| 3. | Retirement pension, lump-sum retirement pension, lump-sum retirement pension after deduction, survivors’ pension, or lump-sum survivors’ pension under Article 24(2) of the Special Post Offices Act; |
| 4. | Aggregate retirement pension or aggregate retirement survivors’ pension where the period of occupational employment defined in Article 2(1)7 of the Act on Aggregation of National Pension and Occupational Pensions is at least 10 years among aggregate retirement pension and aggregate retirement survivors’ pension under Articles 10 and 13 of that Act. |
| (4) | The standards for the income threshold, the timing of public notice, the period of application, etc. shall be prescribed by Presidential Decree. |
| Article 4 (Responsibilities of the State and local governments) |
| (1) | The State and local governments shall endeavor, to the maximum extent possible, to ensure that basic pensions reach a level necessary to support the stabilization of livelihood of senior citizens and to promote their welfare in accordance with the purpose of Article 1. |
| (2) | The State and local governments shall raise financial resources so that they may bear the necessary expenses under paragraph (1). In such cases, the National Pension Fund established under Article 101(1) of the National Pension Act shall not be used as financial resources for the payment of basic pensions. |
| (3) | The State and local governments shall endeavor, to the maximum extent possible, to ensure that the payment of basic pensions does not result in income reversal among income classes and does not diminish incentives to work or to save. |
CHAPTER II CALCULATION OF BASIC PENSION AMOUNT
| Article 5 (Calculation of basic pension amount) |
| (1) | The amount of a basic pension payable to a person entitled to a basic pension (hereinafter referred to as the “basic pension amount”) shall be calculated in consideration of the standard pension amount under paragraph (2) or Article 5-2(1) (hereinafter referred to as the “standard pension amount”) and the amount of National Pension benefits, etc. <Amended on Jan. 15, 2019> |
| (2) | The standard pension amount shall be publicly notified each year by the Minister of Health and Welfare by reflecting, in the standard pension amount of the preceding year, the rate of change in the nationwide consumer price index (referring to the rate of change in the nationwide consumer price index publicly notified each year by the Minister of Data and Statistics under Article 3 of the Statistics Act; hereinafter the same shall apply) as prescribed by Presidential Decree. In such cases, the period of application of the standard pension amount publicly notified shall be from January through December of the relevant adjustment year. <Amended on Jan. 15, 2019; Jan. 21, 2020; Oct. 1, 2025> |
| (3) | Notwithstanding the former part of paragraph (2), the standard pension amount for 2021 shall be 300,000 won. <Added on Mar. 27, 2018; Jan. 21, 2020> |
| (4) | The basic pension amount payable to persons entitled to any of the following pensions (hereinafter referred to as “persons entitled to National Pension benefits”) among persons entitled to a basic pension shall be the amount calculated under paragraph (5): <Amended on Mar. 27, 2018> |
| 1. | Persons entitled to an old-age pension or a divided pension under Article 61 or 64 of the National Pension Act, or under Article 2, 6 or 9 of the Addenda to the wholly amended National Pension Act (Act No. 8541); |
| 2. | Persons entitled to National Pension benefits under Article 26-2 of the North Korean Defector Protection and Settlement Support Act. |
| (5) | The basic pension amount payable to persons entitled to National Pension benefits shall be the amount obtained by subtracting the amount under subparagraph 2 from the amount under subparagraph 1 (if the resulting amount is less than 0, it shall be 0) and adding the amount under subparagraph 3: <Amended on Mar. 27, 2018; Jan. 15, 2019> |
| 1. | The standard pension amount (in the case of a person entitled to a basic pension to whom Article 5-2 applies, referring to the standard pension amount under Article 5-2; hereinafter the same shall apply); |
| 2. | An amount obtained by multiplying by 2/3 the amount calculated based on the amount under Article 51(1)1 of the National Pension Act that a person entitled to National Pension benefits may receive (referring to the amount adjusted each year under Article 51(2) of that Act; hereinafter referred to as "income redistribution benefit amount"); provided, the pension amount serving as the basis for calculating the income redistribution benefit amount in cases where the pension amount of a person entitled to National Pension benefits is paid on a deferred basis, paid in advance, increased, or reduced under the National Pension Act shall be as prescribed by Presidential Decree; |
| 3. | Additional pension amount: An amount equivalent to 1/2 of the standard pension amount. |
| (6) | A person entitled to an aggregate old-age pension under Article 10 of the Act on Aggregation of National Pension and Occupational Pensions among persons entitled to a basic pension shall be paid the amount obtained by subtracting the amount under subparagraph 2 from the amount under subparagraph 1 (if the resulting amount is less than 0, it shall be 0) and adding the amount under subparagraph 3: <Amended on Mar. 27, 2018> |
| 1. | Standard pension amount; |
| 2. | An amount obtained by multiplying by 2/3 the sum of the amounts under items a and b: |
| a. | Income redistribution benefit amount; |
| b. | An amount obtained by multiplying by 1/2 the amount of an aggregate retirement pension under Article 12 of the Act on Aggregation of National Pension and Occupational Pensions; |
| 3. | Additional pension amount: An amount equivalent to 1/2 of the standard pension amount. |
| (7) | The basic pension amount payable to any of the following persons among persons entitled to a basic pension shall be the standard pension amount: <Amended on Mar. 27, 2018> |
| 1. | A person who does not fall under any subparagraph of paragraph (4) or paragraph (6); |
