NATIONAL PENSION ACT
Wholly Amended by Act No. 3902, Dec. 31, 1986
Amended by Act No. 4110, Mar. 31, 1989
Act No. 4541, Mar. 6, 1993
Act No. 4909, Jan. 5, 1995
Act No. 4971, Aug. 4, 1995
Act No. 5454, Dec. 13, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5623, Dec. 31, 1998
Act No. 5982, May 24, 1999
Act No. 6027, Sep. 7, 1999
Act No. 6164, Jan. 12, 2000
Act No. 6124, Jan. 12, 2000
Act No. 6286, Dec. 23, 2000
Act No. 7347, Jan. 27, 2005
Act No. 7655, Aug. 4, 2005
Act No. 8635, Aug. 3, 2007
Act No. 8728, Dec. 21, 2007
Act No. 9385, Jan. 30, 2009
Act No. 9431, Feb. 6, 2009
Act No. 9691, May 21, 2009
Act No. 9754, Jun. 9, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10012, Feb. 4, 2010
Act No. 10305, May 20, 2010
Act No. 10339, Jun. 4, 2010
Act No. 10682, May 19, 2011
Act No. 10783, Jun. 7, 2011
Act No. 10866, Jul. 21, 2011
Act No. 11024, Aug. 4, 2011
Act No. 11143, Dec. 31, 2011
Act No. 11141, Dec. 31, 2011
Act No. 11511, Oct. 22, 2012
Act No. 11599, Dec. 18, 2012
Act No. 11644, Mar. 22, 2013
Act No. 11690, Mar. 23, 2013
Act No. 11849, Jun. 4, 2013
Act No. 11974, Jul. 30, 2013
Act No. 12242, Jan. 14, 2014
Act No. 13100, Jan. 28, 2015
Act No. 13364, Jun. 22, 2015
Act No. 13642, Dec. 29, 2015
Act No. 14214, May 29, 2016
Act No. 14438, Dec. 20, 2016
Act No. 14693, Mar. 21, 2017
Act No. 14921, Oct. 24, 2017
Act No. 15267, Dec. 19, 2017
Act No. 15522, Mar. 20, 2018
Act No. 15876, Dec. 11, 2018
Act No. 16240, Jan. 15, 2019
Act No. 16652, Nov. 26, 2019
Act No. 16761, Dec. 10, 2019
Act No. 16867, Jan. 21, 2020
Act No. 17758, Dec. 29, 2020
Act No. 17774, Dec. 29, 2020
Act No. 18212, Jun. 8, 2021
Act No. 18326, Jul. 27, 2021
Act No. 18608, Dec. 21, 2021
Act No. 19294, Mar. 28, 2023
Act No. 20447, Sep. 20, 2024
Act No. 20584, Dec. 20, 2024
Act No. 21065, Oct. 1, 2025
Act No. 21100, Nov. 11, 2025
Act No. 21146, Nov. 25, 2025
Act No. 21203, Dec. 16, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the stabilization of the livelihood of the people and the promotion of their welfare by providing pension benefits in cases of old age, disability, or death.
| Article 2 (Administration) |
The Minister of Health and Welfare shall be in charge of the operations of the National Pension provided under this Act. <Amended on Feb. 29, 2008; Jan. 18, 2010>
| (1) | The terms used in this Act are defined as follows: <Amended on Jun. 7, 2011; Jan. 28, 2015; May 29, 2016; Mar. 28, 2023> |
| 1. | The term "employee" means a person (including directors or other executive officers of a corporation) who provides labor at a workplace, regardless of the type of occupation, and receives wages in return for such labor to maintain their livelihood; provided, persons prescribed by Presidential Decree shall be excluded. |
| 2. | The term "employer" means the business owner of a workplace to which a relevant employee belongs; |
| 3. | The term "income" means the amount obtained by excluding non-taxable income prescribed by Presidential Decree from earnings derived from providing labor for a specified period, or the amount obtained by deducting necessary expenses from revenue derived from operating a business or managing assets; |
| 4. | The term "average monthly income" means the amount computed by averaging the standard monthly income of all workplace-based insured persons and individually insured persons each year; |
| 5. | The term "standard monthly income" means the amount determined on the basis of the monthly income of a person insured under the National Pension (hereinafter referred to as "insured person") to calculate their pension contributions and benefits; |
| 6. | The term "workplace-based insured person" means a person who is insured under the National Pension under Article 8 and who is an employee employed at a workplace or the employer of such workplace; |
| 7. | The term "individually insured person" means a person who is not a workplace-based insured person and who is insured under the National Pension under Article 9; |
| 8. | The term "voluntarily insured person" means a person who is neither a workplace-based insured person nor an individually insured person and who is insured under the National Pension under Article 10; |
| 9. | The term "voluntarily and continuously insured person" means a person who, being a current or former insured person under the National Pension, becomes insured under Article 13 (1); |
| 10. | The term "pension contribution" means the costs required for the operations of the National Pension; with respect to workplace-based insured persons, it means the aggregate of the employer contribution and the employee contribution; and with respect to individually insured persons, voluntarily insured persons, and voluntarily and continuously insured persons, it means the amount paid by the person. |
| 11. | The term "employer contribution" means the amount payable by the employer of a workplace-based insured person; |
| 12. | The term "employee contribution" means the amount payable by a workplace-based insured person; |
| 13. | The term "workplace" means a place of business or office that employs employees; |
| 14. | The term "entitlement to benefits" means the right to receive benefits under this Act; |
| 15. | The term "person entitled to benefits" means a person who has entitlement to benefits; |
| 16. | The term "beneficiary" means a person who is receiving benefits under this Act; |
| 17. | The term "date of the first medical examination" means the date on which a person first underwent a medical examination by a physician for the disease or injury that constitutes the principal cause of the disability. In such cases, specific criteria for determining the date of the first medical examination for a disease or injury shall be determined and publicly notified by the Minister of Health and Welfare; |
| 18. | The term "date of complete recovery" means the date on which the disease or injury that constitutes the principal cause of the disability falls under any of the following items. In such cases, specific criteria for determining the date of complete recovery by symptom type shall be determined and publicly notified by the Minister of Health and Welfare: |
| a. | The date on which the relevant disease or injury is medically cured; |
| b. | The date on which the symptoms of the disease or injury are deemed to have been fixed, making it impossible to expect any further therapeutic effect; |
| c. | The date on which the disease or injury may be deemed completely recovered in light of the degree of symptoms, although the symptoms have not become fixed; |
| 19. | The term "coverage-eligible period" means the period from age 18 to the date of the first medical examination or to the date of death, excluding any of the following periods; provided, where a person became an insured person before attaining the age of 18, the period during which they paid pension contributions while under the age of 18 (including any period retroactively paid under Article 92 for a period falling under subparagraph 1-2 of paragraph (1) of that Article before the date of the first medical examination or the date of death) shall be included in the coverage-eligible period; and where, before the date of the first medical examination or the date of death, they retroactively paid pension contributions under Article 92 for any period falling under items b and c, such period retroactively paid shall be included in the coverage-eligible period: |
| a. | The period during which they are excluded from eligibility for coverage under the proviso of Article 6; |
| b. | The period, within the time they are aged 18 or older but under 27, during which they are excluded from being an individually insured person under subparagraph 3 of Article 9; |
| c. | The period, within the time they are aged 18 or older but under 27, during which they did not pay pension contributions under each subparagraph of Article 91 (1) (in cases falling under Article 91 (1) 2, any such period at 27 or older is included). |
| (2) | In applying this Act, a spouse, husband or wife includes any person who is in a de facto marital relationship. |
| (3) | If an insured person or former insured person acquires entitlement to benefits and the fetus is born thereafter, the child shall be deemed to be a child whose livelihood is supported by the insured person or former insured person. <Amended on May 29, 2016> |
| (4) | The range of income according to the types of insured persons, methods of calculating the amount of average monthly income, methods of determining the amount of standard monthly income, and the period for application thereof, etc., shall be prescribed by Presidential Decree. <Added on Jan. 28, 2015> |
| Article 3-2 (Responsibilities of the State) |
The State shall ensure the stable and continuous payment of pension benefits under this Act and shall establish and implement policy measures necessary therefor. <Amended on Apr. 2, 2025>
[This Article Added on Jan. 14, 2014]
| Article 4 (Actuarial valuation of the National Pension and maintenance of long-term financial balance) |
| (1) | The levels of benefits and pension contributions under this Act shall be adjusted to ensure that finances of the National Pension remain in long-term balance. |
| (2) | The Minister of Health and Welfare shall conduct an actuarial valuation of the finances of the National Pension every 5 years, as prescribed by Presidential Decree, and formulate a comprehensive plan on the overall operation of the National Pension, which shall include financial projections, adjustment of pension contributions, and an operational plan for the National Pension Fund; shall obtain the President's approval after deliberation by the State Council; shall submit the approved plan to the National Assembly by the end of October of the relevant year and report it to the competent standing committee; and shall make it public, as prescribed by Presidential Decree; provided, where necessary due to sharp economic fluctuations, etc., a new actuarial valuation may be conducted and a comprehensive plan on the overall operation of the National Pension may be formulated even before 5 years elapse. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 29, 2020> |
| (3) | If there is a significant change in the maintenance of the long-term financial balance of the National Pension, the demographic structure, the standard of living, wages, prices, or other economic conditions, the pension contributions, benefit amounts, and eligibility requirements for benefits under this Act shall be adjusted accordingly. <Amended on Jan. 14, 2014> |
[Title Amended on Jan. 14, 2014]
| Article 5 (National Pension Review Committee) |
| (1) | A National Pension Review Committee shall be established in the Ministry of Health and Welfare to deliberate on the following matters relating to the operations of the National Pension:<Amended on Feb. 29, 2008; Jan. 18, 2010> |
| 1. | Matters relating to the National Pension and the actuarial valuation of its finances; |
| 2. | Matters relating to benefits; |
| 3. | Matters relating to pension contributions; |
| 4. | Matters relating to the National Pension Fund; |
| 5. | Other matters relating to the operation of the National Pension that the Minister of Health and Welfare refers to the committee. |
| (2) | The National Pension Review Committee shall consist of a chairperson, a vice chairperson, and members; the Vice Minister of Health and Welfare shall be the chairperson of the Committee, and the vice chairperson shall be elected from among and by the committee members representing the public interest; and the committee members shall be designated or commissioned by the Minister of Health and Welfare in accordance with the following classifications: <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 11, 2018> |
| 1. | Four persons recommended by employers' organizations to represent employers; |
| 2. | Four persons recommended by employees' organizations to represent employees; |
| 3. | Persons representing individually insured persons, as follows: |
| a. | Two persons recommended by organizations of farmers and fishers; |
| b. | Two persons recommended by organizations related to self-employed persons, other than organizations of farmers and fishers; |
| c. | Two persons recommended by consumer groups and civic groups; |
| 4. | Four members representing beneficiaries; |
| 5. | Five experts having knowledge of and experience in the National Pension as members representing the public interest. |
| (3) | Necessary matters relating to the organization, operation, etc. of the National Pension Review Committee shall be prescribed by Presidential Decree. |
CHAPTER II PERSONS INSURED UNDER THE NATIONAL PENSION
| Article 6 (Eligibility for coverage) |
Korean nationals residing in the Republic of Korea who are aged 18 or older but under 60 shall be eligible for insured status under the National Pension; provided, this shall not apply to public officials, members of the armed forces, teachers and staff, and employees of special post offices who are subject to the Public Officials Pension Act, the Military Pension Act, the Pension for Private School Teachers and Staff Act, and the Special Post Offices Act, respectively, and to other persons prescribed by Presidential Decree. <Amended on May 29, 2016>
| Article 7 (Types of insured persons) |
Insured persons shall be classified into workplace-based insured persons, individually insured persons, voluntarily insured persons, and voluntarily and continuously insured persons.
| Article 8 (Workplace-based insured persons) |
| (1) | Employees and employers who are aged 18 or older but under 60 in a workplace prescribed by Presidential Decree, taking into account the type of business and the number of employees (hereinafter referred to as "workplaces subject to mandatory coverage") shall become workplace-based insured persons by operation of law; provided, this shall not apply to any of the following persons: <Amended on Feb. 6, 2009; Mar. 20, 2018; Dec. 10, 2019> |
| 1. | A person who has become entitled to a retirement pension, a disability pension, or a lump-sum retirement pension under the Public Officials Pension Act, the Public Officials' Accident Compensation Act, the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act; a retirement pension or a lump-sum retirement pension under the Military Pension Act; or a disability pension under the Military Accident Compensation Act (hereinafter referred to as "a person entitled to a retirement pension, etc."); provided, this shall not apply where a person entitled to a retirement pension, etc. has filed an application for aggregation under Article 8 of the Act on Aggregation of National Pension and Occupational Pensions; |
| 2. | Deleted. <Jun. 7, 2011> |
| (2) | Notwithstanding paragraph (1) and Article 6, an employee under 18 who works at a workplace covered by the National Pension shall be deemed to be a workplace-based insured person; provided, if they do not wish to do so, they need not become a workplace-based insured person. <Amended on Jan. 28, 2015> |
| (3) | Notwithstanding paragraph (1), a beneficiary of livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act, or a beneficiary of medical benefits under subparagraph 3 of that paragraph, need not become a workplace-based insured person. <Added on Jun. 7, 2011; Dec. 29, 2015> |
| Article 9 (Individually insured persons) |
A person who is not a workplace-based insured person under Article 8 and who is aged 18 or older but under 60 shall become an individually insured person by operation of law; provided, this shall not apply to any of the following persons: <Amended on Feb. 6, 2009; Dec. 29, 2015>
| 1. | A person who has no separate income and is the spouse of a person falling under any of the following items: |
| a. | A person who is excluded from eligibility for coverage under the National Pension under the proviso of Article 6; |
| b. | A workplace-based insured person, an individually insured person, or a voluntarily and continuously insured person; |
| c. | Deleted; <May 29, 2016> |
| d. | A person entitled to an old-age pension or a retirement pension, etc.; |
| 2. | A person entitled to a retirement pension, etc.; provided, this shall not apply where a person entitled to a retirement pension, etc. has filed an application for aggregation under Article 8 of the Act on Aggregation of National Pension and Occupational Pensions; |
| 3. | A person who is aged 18 or older but under 27 and has no income for reasons such as being a student or serving in the military (excluding those who have paid pension contributions); |
| 4. | A beneficiary of livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act, or a beneficiary of medical benefits under subparagraph 3 of that paragraph; |
| 5. | A person whose whereabouts have been unknown for at least 1 year. In such cases, the criteria and methods for determining whether a person is missing shall be prescribed by Presidential Decree. |
| Article 10 (Voluntarily insured persons) |
| (1) | A person, other than any of the following, who is aged 18 or older but under 60 may become a voluntarily insured person by filing an application for insured status under the National Pension with the National Pension Service, as prescribed by Decree of the Ministry of Health and Welfare: <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| 1. | A workplace-based insured person; |
| 2. | An individually insured person. |
| (2) | A voluntarily insured person may withdraw by filing an application with the National Pension Service, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| Article 11 (Timing of acquisition of insured status) |
| (1) | A workplace-based insured person shall acquire insured status on the date they fall under any of the following subparagraphs: |
| 1. | When they are employed at a workplace under the main clause of Article 8 (1) or when they become the employer of such workplace; |
| 2. | When their workplace becomes a workplace subject to mandatory coverage. |
| (2) | An individually insured person shall acquire insured status on the date they fall under any of the following; in the cases under subparagraph 3 or 4, if it is impossible to ascertain the date on which income arose, they shall acquire insured status on the date they file a report in accordance with Article 21 (2): <Amended on Jun. 7, 2011> |
| 1. | When they lose the status of a workplace-based insured person; |
| 2. | When they cease to be a person excluded from coverage under the National Pension under the proviso of Article 6; |
| 3. | When their spouse under subparagraph 1 of Article 9 comes to have separate income; |
| 4. | When a person aged 18 or over but under 27 comes to have income. |
| (3) | A voluntarily insured person shall acquire insured status on the date their application for coverage is accepted. |
| Article 12 (Timing of loss of insured status) |
| (1) | A workplace-based insured person shall lose insured status on the day following the date on which they fall under any of the following; provided, in cases falling under subparagraph 5, they shall lose insured status on the date on which they fall under that subparagraph: |
| 2. | When they lose their nationality or emigrate to a foreign country; |
| 3. | When their employment relationship terminates; |
| 4. | When they reach age 60; |
| 5. | When they become a person excluded from coverage under the proviso of Article 6. |
| (2) | An individually insured person shall lose insured status on the day following the date on which they fall under any of the following; provided, in cases falling under subparagraphs 3 and 4, they shall lose insured status on the date on which they fall under those subparagraphs: |
| 2. | When they lose their nationality or emigrate to a foreign country; |
| 3. | When they become a person excluded from coverage under the proviso of Article 6; |
| 4. | When they acquire the status of a workplace-based insured person; |
| 5. | When, as a spouse under subparagraph 1 of Article 9, they come to have no separate income. |
| 6. | When they reach age 60. |
| (3) | A voluntarily insured person shall lose insured status on the day following the date on which they fall under any of the following; provided, in cases falling under subparagraphs 6 and 7, they shall lose insured status on the date on which they fall under those subparagraphs: |
| 2. | When they lose their nationality or emigrate to a foreign country; |
| 3. | When their application for withdrawal under Article 10 (2) is accepted; |
| 4. | When they reach age 60; |
| 5. | When they have been continuously in arrears with pension contributions for at least the period prescribed by Presidential Decree; |
| 6. | When they acquire the status of a workplace-based insured person or an individually insured person; |
| 7. | When they become a person excluded from coverage under the proviso of Article 6. |
| Article 13 (Voluntarily and continuously insured persons) |
| (1) | Notwithstanding the main clause of Article 6, any of the following persons may become a voluntarily and continuously insured person by filing an application for coverage with the National Pension Service, as prescribed by Decree of the Ministry of Health and Welfare, until they reach age 65; in such cases, they shall acquire such status on the date their application is accepted: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 31, 2011; Jan. 28, 2015; May 29, 2016> |
| 1. | A person who is or was insured under the National Pension and has reached age 60; provided, any of the following persons shall be excluded: |
| a. | A person who has never paid any pension contributions; |
| b. | A person entitled to an old-age pension who is receiving pension benefits; |
| c. | A person who has received a lump-sum refund on the grounds under Article 77 (1) 1; |
| 2. | A person (hereinafter referred to as a "special-occupation employee") who is or was insured under the National Pension as an employee in an occupation prescribed by Presidential Decree for at least 3/5 of their entire period of National Pension coverage, who falls under any of the following items, and is not receiving old-age pension benefits: |
| a. | A person who has acquired entitlement to an old-age pension under Article 61 (1); |
| b. | A person who has acquired entitlement to a special old-age pension under Article 5 of the Addenda to the Act on Partial Amendment of the National Welfare Pension Act (Act No. 3902). |
| (2) | A voluntarily and continuously insured person may withdraw from the National Pension by submitting an application to the National Pension Service, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (3) | A voluntarily and continuously insured person shall lose their status on the day following the date they come to fall under any of the following subparagraphs; provided, in the cases of subparagraph 3, if the last day of the month for which they paid their last pension contribution is the same as or earlier than the date on which an application for withdrawal is accepted and they so request, they shall lose their status on the last day of the month for which they paid their last pension contribution:<Amended on May 29, 2016> |
| 2. | When they lose their nationality or emigrate to a foreign country; |
| 3. | When an application for withdrawal under paragraph (2) is accepted; |
| 4. | When they have been in arrears with pension contributions for at least the period prescribed by Presidential Decree. |
| Article 14 (Verification of insured status) |
| (1) | The National Pension Service shall verify matters relating to the acquisition and loss of insured status and the standard monthly income of insured persons. <Amended on May 29, 2016> |
| (2) | The acquisition or loss of insured status shall take effect at the time of acquisition and loss prescribed in Articles 11 through 13. <Amended on May 29, 2016> |
| (3) | The verification under paragraph (1) shall be conducted upon request of an insured person, by a report under Article 21, or ex officio. |
| (4) | An insured person or a former insured person may, at any time, request verification of the acquisition or loss of insured status, any change in the type of insured person, and any change in their standard monthly income, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; May 29, 2016> |
[Title Amended on May 29, 2016]
| Article 15 (Presumption of Death) |
A person who was aboard a ship or aircraft involved in an accident and whose life or death cannot be ascertained, or a person whose life or death cannot be ascertained for any other reason, shall be presumed to have died, in relation to the verification of insured status and the payment of pensions, as prescribed by Presidential Decree. <Amended on Jan. 28, 2015>
| Article 16 (Certificate of insured status) |
| (1) | If an insured person so requests, the National Pension Service shall issue to them a certificate of National Pension insured status. <Amended on Jun. 7, 2011> |
| (2) | The matters to be stated in the certificate under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jun. 7, 2011> |
| (3) | Matters necessary for issuing the certificate under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare. <Added on Jun. 7, 2011> |
[Title Amended on Jun. 7, 2011]
| Article 17 (Calculation of period of coverage under the National Pension) |