| 2. | A person who falls under any subparagraph of paragraph (4) or paragraph (6) and who falls under any of the following items: |
| a. | A person entitled to an old-age pension or a divided pension whose national pension payment is suspended under Article 56(1) of the National Pension Act; |
| b. | A person eligible for benefits under Article 4 of the Disability Pension Act; |
| c. | A person eligible for benefits defined in Article 2 of the National Basic Living Security Act, as prescribed by Presidential Decree; |
| d. | Other persons prescribed by Presidential Decree. |
| Article 5-2 (Special cases concerning calculation of basic pension amount for low-income persons entitled to a basic pension) |
| (1) | Notwithstanding the former part of Article 5(2), the standard pension amount applicable to persons 65 years of age or older whose recognized income does not exceed 40/100 shall be 300,000 won. <Amended on Jan. 21, 2020> |
| (2) | The Minister of Health and Welfare shall determine and publicly notify the recognized income for selecting persons to whom the standard pension amount under paragraph (1) applies (hereinafter referred to as the "income threshold for identifying low-income persons"). |
| (3) | The standards for determining the income threshold for identifying low-income persons, the timing of public notice, the period of application, etc. shall be as prescribed by Presidential Decree. |
[This Article Added on Jan. 15, 2019]
[The amended provisions of Article 5-2 of Act No. 16868 (Jan. 21, 2020) shall remain effective until December 31, 2020 under Article 2 of the Addenda to that Act]
| Article 6 (Special cases concerning calculation of basic pension amount based on National Pension benefit amount, etc.) |
| (1) | Notwithstanding Article 5, the basic pension amount payable to a person whose monthly benefit amount payable under entitlement under the National Pension Act and the Act on Aggregation of National Pension and Occupational Pensions (excluding the amount of dependent pension under Article 52 of the National Pension Act; hereinafter referred to as “National Pension benefit amount, etc.”) does not exceed 150/100 of the standard pension amount among persons falling under any subparagraph of Article 5(4) or paragraph (6) of that Article shall be the standard pension amount. <Amended on Mar. 27, 2018> |
| (2) | Notwithstanding Article 5, basic pension benefits payable to a person in whose case the national pension benefits, etc. exceed 150/100 but not more than 200/100 among persons falling under any subparagraph of Article 5 (4) or Article 5 (6) may be determined in at least the amount calculated under Article 5 within the limit of standard pension benefits, as prescribed by Presidential Decree. <Amended on Mar. 27, 2018> |
| Article 7 (Limit on basic pension amount) |
If the basic pension amount calculated under Article 5(4) through (6) exceeds the standard pension amount, the standard pension amount shall be deemed the basic pension amount. <Amended on Mar. 27, 2018>
| Article 8 (Reduction of basic pension amount) |
| (1) | If both a person entitled to a basic pension and his or her spouse are persons entitled to a basic pension, an amount equivalent to 20/100 of the basic pension amount shall be deducted from each of their basic pension amounts. |
| (2) | If the sum of the recognized income and the basic pension amount under Articles 5, 5-2, 6, and 7 (if paragraph (1) applies, referring to the amount reflecting the reduction) is not less than the income threshold, part of the basic pension amount may be reduced to the extent of the amount exceeding the income threshold. <Amended on Jan. 15, 2019> |
| (3) | If the sum of the recognized income of a person entitled to a basic pension to whom Article 5-2 applies and the relevant basic pension amount (if Article 8(1) applies, referring to the amount reflecting the reduction) is not less than the sum of the income threshold for identifying low-income persons and the standard pension amount (referring to the standard pension amount applicable to a person entitled to a basic pension who does not fall under Article 5-2), part of the basic pension amount of the person entitled to a basic pension to whom Article 5-2 applies may be reduced. <Added on Jan. 15, 2019> |
| (4) | Detailed standards for reduction under paragraphs (2) and (3) shall be as prescribed by Presidential Decree. <Amended on Jan. 15, 2019> |
| Article 9 (Adequacy evaluation of basic pension amount) |
| (1) | Notwithstanding Article 5(2), the Minister of Health and Welfare shall, every 5 years, evaluate the adequacy of the basic pension amount taking into account the living standards of persons entitled to a basic pension, the rate of change in the amount under Article 51(1)1 of the National Pension Act, the rate of change in the nationwide consumer price index, etc., and shall adjust the standard pension amount reflecting the results thereof. |
| (2) | When conducting the adequacy evaluation under paragraph (1), a fact-finding survey on poverty among senior citizens and a projection of the long-term financial requirements of the basic pension shall also be conducted. |
| (3) | The Minister of Health and Welfare shall publicly notify the standard pension amount adjusted under paragraph (1). In such cases, such public notice shall be deemed a public notice made under the former part of Article 5(2). |
| (4) | Matters necessary for the adjustment of the standard pension amount under paragraph (1), the detailed procedures for the projection of financial requirements and the fact-finding survey on poverty among senior citizens under paragraph (2), and the public notice of the standard pension amount, etc. under paragraph (3) shall be prescribed by Presidential Decree. |
CHAPTER III APPLICATION FOR AND DECISION ON PAYMENT OF BASIC PENSION
| Article 10 (Application for basic pension) |
| (1) | A person who intends to receive a basic pension (hereinafter referred to as a “basic pension applicant”) or his or her representative prescribed by Decree of the Ministry of Health and Welfare may file an application for a basic pension with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). |