| (1) | The period of coverage under the National Pension (hereinafter referred to as the "period of coverage") shall be calculated on a monthly basis, beginning with the month following the month in which a person acquires insured status and ending with the month in which the day immediately preceding the date on which they lose such status falls; provided, in any of the following cases, the month in which a person acquires insured status shall be included in the period of coverage, and if they reacquire insured status in the month in which the day immediately preceding the date on which they lost insured status falls, the month of reacquisition shall not be counted again in the period of coverage. <Amended on Jun. 7, 2011> |
| 1. | Where the date of acquisition of insured status falls on the first day of that month (excluding cases where they again lose insured status in that same month); |
| 2. | Where a person becomes a voluntarily and continuously insured person; |
| 3. | Where an insured person so requests. |
| (2) | A period during which no pension contribution is paid shall not be included in the period of coverage; provided, where an employer, having deducted the employee contribution from an employee's wages, fails to pay the pension contributions, a period equal to 1/2 of the period of non-payment shall be included in that employee's period of coverage. In such cases, any period of less than 1 month shall be deemed 1 month. |
| (3) | If the National Health Insurance Service established under Article 13 of the National Health Insurance Act (hereinafter referred to as the "Health Insurance Service"), pursuant to Article 90 (4), notifies an employee of their workplace's arrears in pension contributions, then, notwithstanding the proviso of paragraph (2), the period of arrears shall not be included in the period of coverage beginning with the month immediately following the notified month of arrears; in such cases, notwithstanding Article 90 (1), the employee may pay to the Health Insurance Service their employee contribution and the employer contribution corresponding to the period of arrears that is not included in the period of coverage, as prescribed by Presidential Decree, and the following periods shall be included in the period of coverage: <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010; Dec. 31, 2011; Jun. 8, 2021; Jul. 27, 2021> |
| 1. | If the employee pays the employee contribution: A period equal to 1/2 of the period of arrears. In such cases, any period of less than 1 month shall be deemed 1 month. |
| 2. | If the employee pays both the employee contribution and the employer contribution: A period equal to the period of arrears. |
| (4) | If 10 years have elapsed from the monthly payment deadline at the time the employee contribution or the employer contribution is paid under the latter part of paragraph (3), interest prescribed by Presidential Decree shall be added. <Added on Jun. 8, 2021> |
| (5) | If the Health Insurance Service receives or collects from employer pension contributions in arrears, it shall refund to the relevant employee any employee contribution and employer contribution that the employee paid in duplicate under the latter part of paragraph (3), together with interest prescribed by Presidential Decree. <Added on Jun. 8, 2021> |
| (6) | If a lump-sum refund paid under Article 77 corresponds to benefits to be recovered under Article 57 (1) and is not repaid, the corresponding period shall not be included in the period of coverage. <Amended on Dec. 31, 2011; Jun. 8, 2021> |
| Article 17-2 (Calculation of period of coverage for month in which pension contributions are partially paid) |
| (1) | In calculating the period of coverage, if pension contributions have been partially paid, the partially paid amount shall be credited against unpaid pension contributions and late-payment interest, etc. for other months in which contributions were partially paid, and any month that becomes fully paid after such application shall be included in the period of coverage. In such cases, matters necessary for the target months and the method for applying payments, the calculation of the period of coverage, and the payment of pension benefits, and other necessary matters shall be prescribed by Presidential Decree. |
| (2) | If, after crediting under paragraph (1), any partially paid pension contributions remain, they shall be refunded in the month of the first payment of pension benefits; provided, if an insured person or a former insured person under the National Pension so requests, the Service may, notwithstanding Article 99, receive payment of the unpaid pension contributions and late-payment interest, etc. for the month of partial payment so that the month may be included in the period of coverage. |
| (3) | If pension contributions or late-payment interest, etc. are refunded or received under paragraph (2), interest prescribed by Presidential Decree shall be added. |
[This Article Added on Jun. 7, 2011]
| Article 18 (Additional inclusion of period of military service in period of coverage) |
| (1) | If any of the following persons acquires entitlement to an old-age pension (including if they would acquire such entitlement by additional inclusion of a period under this Article), the period of military service shall be additionally included in the period of coverage; provided, this shall not apply if the period during which they performed mandatory military service under the Military Service Act is less than 6 months: <Amended on Jun. 9, 2009; Jun. 4, 2013; May 29, 2016; Apr. 2, 2025> |
| 1. | A person in active duty service under Article 5 (1) 1 of the Military Service Act; |
| 2. | A person who performed secondment as defined in Article 2 (1) 7 of the Military Service Act; |
| 3. | A person in full-time reserve service as defined in Article 2 (1) 8 of the Military Service Act; |
| 4. | A person classified as social service personnel as defined in Article 2 (1) 10 of the Military Service Act. |
| (2) | Notwithstanding paragraph (1), if all or part of the period during which a person performed mandatory military service under the Military Service Act is included in any of the following periods, paragraph (1) shall not apply: <Amended on May 29, 2016> |
| 1. | Period of service under the Public Officials Pension Act, the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act; |
| 2. | Period of service under the Military Pension Act. |
| (3) | The financial resources necessary for the additional inclusion of the period of coverage under paragraph (1) shall be borne in full by the State. |
| (4) | Matters necessary for the methods for calculating the period of military service under paragraph (1) shall be prescribed by Presidential Decree. <Added on Apr. 2, 2025> |
| Article 19 (Additional inclusion of period of coverage for childbirth) |
| (1) | If an insured person or former insured person who has a child acquires entitlement to an old-age pension (including cases where such entitlement may be acquired by additional inclusion of a period under this Article), the period prescribed in the following subparagraphs shall be additionally included in their period of coverage: <Amended on Apr. 2, 2025> |
| 1. | Where the person has not more than 2 children: 12 months for each child; |
| 2. | Where the person has 3 or more children: The number of months equal to 24 months for the first and second children, plus 18 months for each child in excess of 2. |
| (2) | If both parents are insured persons or former insured persons, the additional period under paragraph (1) shall be included in only 1 parent's period of coverage by agreement between the father and the mother; if they do not reach agreement, the additional period shall be equally divided and included in each parent's period of coverage. In such cases, matters necessary for the procedures for reaching agreement, etc. shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (3) | The financial resources necessary for the additional inclusion of the period of coverage under paragraph (1) shall be borne by the State in whole or in part. |
| (4) | Matters necessary for the recognition of the number of children under paragraph (1), and other relevant matters shall be prescribed by Presidential Decree. <Added on Apr. 2, 2025> |
| Article 19-2 (Additional inclusion of period of coverage for unemployment) |
| (1) | If a person who meets all of the following requirements receives job-seeking benefits under Article 37 (1) of the Employment Insurance Act and applies to the National Pension Service to have the period during which the allowance is received included in their period of coverage, the National Pension Service shall additionally include that period in their period of coverage; provided, the additionally included period shall not exceed 1 year: |
| 1. | They shall be 18 or older but under 60, and be an insured person or a former insured person; |
| 2. | Their property or income, as prescribed by Presidential Decree, shall be at or below the standards determined and publicly notified by the Minister of Health and Welfare. |
| (2) | For the period included under paragraph (1), they shall be deemed to have been insured on the basis of income equal to 1/2 of the amount obtained by converting to a monthly amount the daily wage that serves as the basis for calculating the job-seeking benefits under Article 45 of the Employment Insurance Act (hereafter in this Article referred to as "recognized income"); provided, the upper and lower limits of the recognized income shall be the amounts determined and publicly notified by the Minister of Health and Welfare. |
| (3) | If an insured person or a former insured person seeks, under paragraph (1), to have the period during which they receive the job-seeking benefits additionally included in their period of coverage, they shall pay pension contributions based on the recognized income. In such cases, the State may support all or part of the pension contributions from the General Account, the National Pension Fund under Article 101, and the Employment Insurance Fund under Article 78 of the Employment Insurance Act. |
| (4) | If the period additionally included under paragraph (1) (hereafter in this paragraph referred to as the "additional inclusion period") is applied to the benefits under subparagraphs 1 through 3 of Article 49, the following shall apply: |
| 1. | Old-age pension under subparagraph 1 of Article 49: The additional inclusion period shall be reflected in the basic pension amount under Article 51; |
| 2. | Disability pension under subparagraph 2 of Article 49: The additional inclusion period shall not be reflected in the basic pension amount under Article 51; |
| 3. | Survivors' pension under subparagraph 3 of Article 49: The additional inclusion period shall not be reflected in the basic pension amount under Article 51; provided, it shall be reflected in the period of coverage falling under each subparagraph of Article 74. |
| (5) | The National Pension Service may, as prescribed by Presidential Decree, entrust the affairs such as the receipt and processing of applications under paragraph (1) to an employment security office under the Employment Insurance Act and other public institutions (referring to public institutions as defined in the Act on the Management of Public Institutions). |
| (6) | Matters necessary for the method of filing applications under paragraph (1), and for the scope and details of support under paragraph (3), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 28, 2015]
| Article 20 (Aggregation of periods of coverage) |
| (1) | If a person reacquires insured status after losing it, the periods of coverage before and after shall be aggregated. |
| (2) | If a person's type of insured status changes, their period of coverage shall be the sum of the periods of coverage for each type. |
| Article 21 (Reporting of insured status and income) |
| (1) | The employer of a workplace-based insured person shall file a report with the Service on the fact that the workplace is a workplace subject to mandatory coverage, any changes to the workplace, matters relating to any temporary closure of business or permanent closure of business, matters relating to the acquisition or loss of insured status, the monthly income of insured persons, and other relevant matters, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | An individually insured person, a voluntarily insured person, or a voluntarily and continuously insured person shall report to the National Pension Service matters relating to the acquisition or loss of insured status, any change of name or address, and income, etc., as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (3) | If an individually insured person, a voluntarily insured person, or a voluntarily and continuously insured person is unable to file the report under paragraph (2) for any unavoidable reason, their spouse or another family member may file the report on their behalf. |
[Title Amended on May 29, 2016]
| Article 22 (Notice to reporters) |
| (1) | Upon receiving a report under Article 21, the National Pension Service shall verify its contents, and if it finds that the report is inconsistent with the facts, it shall notify the reporter to that effect. |
| (2) | Article 23 (4) shall apply mutatis mutandis to notice under paragraph (1). <Amended on Jan. 28, 2015> |
| Article 23 (Notice to insured persons) |
| (1) | When the National Pension Service verifies, under Article 14, the acquisition or loss of the insured status of a workplace-based insured person or determines or changes the standard monthly income, it shall notify the employer of that workplace; and when it verifies the acquisition or loss of the insured status of an individually insured person, a voluntarily insured person, or a voluntarily and continuously insured person, or determines or changes the standard monthly income, it shall notify the relevant individually insured person, voluntarily insured person, or voluntarily and continuously insured person. |
| (2) | An employer who has received the notice under paragraph (1) shall notify the relevant workplace-based insured person or the person who has lost such status, and if the employer cannot do so because the whereabouts of the person to be notified are unknown, the employer shall notify the National Pension Service to that effect. |
| (3) | If an employer gives notice to a workplace-based insured person or a person who has lost such status under paragraph (2), the employer shall prepare documentary evidence thereof and retain it for the period prescribed by Decree of the Ministry of Health and Welfare. <Added on Jan. 28, 2015> |
| (4) | If any of the following applies, the National Pension Service may give public notice in lieu of giving individual notice, as prescribed by Decree of the Ministry of Health and Welfare: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jan. 28, 2015> |
| 1. | Where the workplace has been closed down; |
| 2. | If the whereabouts of the individually insured person, the voluntarily insured person, or the voluntarily and continuously insured person to be notified under paragraph (1) are unknown; |
| 3. | Where it has received notice from the employer under paragraph (2); |
| 4. | Where, due to an unavoidable reason, it is impossible to give notice, as prescribed by Presidential Decree. |
CHAPTER III NATIONAL PENSION SERVICE
| Article 24 (Establishment of the National Pension Service) |
The National Pension Service (hereinafter referred to as the "Service") shall be established to efficiently perform operations entrusted by the Minister of Health and Welfare to achieve the purpose under Article 1. <Amended on Feb. 29, 2008; Jan. 18, 2010>
| Article 25 (Affairs of the Service) |
The Service shall conduct the following affairs: <Amended on Feb. 29, 2008; Jan. 30, 2009; May 21, 2009; Jan. 18, 2010; Dec. 31, 2011; Jun. 22, 2015; Dec. 29, 2015; May 29, 2016; Jan. 15, 2019>
| 1. | Management and maintenance of records on insured persons; |
| 2. | Imposition of pension contributions; |
| 3. | Determination and payment of benefits; |
| 4. | Welfare projects, such as providing loans and establishing and operating welfare facilities, for insured persons, former insured persons, persons entitled to benefits, and beneficiaries; |
| 5. | Fund-lending projects to insured persons and former insured persons for the increase of the Fund; |
| 6. | Old-age preparation services for persons eligible for coverage under Article 6 (hereinafter referred to as "persons eligible for coverage"), persons entitled to benefits, etc. |
| 7. | Research and studies on the National Pension, actuarial valuation, and the management of the Fund; |
| 8. | Training of specialized personnel for the operation of the National Pension Fund; |
| 9. | International cooperation in relation to the National Pension; |
| 10. | Other matters entrusted under this Act or other statutes or regulations; |
| 11. | Other matters entrusted by the Minister of Health and Welfare relating to the operations of the National Pension. |
| Article 26 (Legal personality) |
The Service shall be a corporation.
| (1) | The location of the Service's main office and of the department overseen by the fund director under Article 31 shall be Jeonbuk Special Self-Governing Province. <Amended on Jul. 30, 2013; Dec. 26, 2023> |
| (2) | The Service may establish branch offices as prescribed by its articles of incorporation, if necessary. |
| Article 27-2 (National Pension Research Institute) |
| (1) | The Service may establish a National Pension Research Institute under the Service to perform the affairs under subparagraph 7 of Article 25. |
| (2) | Matters necessary for the organization, operation, etc. of the National Pension Research Institute shall be prescribed by the articles of incorporation of the Service. |
[This Article Added on Dec. 29, 2015]
| Article 27-3 (Training of specialized personnel for management of the Fund) |
The Service may operate education and training programs, or entrust education and training to domestic or foreign educational institutions, research institutes, etc. to train specialized personnel for the operation of the National Pension Fund under subparagraph 8 of Article 25.
[This Article Added on Jan. 15, 2019]
| Article 28 (Articles of incorporation) |
| (1) | The articles of incorporation of the Service shall include the following matters: |
| 3. | Matters relating to the main office and branch offices; |
| 4. | Matters relating to executive officers and employees; |
| 5. | Matters relating to the board of directors; |
| 6. | Matters relating to its projects; |
| 7. | Matters relating to budget and settlement of accounts; |
| 8. | Matters relating to assets and accounting; |
| 9. | Matters relating to amendments to the articles of incorporation; |
| 10. | Matters relating to the enactment, amendment, and abolition of rules and regulations; |
| 11. | Matters relating to public announcement. |
| (2) | If the Service desires to amend its articles of incorporation, it shall obtain authorization therefor from the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| Article 29 (Registration of establishment) |
The Service shall be established at the time it registers such establishment at the location of its main office.
| Article 30 (Executive officers) |
| (1) | The Service shall have as its executive officers, 1 President, not more than 4 standing directors, 10 directors, and 1 auditor, and the directors shall include the following persons: <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 29, 2015; Dec. 11, 2018; Nov. 11, 2025> |
| 1. | Two persons each representing employers, employees, individually insured persons, and persons entitled to benefits; |
| 2. | One person selected from among employees of the Service who have served for at least 3 years (referring to an employee as defined in Article 2 (1) 1 of the Labor Standards Act, notwithstanding Article 3 (1) 1 thereof; hereafter in this subparagraph the same shall apply), upon the recommendation of the representative of employees (if there is a labor union organized by a majority of the employees, the representative of that labor union) or with the consent of a majority of the employees. |
| 3. | One public official who is a State public official of Grade III or a member in general service of the Senior Executive Service, responsible for national pension affairs in the Ministry of Health and Welfare, who shall serve as an ex officio director. |
| (2) | The President shall appoint and dismiss the chief executive officer on the recommendation of the Minister of Health and Welfare, and the Minister of Health and Welfare shall appoint and dismiss the standing directors, the directors (excluding the ex officio director), and the auditor on the recommendation of the chief executive officer. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (3) | No remuneration shall be paid to directors; provided, actual expenses may be reimbursed. |
| Article 31 (Fund director) |
| (1) | Among the standing directors, the director in charge of the management and operation of the National Pension Fund (hereinafter referred to as the "National Pension Fund") under Article 101 (hereinafter referred to as the "fund director") shall be appointed from among persons who have extensive knowledge of and experience in business administration, economics, and fund operation. |
| (2) | The Service shall establish a Fund Director Recommendation Committee (hereinafter referred to as the "Recommendation Committee") with the chief executive officer as chair and the directors as members, in order to recommend candidates for fund director. |
| (3) | The Recommendation Committee shall publish a recruitment notice for candidates for Fund Director in major daily newspapers, and may, in addition, conduct a search for candidates deemed suitable or request such search from a professional organization. |
| (4) | The Recommendation Committee shall examine the candidates recruited under paragraph (3) in accordance with the screening criteria for candidates for fund director prescribed by Decree of the Ministry of Health and Welfare, and shall consult with the person to be recommended as a candidate on the terms of the contract. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (5) | Based on the screening and consultations under paragraph (4), the chief executive officer shall recommend a candidate for fund director to the Minister of Health and Welfare and shall submit a draft contract together with the recommendation. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (6) | If the Minister of Health and Welfare approves the recommendation and the draft contract submitted under paragraph (5), the chief executive officer shall enter into a contract with the candidate for fund director. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (7) | The submission of the recommendation and the draft contract under paragraph (5), and the approval thereof under paragraph (6) shall be deemed the recommendation for appointment and the appointment of a standing director under Article 30 (2). |
| (8) | Matters necessary for the qualifications of the fund director, the consultation on the draft contract, the recommendation, and the conclusion of the contract, etc. shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| Article 32 (Term of office of executive officers) |
The term of office of executive officers shall be 3 years; provided, the term of office of the ex officio director shall be the period of their tenure, and the term of office of the fund director shall be the term of the contract.