| (2) | When a basic pension applicant and his or her spouse file an application under paragraph (1), they shall submit a document indicating their consent to the provision of the following data or information to the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (including persons entrusted with the duties under Article 28(2)): |
| 1. | The average balance of deposits among data or information regarding financial assets and financial transactions defined in subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and other data or information prescribed by Presidential Decree (hereinafter referred to as “financial information”); |
| 2. | The amount of debts among credit information defined in subparagraph 1 of Article 2 of the Credit Information Use and Protection Act and other data or information prescribed by Presidential Decree (hereinafter referred to as “credit information”); |
| 3. | Insurance premiums paid under insurance policies under the subparagraphs of Article 4(1) of the Insurance Business Act and other data or information prescribed by Presidential Decree (hereinafter referred to as “insurance information”). |
| (3) | A corporation, organization, facility, institution, etc. designated by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may assist a basic pension applicant in filing an application for a basic pension under paragraph (1), at the request of the applicant. <Added on Jun. 8, 2021> |
| (4) | Matters necessary for the methods and procedures for filing an application for a basic pension under paragraph (1) and the methods, procedures, etc. for obtaining consent under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Jun. 8, 2021> |
| Article 10-2 (Provision of information relating to basic pension) |
| (1) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall provide persons aged 65 or older with information on the basic pension, including eligibility, the amount of the basic pension, and methods of application. |
| (2) | Matters necessary for the contents, methods, procedures, etc. for providing information under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added on Feb. 3, 2016]
| Article 11 (Investigations and inquiries) |
| (1) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request a basic pension applicant, a person entitled to a basic pension, a basic pension recipient, and the respective spouse and employer thereof (hereafter in this Article referred to as “basic pension-related persons”) to submit necessary documents or other data relating to income, assets, etc. for the purpose of confirming the accrual of, change in, or loss of entitlement to basic pension, and may have public officials under his or her jurisdiction visit the residence of such persons or other necessary places to examine documents, etc. or make inquiries of relevant persons. <Amended on Feb. 3, 2016> |
| (2) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of a relevant institution to provide the data or information falling under the following subparagraphs relating to basic pension-related persons for the purpose of confirmation or investigation under paragraph (1) or for the performance of basic pension operations; in such cases, the head of the relevant institution that receives such request shall comply therewith unless there is a compelling reason not to do so: <Amended on Dec. 27, 2016; Mar. 20, 2018; Aug. 27, 2019> |
| 1. | Data or information relating to income and assets: |
| a. | Financial information, credit information, and insurance information; |
| b. | Taxation information under Article 81-13 of the Framework Act on National Taxes and Article 86 of the Framework Act on Local Taxes, for which the consent of the party has been obtained; |
| c. | Data or information relating to land, buildings, automobiles, vessels, aircraft, rights to move into housing units, rights to purchase housing units, standing timber, fishing rights, aquaculture rights, and membership rights under subparagraphs 14 through 18 of Article 6 of the Local Tax Act; |
| d. | Data or information relating to the receipt of National Pension, health insurance, employment insurance, industrial accident compensation insurance, veterans’ benefits, Public Officials Pension, public officials’ accident compensation benefits, Military Pension, private school teachers’ pension, and Special Post Office Pension; |
| 2. | Data or information relating to personal information: |
| a. | Data or information relating to records of entry into and departure from the Republic of Korea; |
| b. | Data or information relating to admission to or release from correctional facilities under the Act on Execution of Sentences and Treatment of Inmates (hereinafter referred to as "correctional facilities") and medical treatment and custody facilities prescribed in the Medical Treatment and Custody Act (hereinafter referred to as "medical treatment and custody facilities"); |
| c. | Data or information on criminal records; |
| d. | Data or information related to burial, cremation, and funeral; |
| e. | Data or information on resident registration and family relation registration; |
| f. | Data or information on reports of persons who have run away or gone missing and on dispositions relating to the management of an absentee’s assets. |
| (3) | A public official who visits, conducts an investigation, or makes inquiries under paragraph (1) shall carry identification indicating his or her authority and documents stating the period of investigation, scope of investigation, investigator in charge, applicable statutes or regulations, and other matters prescribed by Decree of the Ministry of Health and Welfare, and show them to relevant persons. <Amended on Feb. 3, 2016> |