| Article 33 (Duties of executive officers) |
| (1) | The chief executive officer shall represent the Service, and exercise general supervision over its affairs. |
| (2) | The standing directors shall allocate the Service's affairs in accordance with the articles of incorporation, and if the chief executive officer is unable to perform their duties, the standing directors shall act on behalf of the chief executive officer in the order prescribed by the articles of incorporation. |
| (3) | The auditor shall audit the Service's accounts, the execution of affairs, and its assets. |
| Article 34 (Appointment of representative) |
The chief executive officer may appoint a representative from among the employees who has the authority to perform all acts in and out of court with respect to the Service's affairs, as prescribed by its articles of incorporation.
| Article 35 (Grounds for disqualification of executive officers) |
No person who falls under any of the following shall be an executive officer of the Service: <Amended on Jan. 28, 2015>
| 1. | A person under adult guardianship or under limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person for whom 3 years have not elapsed since their imprisonment without labor or heavier punishment declared by a court was completely executed or the non-execution of such sentence became final; |
| 4. | A person whose qualification is lost or suspended under any statute or by a court judgment. |
| Article 36 (Retirement by operation of law and dismissal of executive officers) |
| (1) | If an executive officer falls under any subparagraph of Article 35, they shall retire by operation of law. |
| (2) | The person with the authority to appoint or dismiss executive officers may dismiss an executive officer if they fall under any of the following subparagraphs: |
| 1. | Where they are deemed unable to perform their duties due to a physical or mental disability; |
| 2. | Where they breach their official duties; |
| 3. | Where they cause a loss to the Service by intention or gross negligence; |
| 4. | Where the fund director falls under any cause for dismissal specified in the contract concluded under Article 31 (6) between them and the chief executive officer. |
| Article 37 (Restriction on holding concurrent offices by executive officers and employees) |
The chief executive officer, standing directors, auditor, and employees of the Service shall not engage in any profit-making business; the chief executive officer, standing directors, and auditor shall not hold any other office concurrently without the permission of the Minister of Health and Welfare; and employees shall not do so without the permission of the chief executive officer. <Amended on Feb. 29, 2008; Jan. 18, 2010>
| Article 38 (Board of directors) |
| (1) | The Service shall have a board of directors to deliberate on and resolve important matters. |
| (2) | The board of directors shall be comprised of the chief executive officer, the standing directors, and the directors. |
| (3) | The chief executive officer shall convene and preside over meetings of the board of directors. |
| (4) | A quorum for a meeting of the board of directors shall be a majority of the incumbent members, and resolutions shall be adopted by a majority of the members present. |
| (5) | The auditor may attend a meeting of the board of directors and state their opinion. |
| (6) | Matters necessary for the operation of the board of directors shall be prescribed by Presidential Decree. |
| Article 39 (Appointment and dismissal of employees) |
The chief executive officer shall appoint and dismiss the employees of the Service, as prescribed by the articles of incorporation.
| Article 40 (Status of executive officers and employees) |
The executive officers and employees of the Service shall be deemed to be public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
| Article 41 (Supervision over the Service) |
| (1) | For each fiscal year, the Service shall obtain the approval of the Minister of Health and Welfare for its plan for operations and budget, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | Within 2 months after the end of each fiscal year, the Service shall report to the Minister of Health and Welfare the results of operations and the settlement of accounts. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (3) | The Minister of Health and Welfare may order the Service to report on its operations, inspect its operations or property, and take measures necessary for supervision, including ordering an amendment to the articles of incorporation, if they deem it necessary. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| Article 42 (Accounting of the Service) |
| (1) | The fiscal year of the Service shall coincide with that of the Government. |
| (2) | The Service shall establish accounting regulations with the approval of the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| Article 43 (Revenues and Expenditures of the Service) |
The revenues of the Service shall consist of transfers from the National Pension Fund, government subsidies, borrowings, and other revenues, and its expenditures shall consist of benefits under this Act, reserves, refunds, repayments of borrowings and interest, and other expenses for the operations and projects of the Service.
| Article 44 (Temporary borrowing and appropriation by transfer) |
| (1) | If the Service lacks funds to make expenditures in a fiscal year, it may temporarily borrow from the National Pension Fund, as prescribed by Presidential Decree. <Amended on Jan. 28, 2015> |
| (2) | Temporary borrowings shall be repaid within the relevant fiscal year. |
| (3) | If, in a fiscal year, expenditures related to benefits exceed revenues, the Service may appropriate by transfer from the National Pension Fund, as prescribed by Presidential Decree, after deliberation by the National Pension Fund Management Committee under Article 103. <Amended on Jan. 28, 2015> |
| Article 45 (Disposition of surplus) |
At the end of each fiscal year, the Service shall close its accounts, and if a surplus remains, it shall cover losses and deposit the remainder in the National Pension Fund.
| Article 46 (Welfare and lending programs) |
| (1) | As prescribed by Presidential Decree, the Service may implement the following welfare programs to promote the welfare of insured persons, former insured persons, and persons entitled to benefits: |
| 2. | Installation, supply, lease, and operation of welfare facilities for senior citizens under the Welfare of Senior Citizens Act; |
| 3. | Installation and operation of sports facilities under the Installation and Utilization of Sports Facilities Act as ancillary facilities to the welfare facilities for senior citizens under subparagraph 2; |
| 4. | Other welfare programs prescribed by Presidential Decree. |
| (2) | To implement the welfare programs under paragraph (1) 2 and 3, the Service may make an investment in a corporation prescribed by Decree of the Ministry of Health and Welfare, using funds from the National Pension Fund. <Amended on Jan. 18, 2010> |
| (3) | The Service may conduct lending programs for insured persons and former insured persons to increase the National Pension Fund, as prescribed by Presidential Decree. |
| (4) | Executive officers and employees of the Service who are in charge of the lending operations under paragraphs (1) and (3) shall compensate the Service for any loss they cause intentionally or by gross negligence in the performance of their duties. |
| (5) | To the extent that it does not interfere with the welfare programs under paragraph (1), the Service may allow persons other than insured persons, former insured persons, or persons entitled to benefits to use part of the facilities that it operates under paragraph (1) 2 through 4, as prescribed by Presidential Decree. <Added on Jan. 28, 2015> |
| (6) | Matters regarding the methods of making investments under paragraph (2) shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Jan. 18, 2010; Jan. 28, 2015> |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 46-2 (Special cases concerning programs for installation of welfare facilities) |
If, for the installation of the welfare facilities under Article 46 (1) 2 and 3, the Service acquires land developed by the State, a local government, the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act, or other public institutions prescribed by Presidential Decree, the Service shall be deemed the State or a local government. <Amended on Dec. 18, 2012>
[This Article Added on Jan. 30, 2009]
| Article 46-3 (Preparation for old age service) |
The Service may implement the following programs related to the preparation for old age service as defined in subparagraph 2 of Article 2 of the Act on Supporting Preparation for Old Age (hereinafter referred to as "preparation for old age service") to ensure a stable later life for the public, including persons eligible for coverage and persons entitled to benefits:
| 1. | Provision of preparation for old age service; |
| 2. | Research and studies on preparation for old age service; |
| 3. | Development and dissemination of programs necessary for preparation for old age service; |
| 4. | Training and management of providers of preparation for old age service; |
| 5. | Establishment and operation of an information system for preparation for old age service; |
| 6. | Other matters entrusted by the Minister of Health and Welfare relating to the provision of preparation for old age service. |
[This Article Wholly Amended on Jun. 22, 2015]
| Article 47 (Entrustment of affairs) |
| (1) | The Service may entrust the receipt of repayments on loans, the disbursement of benefits and loans, and other affairs, in whole or in part, to corporations that perform social insurance affairs under other statutes or regulations, post offices, financial institutions, or other persons, as prescribed by the articles of incorporation. <Amended on May 21, 2009> |
| (2) | The scope of affairs that the Service may entrust under paragraph (1) and the scope of persons eligible to be entrusted with such affairs shall be prescribed by Presidential Decree. |
| Article 48 (Application mutatis mutandis of the Civil Act) |
Except as provided in this Act regarding the Service, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis.