| (4) | If a basic pension applicant, a person entitled to a basic pension, or a basic pension recipient fails to submit documents or data under paragraph (1), submits false documents or data, refuses, interferes with, or evades an investigation or inquiry, or gives a false answer, the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may reject the application for a basic pension, revoke the decision to grant a basic pension, or suspend payment of a basic pension. |
| (5) | If data or information are provided under paragraph (2), any charges, fees, etc. imposed under the relevant statutes or regulations shall be exempted from payment. |
| (6) | Except as provided in this Act, the scope, timing, details, procedures, methods, etc. of investigations and inquiries prescribed in paragraph (1) shall be governed by the Framework Act on Administrative Investigations, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2016> |
| Article 12 (Provision of financial information, etc.) |
| (1) | Notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) of the Credit Information Use and Protection Act, the Minister of Health and Welfare may, if necessary to carry out the basic pension program and to use it in examining the entitlement of a basic pension applicant, request the heads of financial institutions, etc. (referring to financial companies, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agencies under Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information (hereinafter referred to as “financial information, etc.”) of the basic pension applicant and his or her spouse, by means of a document obtained by converting into electronic form the written consent submitted by the basic pension applicant and his or her spouse under Article 10(2). |
| (2) | Notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) of the Credit Information Use and Protection Act, the Minister of Health and Welfare may, if he or she deems it necessary to use it in examining the entitlement of a person entitled to a basic pension, request the heads of financial institutions, etc. to provide financial information, etc. of the person entitled to a basic pension and his or her spouse, by means of a document stating personal information or through information and communications networks in accordance with standards prescribed by Presidential Decree. |
| (3) | Notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act, the head of a financial institution, etc. who receives a request for provision of financial information, etc. under paragraph (1) or (2) shall provide the financial information, etc. of the relevant account holder. |
| (4) | Notwithstanding Article 4-2(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(7) of the Credit Information Use and Protection Act, the head of a financial institution, etc. who provides financial information, etc. under paragraph (3) need not notify the account holder of the provision of such financial information, etc.; provided, when requested by the account holder of the financial information, etc., the fact that the financial information, etc. has been provided shall be notified. <Amended on Mar. 11, 2015> |
| (5) | A request for the provision of financial information, etc. and the provision thereof under paragraphs (1) through (3) shall be made through an information and communications network under Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; provided, this shall not apply where there is an unavoidable reason such as damage to the information and communications network. |
| (6) | No person engaged in duties under paragraphs (1) through (3) (including persons delegated or entrusted with authority under Article 28) shall provide to another person or disclose financial information, etc. obtained in the course of performing his or her duties for purposes other than those prescribed in this Act. |
| (7) | Matters necessary for requests for the provision of financial information, etc., the provision thereof, etc. under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree. |
| Article 13 (Determination on payment of basic pensions) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine the accrual of, change in, or loss of, and other matters relating to entitlement to a basic pension after conducting an investigation under Article 11. |
| (2) | In determining whether entitlement to a basic pension accrues under paragraph (1), if the level of income and property of a basic pension applicant and his or her spouse evaluated through all or part of the data or information provided under Article 11 or Article 12 is equal to or lower than the level determined by the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may omit part of the relevant investigation and determine the accrual of entitlement to a basic pension. <Added on Jun. 8, 2021> |
| (3) | If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu makes a determination under paragraph (1), he or she shall notify the person entitled to a basic pension of the details of such determination in writing without delay, specifying grounds therefor. <Amended on Jun. 8, 2021> |
| (4) | Matters necessary for the procedures for determining the accrual of, change in, loss, etc. of entitlement to a basic pension and for notification thereof, etc. under paragraphs (1) and (3) shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Jun. 8, 2021> |
| Article 14 (Payment of, and timing for, payment of basic pensions) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall pay a basic pension regularly each month to a person determined as a person entitled to a basic pension under Article 13(1), from the month in which the date of application for a basic pension falls to the month in which the date of loss of entitlement to a basic pension falls under Article 17. |
| (2) | No basic pension shall be paid during a period in which the payment of a basic pension is suspended under Article 16(1). |
| (3) | Matters necessary for the methods, procedures, etc. for payment of a basic pension under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Health and Welfare. |
CHAPTER IV FOLLOW-UP MANAGEMENT OF BASIC PENSION RECIPIENTS
| Article 15 (Unpaid basic pensions) |
| (1) | If a person entitled to a basic pension dies and any unpaid basic pension amount remains payable to him or her, a person obliged to support the person entitled to a basic pension (referring to his or her spouse, lineal blood relatives, and their spouses) who lived together in the same household with him or her as at the time of his or her death may claim such unpaid basic pension. In such cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, without delay, determine whether the unpaid basic pension shall be paid and notify such person thereof. |
| (2) | Matters necessary for the procedures and methods for claiming unpaid basic pensions, criteria for recognizing persons obliged to provide support, order of payment, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 16 (Suspension of payment of basic pensions) |
| (1) | If a basic pension recipient falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall suspend the payment of the basic pension from the month following the month in which such ground arises until the month in which such ground ceases to exist: |
| 1. | Where a basic pension recipient is confined in a correctional facility or a medical treatment and custody facility after being sentenced to imprisonment without labor or heavier punishment declared by a court; |
| 2. | Where a basic pension recipient is presumed to have died, such as where his or her whereabouts are unknown or he or she has disappeared, as prescribed by Presidential Decree; |
| 3. | Where the period of overseas stay of a basic pension recipient continues for 60 days or longer.; in such cases, the date on which the 60th day of overseas stay falls shall be deemed the date on which the ground for suspension of payment arises; |
| 4. | Other cases prescribed by Presidential Decree that are equivalent to those provided in subparagraphs 1 through 3. |
| (2) | Matters necessary for the procedures, etc. for suspension of payment under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 17 (Loss of basic pension entitlement) |
A basic pension recipient shall lose his or her basic pension entitlement in any of the following cases:
| 2. | When he or she loses his or her nationality or emigrates overseas; |
| 3. | When he or she ceases to be a basic pension recipient under Article 3. |
| (1) | In any of the following cases, a basic pension recipient shall file a report on such fact with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within 30 days, as prescribed by Presidential Decree; provided, in cases falling under subparagraph 2 (limited to cases falling under subparagraph 1 of Article 17), a person responsible for filing reports under Article 85 of the Act on Registration of Family Relations shall file the report with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: |
| 1. | Where a ground for suspension of payment under Article 16(1) ceases to exist; |
| 2. | Where a ground for loss of basic pension entitlement under Article 17 arises; |
| 3. | Where any change meeting the standards prescribed by Presidential Decree occurs in the income or property of a basic pension recipient or his or her spouse; |
| 4. | Where a basic pension recipient marries or divorces, or his or her spouse dies; |
| 5. | Where any other ground prescribed by Decree of the Ministry of Health and Welfare arises. |
| (2) | Where a person responsible for filing reports under Article 85 of the Act on Registration of Family Relations files a death report of a basic pension recipient under Article 84 of that Act, such report shall be deemed to have been filed under the proviso, with the exception of the subparagraphs, of paragraph (1). <Added on Feb. 3, 2016> |
| (3) | Matters necessary for the details, methods, procedures, etc. of reports under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 3, 2016> |
| Article 19 (Recovery of basic pension amount) |
| (1) | If a person who has received a basic pension falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall recover the basic pension amount paid, as prescribed by Presidential Decree. In such cases, in cases falling under subparagraph 1, interest prescribed by Presidential Decree shall be added to the basic pension amount paid: |
| 1. | Where a basic pension is received by fraud or other improper means; |
| 2. | Where a basic pension is paid for a period during which the payment of the basic pension is suspended under Article 16; |
| 3. | Where a basic pension is erroneously paid due to any other reason. |
| (2) | If any basic pension amount is payable to a person liable to pay the basic pension amount to be recovered under paragraph (1) (hereinafter referred to as the “amount to be recovered”), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may offset the basic pension amount payable against the amount to be recovered. |
| (3) | If the amount to be recovered is less than the amount prescribed by Presidential Decree, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu need not recover such amount. |
| Article 20 (Notice of, demand for, and collection of, amount to be recovered) |
| (1) | In order to collect the amount to be recovered under Article 19(1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a written notice of payment specifying the amount to be recovered, the deadline for payment, etc. |
| (2) | If a person who has received the notice under paragraph (1) fails to pay the amount to be recovered by the deadline, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall demand payment by setting a deadline, as prescribed by Presidential Decree. |
| (3) | If a person who has received the demand under paragraph (2) fails to pay the amount to be recovered by the deadline, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall collect the amount in the same manner as delinquent local taxes are collected. |
CHAPTER V PROTECTION OF RIGHTS OF PERSONS ENTITLED TO BASIC PENSIONS
| Article 21 (Protection of basic pension entitlement) |
| (1) | Basic pension entitlement shall neither be transferred nor offered as collateral, nor shall it be subject to seizure. |
| (2) | No money or valuables paid as a basic pension shall be seized. |
| Article 22 (Filing of objections) |