CHAPTER IV PENSION BENEFITS
SECTION 1 General Provisions
| Article 49 (Types of benefits) |
The types of benefits prescribed in this Act shall be as follows:
| Article 50 (Payment of benefits) |
| (1) | Benefits shall be paid by the Service upon a claim filed by the person entitled to benefits. <Amended on May 29, 2016> |
| (2) | Depending on the ground for payment, the amount of a pension shall be calculated on the basis of the basic pension amount and the additional pension amount for dependents. |
| Article 51 (Basic pension amount) |
| (1) | The basic pension amount for a person entitled to benefits shall be the amount obtained by multiplying the sum of the following amounts by 1,290/1,000; provided, if the period of coverage exceeds 20 years, an amount equal to 50/1,000 of the amount calculated under the main clause shall be added for each year in excess (if the period in excess is less than 1 year, each month shall be counted as 1/12 of a year): <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 8, 2021; Apr. 2, 2025; Oct. 1, 2025> |
| 1. | The amount obtained by dividing by 3 the sum of the amounts calculated under each of the following items: |
| a. | The amount obtained by adjusting the average monthly income for the year 3 years before the first year of receipt of pension benefits by the nationwide consumer price inflation rate for the year immediately preceding that first year, measured against the year 3 years before that first year (referring to the nationwide consumer price inflation rate publicly notified each year by the Minister of Data and Statistics under Article 3 of the Statistics Act; hereafter in this Article the same shall apply); |
| b. | The amount obtained by adjusting the average monthly income for the year 2 years before the first year of receipt of pension benefits by the nationwide consumer price inflation rate for the year immediately preceding that first year, measured against the year 2 years before that first year; |
| c. | The average monthly income for the year immediately preceding the first year of receipt of pension benefits; |
| 2. | The amount obtained by converting, for each year within the insured person's period of coverage, their standard monthly income to its present value as of the year immediately preceding the first year of receipt of pension benefits, using the annual revaluation rate publicly notified by the Minister of Health and Welfare, as prescribed by Presidential Decree; summing the converted amounts; and dividing the sum by the total period of coverage; provided, any amount required to be calculated under each of the following items shall be the amount so calculated. |
| a. | The standard monthly income for the periods of coverage included under the proviso of Article 17 (2) and paragraph (3) 1 of that Article shall be equal to 1/2 of the amount calculated under the main clause, with the exception of the items, of this subparagraph; |
| b. | The standard monthly income for the periods of coverage additionally included under Article 18 shall be equal to 1/2 of the amount calculated under subparagraph 1; |
| c. | The standard monthly income for the periods of coverage additionally included under Article 19 shall be the amount calculated under subparagraph 1. |
| (2) | In applying the amounts under each subparagraph of paragraph (1) to a person entitled to benefits, an amount corresponding to the rate of change, which is based on the nationwide consumer price inflation rate for the year immediately preceding the first year of receipt of pension benefits, measured against the year 2 years before, shall be added or subtracted, after prior deliberation by the National Pension Review Committee under Article 5. <Amended on Jan. 15, 2019> |
| (3) | When applying the amount adjusted under paragraph (2) to a person entitled to benefits, the applicable period shall be from January through December of the relevant adjustment year.<Amended on Jan. 15, 2019> |
| Article 52 (Additional pension amount for dependents) |
| (1) | For each person falling under any of the following, based on the person entitled to benefits (in the case of a survivors' pension, referring to the deceased insured person or former insured person) and whose livelihood is maintained by the person entitled to benefits, the additional pension amount for dependents shall be the amount specified in the relevant subparagraph; in such cases, the eligibility criteria for livelihood maintenance, by category, shall be prescribed by Presidential Decree. <Amended on Jun. 7, 2011; Jan. 28, 2015; Jun. 13, 2023> |
| 1. | A spouse: 150,000 won per year; |
| 2. | A child under 19, or a child with a disability under Article 52-2 (including a child the spouse had before marriage; hereafter in this Article the same shall apply): 100,000 won per year; |
| 3. | A parent aged 60 or older, or a parent with a disability under Article 52-2 (including the spouse of the father or mother, and the spouse's parents; hereafter in this Article the same shall apply): 100,000 won per year. |
| (2) | Article 51 (2) and (3) shall apply mutatis mutandis to the application of the additional pension amount for dependents under paragraph (1) to a person entitled to benefits. |
| (3) | If a person falling under any subparagraph of paragraph (1) falls under any of the following, they shall be excluded from the calculation of the additional pension amount for dependents under paragraph (1): <Amended on Jun. 7, 2011; Mar. 20, 2018; Dec. 10, 2019> |
| 1. | A person entitled to a pension (including a person entitled to aggregate benefits under the Act on Aggregation of the National Pension and Occupational Pensions); |
| 2. | A person entitled to a retirement pension, etc.; |
| 3. | A person entitled to a retirement pension for survivors, veterans' pension for survivors, disability pension for survivors, wounds pension for survivors, survivors' pension for line-of-duty death, survivors' pension for a person who died while doing their job, survivors' pension for a public official who died in the line of dangerous duty, or survivors' pension for public officials who died while performing official duties, survivors' pension for public officials who died in the line of duty while under danger, or survivors' pension under the Public Officials Pension Act, the Public Officials' Accident Compensation Act, the Pension for Private School Teachers and Staff Act, the Special Post Offices Act, the Military Pension Act, or the Military Accident Compensation Act. |
| (4) | A person falling under any subparagraph of paragraph (1) shall not be counted in calculating the additional pension amount for dependents for at least 2 persons entitled to a pension. |
| (5) | If a person falling under any subparagraph of paragraph (1) falls under any of the following, they shall be excluded from the calculation of the additional pension amount for dependents: <Amended on Jun. 7, 2011; Jan. 28, 2015; Jun. 13, 2023> |
| 2. | When their livelihood is no longer maintained by the person entitled to benefits; |
| 3. | When they are divorced from their spouse; |
| 4. | When their child is adopted by another person or the adoptive relationship is terminated; |
| 5. | When their child reaches 19 years of age; provided, a child with a disability under Article 52-2 shall be excluded; |
| 6. | When their child or parent ceases to be a person with a disability under Article 52-2; |
| 7. | When, due to divorce, the relationship with a child whom the spouse had before marriage is terminated; |
| 8. | When, due to the divorce between the parent and their spouse, the relationship between the spouse of a remarried father or mother and the person entitled to benefits is terminated. |
| Article 52-2 (Criteria for recognizing disability for additional pension amount for dependents and survivors' pension) |
The disability under Articles 52, 73, 75, and 76 means any of the following conditions:
| 1. | A condition falling under disability Grade 1 or 2 under Article 67 (4); |
| 2. | A condition in which a person with disabilities defined in Article 2 of the Act on Welfare of Persons with Disabilities has a severe degree of disability falling under the degree of disability prescribed by Presidential Decree. |
[This Article Added on Jun. 13, 2023]
| Article 53 (Maximum pension amount) |
The monthly amount of a pension shall not exceed the greater of the following amounts:
| 1. | An amount obtained by adjusting mutatis mutandis under Article 51 (2) the average of the standard monthly incomes (adjusted mutatis mutandis under Article 51 (1) 2 based on the year immediately preceding the first year of receipt of pension benefits) for the last 5 years during which the person was an insured person; |
| 2. | An amount obtained by adjusting mutatis mutandis under Article 51 (2) the average of the standard monthly incomes (adjusted mutatis mutandis under Article 51 (1) 2 based on the year immediately preceding the first year of receipt of pension benefits) for the period of coverage. |
| Article 54 (Period and timing of pension payments) |
| (1) | A pension shall be paid from the month immediately following the month in which the ground for payment arises (in cases where the ground arises because the amount to be returned under Article 78 (1), deferred pension contributions under Article 92 (1), or pension contributions in arrears are paid, the relevant date shall be the date of payment of the amount) through the month in which the entitlement to benefits is terminated. <Amended on Dec. 31, 2011> |
| (2) | A pension shall be paid on the 25th day of each month; if the payment date falls on a Saturday or a public holiday, payment shall be made on the preceding day; provided, where entitlement to a pension is terminated or payment of the pension is suspended, payment may be made before the deadline. <Amended on Dec. 31, 2011> |
| (3) | Where grounds for suspension of payment of a pension arise, no pension shall be paid from the month immediately following the month in which such grounds arise through the month in which such grounds cease to exist. |
| Article 54-2 (Exclusive account for the receipt of benefits) |
| (1) | A beneficiary may apply to the Service to have benefits, not exceeding the amount prescribed by Presidential Decree under Article 58 (2), deposited into a designated account in their name (hereinafter referred to as the "exclusive account for the receipt of benefits"), and in such cases, the Service shall deposit the benefits into the exclusive account for the receipt of benefits. |
| (2) | Notwithstanding paragraph (1), if the Service is unable to transfer benefits to the exclusive account for the receipt of benefits due to a failure in information and communications or other unavoidable reasons prescribed by Presidential Decree, it may pay the benefits in a manner prescribed by Presidential Decree, such as in cash. |
| (3) | A financial institution with which an exclusive account for the receipt of benefits is held shall ensure that only benefits are deposited into the exclusive account for the receipt of benefits and shall manage the account. |
| (4) | Matters necessary for the methods and procedures for the application under paragraph (1) and for the management of the exclusive account for the receipt of benefits under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 28, 2015]
| Article 55 (Unpaid benefits) |
| (1) | If a person entitled to benefits dies, any unpaid benefits payable to them shall be paid, upon request, to their spouse, children, parents, grandchildren, grandparents, or siblings; provided, unpaid benefits shall not be paid to a person who falls under cases prescribed by Presidential Decree, including running away from home or disappearance, and, in the case of siblings, shall be paid only to those whose livelihood was supported by the person entitled to benefits, as prescribed by Presidential Decree, at the time of the person entitled to benefits' death (if they are declared missing under Article 27 (1) of the Civil Act, the time at which the period of disappearance begins; if they are declared missing under that Article (2), the time at which the peril that caused their death occurred). <Amended on Dec. 31, 2011; May 29, 2016> |