| (1) | A person who has an objection to a determination under Article 13 or any other disposition under this Act may file an objection with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
| (2) | An objection under paragraph (1) shall be filed in writing within 90 days from the date on which the person becomes aware of the relevant disposition; provided, if he or she proves that the objection could not be filed within that period due to good cause, he or she may file the objection within 60 days from the date on which such cause ceases to exist. |
| (3) | Matters necessary for procedures for filing objections and for notification of determinations thereon, etc. under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Health and Welfare. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 23 (Prescription) |
If the right to recover an amount to be recovered under Article 19 or the right of a person entitled to a basic pension is not exercised for 5 years, it shall lapse by prescription.
| Article 24 (Treatment of fractions) |
In calculating a basic pension amount, an amount to be recovered, etc. under this Act, any fraction of less than 10 won shall not be calculated.
| Article 25 (Apportionment of expenses) |
| (1) | The State shall bear expenses corresponding to a ratio prescribed by Presidential Decree within the range of at least 40/100 and not more than 90/100 of the expenses incurred in paying basic pensions, taking into consideration the proportion of senior citizens in local governments, the financial conditions of local governments, etc. |
| (2) | The remainder after deducting the expenses to be borne by the State under paragraph (1) shall be shared by a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as “City/Do”) and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply). In such cases, the ratio of such burden shall be prescribed by municipal ordinance of each City/Do and Si/Gun/Gu in consultation with the Minister of Health and Welfare, taking into consideration the proportion of senior citizens, the financial conditions, etc. |
| Article 26 (Establishment and operation of the Basic Pension Information System) |
| (1) | The Minister of Health and Welfare may establish and operate a Basic Pension Information System (hereinafter referred to as the “Basic Pension Information System”) as prescribed by Presidential Decree for the efficient processing and management of data or information related to basic pensions under this Act. |
| (2) | The Minister of Health and Welfare may use the information system under Article 6-2(2) of the Social Welfare Services Act in linkage with the Basic Pension Information System in order to efficiently perform duties relating to basic pensions. |
| Article 27 (Collection of data and information) |
The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, and the National Pension Service entrusted with duties under Article 28(2) may process documents, data or information submitted or provided under Articles 11 and 12 for the smooth performance of duties relating to basic pensions.
| Article 28 (Delegation and entrustment of authority) |
| (1) | The Minister of Health and Welfare may delegate part of his or her authority under this Act to a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu as prescribed by Presidential Decree. |
| (2) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may entrust the following duties to the National Pension Service under Article 24 of the National Pension Act as prescribed by Presidential Decree for the smooth performance of duties relating to the basic pension business: <Amended on Feb. 3, 2016> |
| 1. | Receipt of applications filed under Article 10; |
| 1-2. | Provision of information under Article 10-2; |
| 2. | Support for investigations and inquiries under Article 11; |
| 3. | Payment of basic pensions under Article 14(1); |
| 4. | Receipt of claims for unpaid basic pensions under the former part of Article 15(1); |
| 5. | Receipt of reports under Article 18(1); |
| 6. | Notice of, demand for, and collection of the amount to be recovered under Article 20; |
| 7. | Receipt of appeals under Article 22(1); |
| 8. | Establishment and operation of the Basic Pension Information System. |
| (3) | A person delegated or entrusted with authority under paragraphs (1) and (2) shall be exempt from charges, fees, etc. imposed under the relevant statutes or regulations on data or information provided under Article 11(2). |
CHAPTER VII PENALTY PROVISIONS
| Article 29 (Penalty provisions) |
| (1) | Any person who provides financial information, etc. to another person or discloses such information in violation of Article 12(6) shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won. <Amended on Sep. 19, 2017> |
| (2) | Deleted. <Sep. 19, 2017> |
| (3) | Any person who receives a basic pension by fraud or other improper means shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won. <Amended on Sep. 19, 2017> |
| Article 30 (Joint penalty provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual violates Article 29(1) in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in that Article in addition to punishing the violators accordingly; provided, this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant business affairs to prevent such violation. <Amended on Sep. 19, 2017>
| Article 31 (Administrative fines) |
| (1) | Any person who, without good cause, fails to submit documents or other data relating to his or her income, assets, etc. under Article 11(1), submits false documents or data, refuses, obstructs, or evades investigations or inquiries, or gives a false answer shall be subject to an administrative fine not exceeding 200,000 won. |
| (2) | Any person who fails to file a report under Article 18 without good cause shall be subject to an administrative fine not exceeding 100,000 won. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDA <Act No. 12617, May 20, 2014>
Article 1 (Enforcement date)
This Act shall enter into force on July 1, 2014; provided, Article 15(5) of the Addenda shall enter into force on August 7, 2014.
Article 2 (Repeal of other statutes)
The Basic Old-Age Pension Act shall be repealed.
Article 3 (Preparatory acts for enforcement of the Act)
| (1) | If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it necessary for the enforcement of this Act, he or she may accept applications for basic pensions under Article 10(1) before this Act enters into force. In such cases, he or she may require a basic pension applicant and his or her spouse to submit a written consent under Article 10(2). |
| (2) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, before this Act enters into force, request the head of the relevant institution to provide data or information necessary for preparations for the enforcement of this Act under Article 11(2). |
| (3) | If the Minister of Health and Welfare deems it necessary for the enforcement of this Act, he or she may, before this Act enters into force, request the head of a financial institution, etc. to provide financial information, etc. under Article 12. |
| (4) | If the Minister of Health and Welfare deems it necessary for the enforcement of this Act, he or she may take measures necessary for the establishment and operation of the Basic Pension Information System before this Act enters into force. |
| (5) | The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, before this Act enters into force, take measures necessary for the implementation of the system, including determinations and payments under Articles 13 and 14. |
Article 4 (Applicability to suspension of payment of basic pensions)
Article 16(1)3 shall begin to apply to persons who depart from the Republic of Korea after this Act enters into force.
Article 5 (Special cases concerning payment of basic pensions)
| (1) | Notwithstanding Article 3(3), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may pay 50/100 of the standard pension amount as a basic pension to a person who meets all the following requirements among persons excluded from the scope of persons entitled to a basic pension by falling under Article 3(3) as at the time this Act enters into force: |
| 1. | A person who was born on or before June 30, 1949; |
| 2. | A person entitled to a basic old-age pension under the previous Basic Old-Age Pension Act; |
| 3. | A person whose recognized income does not exceed the income threshold. |
| (2) | Notwithstanding Article 3(3), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may pay a basic pension in an amount equivalent to 50/100 of the basic benefit amount of the disability pension to a person who meets all the following requirements among persons who fall under Article 3(3) and are therefore excluded from the scope of persons entitled to a basic pension as at the time he or she reaches the age of 65 after this Act enters into force: |
| 1. | A person with a severe disability under the Disability Pension Act; |
| 2. | A person who was born on or before June 30, 1996; |
| 3. | A person entitled to a disability pension to whom the special provisions under Article 4 of the Addenda to the Disability Pension Act apply as at the time he or she reaches the age of 65, notwithstanding Article 4(3) of the partially amended Disability Pension Act promulgated and enforced together with this Act; |
| 4. | A person whose recognized income as at the time he or she reaches the age of 65 does not exceed the income threshold. |
| (3) | If the recognized income of a person entitled to a basic pension under paragraph (1) or (2) exceeds the income threshold (referring to the income threshold publicly notified under Article 3(1) and applied for the relevant year) after payment of the basic pension begins, the basic pension shall not be paid from the month following the month in which such income exceeds the income threshold. |
| (4) | When a basic pension is paid to a person entitled to a basic pension under paragraph (1) or (2), the basic pension amount may be reduced under Article 8. |
Article 6 (Establishment of the System Improvement Committee)
A System Improvement Committee shall be established and operated in the National Assembly to examine the financial conditions and the effect of reducing poverty among senior citizens, in accordance with the schedule for actuarial valuation of the National Pension conducted under Article 4 of the National Pension Act, for the long-term development of the basic pension system and the National Pension system.
Article 7 (Transitional measures concerning standard pension amount)
The standard pension amount from the date this Act enters into force until it is publicly notified under Article 5(2) shall be 200,000 won.