| (2) | The order of priority among persons to receive the benefits under paragraph (1) shall be spouse, children, parents, grandchildren, grandparents, and siblings, in that order. In such cases, if 2 or more persons have the same priority, the benefits shall be divided in equal shares and paid to them, and the method of payment shall be prescribed by Presidential Decree. |
| (3) | A claim for unpaid benefits under paragraph (1) shall be filed within 5 years from the date of the death of the person entitled to benefits. <Added on Dec. 31, 2011> |
| Article 56 (Adjustment of overlapping benefits) |
| (1) | If a person entitled to benefits becomes entitled to 2 or more benefits under this Act, only 1 benefit shall be paid at their choice, and payment of the other benefits shall be suspended. |
| (2) | Notwithstanding paragraph (1), if the non-selected benefits under paragraph (1) fall under any of the following subparagraphs, the amount specified in the relevant subparagraph shall be added to the selected benefits in payment: <Amended on May 29, 2016> |
| 1. | Where the non-selected benefits are a survivors' pension (excluding if the selected benefits are a lump-sum refund): An amount equivalent to 30/100 of the survivors' pension amount; |
| 2. | Where the non-selected benefits are a lump-sum refund (excluding where the selected benefits are a disability pension and the non-selected benefits are a lump-sum refund resulting from the payment of pension contributions by the person in question): An amount equivalent to the amount under Article 80 (2). |
| Article 57 (Recovery of Benefits) |
| (1) | If a person who has received benefits falls under any of the following subparagraphs, the Service shall recover the amount (hereinafter referred to as "amount to be recovered") as prescribed by Presidential Decree; provided, if the amount to be recovered is less than the amount prescribed by Presidential Decree, the Service shall not recover it: <Amended on Dec. 16, 2025> |
| 1. | Where a person has received benefits by fraud or other improper means; |
| 2. | Where a person obligated to file a report under Article 121 fails to file with the Service a report required under that Article, or files it late, and thereby receives benefits erroneously; |
| 3. | Where, after benefits such as a survivors' pension have been paid because an insured person or a former insured person was presumed dead under Article 15, it is confirmed that the person is alive; |
| 4. | If a survivor’s pension, unpaid benefits, a lump-sum refund, and a lump-sum death payment under Article 82 (3) have been paid to a survivor who has lost the right of inheritance under subparagraph 4 of that paragraph; |
| 5. | Where benefits have been paid erroneously for any other reason. |
| (2) | In cases falling under paragraph (1) 1, 2, or 4, the Service shall recover the amount to be recovered with interest added, as prescribed by Presidential Decree; provided, if there is no fault on the part of the person liable to pay, interest shall not be added. <Amended on Dec. 16, 2025> |
| (3) | If the person liable to pay the amount to be recovered fails to pay it by the payment deadline, the Service shall collect a late-payment interest, applying mutatis mutandis Article 97 (1) and (2), and in such cases, "Health Insurance Service" shall be construed as "the Service," and "pension contributions" as "amount to be recovered"; provided, the Service need not collect a late-payment interest if there is a natural disaster or any other unavoidable reason prescribed by Presidential Decree. |
| (4) | If the person liable to pay the amount to be recovered and the late-payment interest under paragraph (3) (hereinafter referred to as "amount to be recovered, etc.") is entitled to other benefits or has any refundable amount such as an overpayment, the Service may credit such benefits or amount against the amount to be recovered, etc. |
[This Article Wholly Amended on May 29, 2016]
| Article 57-2 (Notice, demand for payment, and disposition for arrears regarding the amount to be recovered, etc.) |
| (1) | If the Service intends to collect the amount to be recovered, etc. under Article 57, it shall, within a specified period, give a written notice of payment stating the amount to be recovered, etc., the payment deadline, etc. In such cases, the notice of payment may be given in electronic form, as prescribed by Decree of the Ministry of Health and Welfare, and Article 88-2 (3) shall apply mutatis mutandis to its arrival. <Amended on Dec. 31, 2011; Jan. 28, 2015; May 29, 2016> |
| (2) | If a person who has received the notice under paragraph (1) fails to pay the amount to be recovered, etc. by the deadline, the Service shall make a demand for payment by specifying a deadline, as prescribed by Presidential Decree. <Amended on May 29, 2016> |
| (3) | If a person who has received the demand under paragraph (2) fails to pay the amount to be recovered, etc. by the deadline, the Service may collect it, with the approval of the Minister of Health and Welfare, in the same manner as delinquent national taxes are collected. In such cases, Article 95 (6) and (7) shall apply mutatis mutandis to disposition for arrears, and "National Health Insurance Service" shall be construed as "the Service". <Amended on Jun. 7, 2011; Dec. 31, 2011; May 29, 2016; Dec. 11, 2018> |
[This Article Added on May 21, 2009]
[Title Amended on May 29, 2016]
| Article 58 (Protection of entitlement to benefits) |
| (1) | An entitlement to benefits shall not be assigned, attached, or offered as security. <Amended on May 29, 2016> |
| (2) | If a benefit paid to a person entitled to benefits does not exceed the amount prescribed by Presidential Decree, it shall not be attached. |
| (3) | Benefits deposited into the exclusive account for the receipt of benefits and claims to such benefits shall not be attached. <Added on Jan. 28, 2015> |
| Article 59 (Payment after deduction of unpaid amounts) |
| (1) | If an insured person under the National Pension or a former insured person has any debt for repayment of funds loaned under Article 46 when they acquire entitlement to benefits or die, the Service may deduct that debt from benefits under this Act (including a lump-sum death payment; excluding benefits whose payment has been suspended); provided, with respect to a person entitled to pension benefits under this Act (excluding a disability pension paid as a lump-sum compensation under Article 68 (2)), the amount deducted shall not exceed 1/2 of the relevant monthly pension amount. |
| (2) | To deduct the debt under paragraph (1), the Service shall demand in writing repayment of the debt, specifying a period of at least 20 days, and shall give prior notice to the person entitled to benefits that, if the debt is not repaid by the deadline, the debt will be deducted from the relevant benefits. |
| (3) | An amount deducted under paragraph (1) shall be deemed to have been paid to the person entitled to benefits in the same amount. |
| Article 60 (Exemption from taxes and other public charges) |
With respect to amounts paid as benefits under this Act, taxes and other public charges of the State or local governments shall be reduced or exempted, as prescribed by the Act on Restriction on Special Cases concerning Taxation, other statutes, or ordinances of local governments.
SECTION 2 Old-Age Pension
| Article 61 (Persons entitled to old-age pension) |
| (1) | A person insured under the National Pension or a former insured person whose period of coverage is at least 10 years shall be paid an old-age pension from the time they reach age 60 (age 55 for a special-occupation employee) for as long as they live. <Amended on Dec. 31, 2011> |
| (2) | Notwithstanding paragraph (1), if a person insured under the National Pension or a former insured person whose period of coverage is at least 10 years is age 55 or over and is not engaged in income-earning work prescribed by Presidential Decree, they may, upon request, receive a specified amount of pension (hereinafter referred to as "early old-age pension") for as long as they live from the time they claim it, even before they reach age 60. <Amended on Dec. 31, 2011> |
| Article 62 (Addition for deferment of pension payment) |
| (1) | If a person entitled to an old-age pension under Article 61 who is age 60 or over but under 65 (age 55 or over but under 60 for a special-occupation employee) wishes to defer payment of the pension, they may defer payment of all or part of the pension for any period before they reach age 65 (age 60 for a special-occupation employee). <Amended on Dec. 31, 2011; Jan. 28, 2015; Dec. 21, 2021> |
| (2) | If a person entitled to an old-age pension under paragraph (1) who applied for deferment of payment of the entire pension wishes payment, or reaches age 65 (age 60 for a special-occupation employee), the pension amount shall be the old-age pension amount under Articles 63 and 66 (3) (excluding the additional pension amount for dependents; hereafter in this Article the same shall apply) payable at the time of the application for deferment, as adjusted under Article 51 (2), plus an amount equivalent to 6/1,000 of that amount for each month deferred. In such cases, the amount equivalent to 6/1,000 shall also be adjusted under Article 51 (2). <Amended on Dec. 31, 2011; Jan. 28, 2015; Mar. 21, 2017> |
| (3) | A person entitled to an old-age pension who intends to apply under paragraph (1) for deferment of payment of part of the pension may apply to defer payment of any of the following amounts from the old-age pension amount: <Added on Jan. 28, 2015> |
| 1. | 500/1,000 of the amount of old-age pension; |
| 2. | 600/1,000 of the amount of old-age pension; |
| 3. | 700/1,000 of the amount of old-age pension; |
| 4. | 800/1,000 of the amount of old-age pension; |
| 5. | 900/1,000 of the amount of old-age pension; |
| (4) | If a person entitled to an old-age pension who applied under paragraph (3) for deferment of payment of part of the pension wishes payment of the entire pension, or reaches age 65, the old-age pension amount shall be the sum of the following amounts: <Added on Jan. 28, 2015> |
| 1. | The portion of the old-age pension for which deferment was not applied, as adjusted under Article 51 (2); |
| 2. | The portion of the old-age pension for which deferment was applied, as adjusted under Article 51 (2), plus 6/1,000 of that amount for each month deferred; in such cases, the amount equivalent to 6/1,000 shall also be adjusted under Article 51 (2). |
| Article 63 (Amount of old-age pension) |
| (1) | The amount of an old-age pension under Article 61 (1) shall be the sum of the applicable amount under the following subparagraphs and the additional pension amount for dependents: <Amended on Dec. 31, 2011> |
| 1. | Where the period of coverage is at least 20 years: The basic pension amount; |
| 2. | Where the period of coverage is at least 10 but less than 20 years: An amount obtained by adding, for each year in excess of 10 years of the period of coverage (if the period in excess is less than 1 year, each month shall be counted as 1/12 of a year), 50/1,000 of the basic pension amount to 500/1,000 of the basic pension amount. |
| (2) | The amount of an early old-age pension shall, depending on the period of coverage, be calculated by applying to the amount of the old-age pension under paragraph (1), excluding the additional pension amount for dependents, the rate classified by the age at commencement of receipt under the following subparagraphs (if the date of claim falls after the month following the month in which the person reaches the relevant age, 5/1,000 shall be added for each month thereafter), and then adding the additional pension amount for dependents. <Amended on Dec. 31, 2011> |