Article 8 (Transitional measures concerning application for basic pensions)
| (1) | Recipients and persons entitled to basic old-age pensions, and persons who have applied for basic old-age pensions under the previous Basic Old-Age Pension Act as at the time this Act enters into force shall be deemed to have applied for a basic pension on the date this Act enters into force under Article 10. |
| (2) | Among persons deemed to have applied for a basic pension under paragraph (1), persons entitled to and recipients of basic old-age pensions under the previous Basic Old-Age Pension Act as at the time this Act enters into force shall be deemed persons entitled to a basic pension under this Act, and an investigation under Article 11 in relation to the accrual of entitlement to a basic pension may be omitted. |
Article 9 (Transitional measures concerning consent to provision of financial information, etc.)
Consent to the provision of data or information given under Article 6(2) of the previous Basic Old-Age Pension Act by a person who is deemed to have applied for a basic pension under Article 8(1) of the Addenda as at the time this Act enters into force shall be deemed consent to the provision of financial information, etc. given to the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (including persons delegated or entrusted with authority under Article 28) under Article 10(2) of this Act.
Article 10 (Transitional measures concerning personal information)
Personal information and financial information, etc. collected, managed, and retained under Articles 7 and 7-2 of the previous Basic Old-Age Pension Act as at the time this Act enters into force shall be deemed personal information and financial information, etc. collected, managed, and retained under Articles 11 and 12 of this Act.
Article 11 (Transitional measures concerning payment of previous basic old-age pensions)
A basic old-age pension may be paid to any of the following persons in accordance with the previous Basic Old-Age Pension Act:
| 1. | A person who has applied for or claimed a basic old-age pension under the former part of Article 6(1) or the former part of Article 9(1) of the previous Basic Old-Age Pension Act before this Act enters into force; |
| 2. | A person whose basic old-age pension has been suspended under Article 10 of the previous Basic Old-Age Pension Act and for whom the grounds for such suspension have ceased to exist, but who has failed to file a report on the cessation of such grounds under the previous Basic Old-Age Pension Act and statutes or regulations thereunder before this Act enters into force. |
Article 12 (Transitional measures concerning collection of amounts to be recovered from previous undue gains)
| (1) | The previous Basic Old-Pension Act shall apply to the collection of the amount to be recovered from undue gains under Article 12 of the previous Basic Old-Age Pension Act as at the time this Act enters into force. |
| (2) | If any basic pension amount is payable to a person subject to the recovery of the amount of basic old-age pension to be recovered under paragraph (1), the amount of the basic pension payable may be offset against the amount of the basic old-age pension to be recovered. |
Article 13 (Transitional measures concerning previous filing of objections)
Article 15 of the previous Basic Old-Age Pension Act shall apply to the processing of objections filed against dispositions imposed under the previous Basic Old-Age Pension Act and Articles 11 and 12 of the Addenda.
Article 14 (Transitional measures concerning penalty provisions)
The previous Basic Old-Age Pension Act shall apply to the application of penalty provisions for violations of the previous Basic Old-Age Pension Act committed before this Act enters into force.
Article 15 Omitted.
Article 16 (Relationship to other statutes or regulations)
Where any other statutes or regulations cite the previous Basic Old-Age Pension Act or the provisions thereof as at the time this Act enters into force, it shall be deemed to have cited this Act or the relevant provisions of this Act in lieu of the previous provisions, if any provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 13988, Feb. 3, 2016>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to reporting of death)
The amended provisions of Article 18(2) shall also apply where a death has been reported under the Act on Registration of Family Relations before this Act enters into force.
ADDENDA <Act No. 14474, Dec. 27, 2016>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 14881, Sep. 19, 2017>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDA <Act No. 15522, Mar. 20, 2018>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 30 Omitted.
ADDENDUM <Act No. 15536, Mar. 27, 2018>
This Act shall enter into force on September 1, 2018.
ADDENDA <Act No. 16240, Jan. 15, 2019>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16241, Jan. 15, 2019>
Article 1 (Enforcement date)
This Act shall enter into force on April 1, 2019.
Article 2 (Preparatory acts for enforcement of this Act)
The Minister of Health and Welfare may determine and publicly notify the income threshold for identifying low-income persons under the amended provisions of Article 5-2(2) before this Act enters into force.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 16761, Dec. 10, 2019>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 16868, Jan. 21, 2020>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Effective period)
Article 5-2 shall remain effective until December 31, 2020.
Article 3 (Applicability to period of application and calculation of standard pension amount)
The amended provisions of Articles 5(2) and 5-2(1) shall begin to apply to the standard pension amount for the month in which the date of promulgation falls.
ADDENDUM <Act No. 18213, Jun. 8, 2021>
This Act shall enter into force on January 1, 2022.
ADDENDA <Act No. 21065, Oct. 1, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amendments to the statutes amended under Article 7 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force ... <omitted> ... on the respective enforcement dates of the relevant statutes.
Articles 2 through 8 Omitted.