| 1. | 700/1,000 for commencement of receipt at age 55; |
| 2. | 760/1,000 for commencement of receipt at age 56; |
| 3. | 820/1,000 for commencement of receipt at age 57; |
| 4. | 880/1,000 for commencement of receipt at age 58; |
| 5. | 940/1,000 for commencement of receipt at age 59. |
| (3) | Deleted. <Dec. 31, 2011> |
| Article 63-2 (Amount of old-age pension depending on income-earning activities) |
A person entitled to an old-age pension under Article 61 who engages in income-earning work prescribed by Presidential Decree shall, during the period they are age 60 or over but under 65 (age 55 or over but under 60 for a special-occupation employee), be paid the amount of the old-age pension under Articles 62 (2) and (4), 63, and 66 (3) (excluding the additional pension amount for dependents; hereafter in this Article the same shall apply), minus the amount classified under the following subparagraphs; in such cases, the amount to be deducted shall not exceed 1/2 of the old-age pension amount: <Amended on Jan. 28, 2015; Mar. 21, 2017; Dec. 16, 2025>
| 1. | Deleted; <Dec. 16, 2025> |
| 2. | Deleted; <Dec. 16, 2025> |
| 3. | A person whose monthly excess income (referring to the amount obtained by subtracting the amount calculated under Article 51 (1) 1 from the monthly income of a person entitled to an old-age pension; hereafter in this Article the same shall apply) is at least 2 million won but less than 3 million won: 150,000 won + (monthly excess income - 2 million won) X 150/1,000; |
| 4. | A person whose monthly excess income is at least 3 million won but less than 4 million won: 300,000 won + (monthly excess income - 3 million won) × 200/1,000; |
| 5. | A person whose monthly excess income is at least 4 million won: 500,000 won + (monthly excess income - 4 million won) × 250/1,000. |
[This Article Added on Dec. 31, 2011]
| Article 64 (Persons entitled to divided pension) |
| (1) | If a person whose marriage period is at least 5 years (referring to the period of marriage that falls within the spouse's period of coverage, excluding any period during which no de facto marital relationship existed due to reasons such as separation or running away from home; hereinafter the same shall apply) meets all of the following requirements, they may receive, from that time and for as long as they live, a specified amount of pension divided from the old-age pension of the person who was their spouse (hereinafter referred to as "divided pension"): <Amended on Dec. 31, 2011; Dec. 19, 2017> |
| 1. | They have divorced their spouse; |
| 2. | Their former spouse is a person entitled to an old-age pension; |
| (2) | The amount of the divided pension under paragraph (1) shall be the amount obtained by equally dividing the portion of the former spouse's old-age pension amount corresponding to the marriage period (excluding the additional pension amount for dependents). |
| (3) | A claim for payment of the divided pension under paragraph (1) shall be filed within 5 years from the time all of the requirements under paragraph (1) are satisfied. <Amended on Dec. 31, 2011; May 29, 2016> |
| (4) | Matters necessary for the standards and methods for recognizing the marriage period under paragraph (1) shall be prescribed by Presidential Decree. <Added on Dec. 19, 2017> |
[Paragraph (1) of this Article was amended by Act No. 15267 on December 19, 2017, under the Constitutional Court's decision of nonconformity to the Constitution rendered on December 29, 2016]
| Article 64-2 (Special cases concerning payment of divided pension) |
| (1) | Notwithstanding Article 64 (2), if the division of a pension is otherwise determined under Article 839-2 or 843 of the Civil Act, that determination shall apply. |
| (2) | If the division of a pension is otherwise determined under paragraph (1), a report on the rate of division, etc. shall be filed with the Service. |
| (3) | Details necessary for reporting under paragraph (2), including reporting methods and procedures, shall be prescribed by Decree of the Ministry of Health and Welfare. |
[This Article Added on Dec. 29, 2015]
| Article 64-3 (Special cases concerning claims for divided pension) |
| (1) | Notwithstanding Article 64 (3), if a person divorces before reaching the age under Article 64 (1) 3, they may file a claim for a divided pension in advance from the time the divorce takes effect (hereinafter referred to as "prior claim for divided pension"). In such cases, it shall be deemed that they have filed the claim under Article 64 (3) (limited to where a prior claim is filed and is not canceled under paragraph (2)). |
| (2) | A prior claim for divided pension under paragraph (1) shall be filed within 3 years from the time the divorce takes effect, and it may be withdrawn before the person reaches the age under Article 64 (1) 3. In such cases, a prior claim for divided pension and its withdrawal may be made only once each. |
| (3) | Even if a prior claim for divided pension is filed under paragraph (1), the divided pension shall be paid when all the requirements under each subparagraph of Article 64 (1) are satisfied. |
| (4) | Details necessary for implementing the methods and procedures for filing a prior claim for divided pension and withdrawing such prior claim under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Health and Welfare. |
[This Article Added on Dec. 29, 2015]
| Article 64-4 (Waiver of entitlement to divided pension) |
| (1) | If a person entitled to a divided pension under Article 64 (1) remarries the person who was their spouse under that paragraph, they may apply to waive their entitlement to a divided pension, as prescribed by Decree of the Ministry of Health and Welfare. |
| (2) | If a person entitled to a divided pension applies under paragraph (1) to waive that entitlement, the entitlement shall be terminated as of the date of application. |
| (3) | If the entitlement is terminated under paragraph (2), the spouse of the person who waived the entitlement shall be paid the old-age pension as it would have been before the occurrence of the divided pension. |
[This Article Added on May 29, 2016]
| Article 65 (Relationship between divided pension and old-age pension) |
| (1) | An entitlement to a divided pension under Article 64 (1) shall not be affected even if, after it is acquired, the former spouse's entitlement to an old-age pension is terminated or suspended for a reason attributable to the former spouse. |
| (2) | Notwithstanding Article 56, if a person becomes entitled to 2 or more divided pensions, the amounts of those divided pensions shall be added together and paid; provided, if the person becomes entitled to 2 or more entitlements to a divided pension and to other benefits (excluding an old-age pension; hereafter in this paragraph the same shall apply), the 2 or more entitlements to a divided pension shall be deemed a single entitlement to a divided pension, and only 1 of the divided pension or the other benefits shall be paid at their choice, and payment of the unselected divided pension or other benefits shall be suspended. |
| (3) | A person entitled to a divided pension shall not be deemed to be a person entitled to an old-age pension when a survivors' pension is paid under Article 72 (1). |
| (4) | If a person entitled to a divided pension becomes entitled to an old-age pension, the amounts of the divided pension and the old-age pension shall be added together and paid, notwithstanding Article 56. |
| Article 66 (Suspension of payment of early old-age pension) |
| (1) | If a person under age 60 who is receiving an early old-age pension under Articles 61 (2) and 63 (2) falls under any of the following subparagraphs, payment of the early old-age pension shall be suspended for the relevant period. <Amended on Dec. 31, 2011; Mar. 21, 2017> |
| 1. | Where they engage in income-earning work under Article 61 (2); |
| 2. | Where, although they do not fall under subparagraph 1, the person receiving an early old-age pension applies for suspension of its payment. |
| (2) | If a person whose payment of an early old-age pension has been suspended under paragraph (1) falls under any of the following subparagraphs, the Service shall resume payment of the early old-age pension. <Added on Mar. 21, 2017> |
| 1. | Where they reach age 60; |
| 2. | Where a person falling under paragraph (1) 1 ceases to engage in income-earning work under Article 61 (2) before reaching age 60; |
| 3. | Where a person falling under paragraph (1) 2 applies for resumption of payment of the early old-age pension while not engaging in income-earning work under Article 61 (2) before reaching age 60. |
| (3) | If a person whose payment of an early old-age pension has been suspended under paragraph (1) resumes receiving it under paragraph (2), the amount shall be as follows: <Amended on Dec. 31, 2011; Jan. 28, 2015; Mar. 21, 2017> |
| 1. | The amount obtained by adding the additional pension amount for dependents to the amount obtained by multiplying the old-age pension amount under Article 63 (1) (excluding the additional pension amount for dependents) calculated by aggregating the periods of coverage before and after the suspension by the rate by age under Article 63 (2) applicable at the time of resumption minus 5/1,000 for each month already received; |
| 2. | The early old-age pension amount before the suspension under paragraph (1), if the early old-age pension amount calculated under subparagraph 1 (excluding the additional pension amount for dependents; hereafter in this subparagraph the same shall apply) is smaller than the early old-age pension amount before the suspension. |
| (4) | Details necessary for applications to suspend the payment of an early old-age pension under paragraph (1) and to resume payment under paragraph (2) shall be prescribed by Decree of the Ministry of Health and Welfare. <Added on Mar. 21, 2017> |
SECTION 3 Disability Pensions
| Article 67 (Persons entitled to disability pension) |
| (1) | If a person insured under the National Pension or a former insured person has a physical or mental disability due to disease or injury and meets all of the following requirements, a disability pension shall be paid according to the degree of disability for the period during which the disability continues, from the reference date for determining the degree of disability (hereinafter referred to as "the reference date for determining disability"): <Amended on May 29, 2016> |
| 1. | At the date of the first medical examination of the relevant disease or injury, they are age 18 or over (if they became an insured person before age 18, the relevant date is the date they became an insured person) and younger than the payment age for an old-age pension; |
| 2. | They shall fall under any of the following items: |
| a. | At the date of the first medical examination of the relevant disease or injury, the period for which they have paid pension contributions shall be at least 1/3 of their period of coverage under the National Pension; |
| b. | During the period from 5 years before the date of the first medical examination to that date, the period for which they have paid pension contributions shall be at least 3 years; provided, this shall not apply if, within the period of coverage, the period of arrears is at least 3 years; |
| c. | At the date of the first medical examination of the relevant disease or injury, the period of coverage shall be at least 10 years. |
| (2) | The reference date for determining disability under paragraph (1) shall be the following dates: <Amended on May 29, 2016> |
| 1. | Where there is a date of complete recovery before 1 year and 6 months elapse from the date of the first medical examination: The date of complete recovery; |
| 2. | Where there is no date of complete recovery by the time 1 year and 6 months elapse from the date of the first medical examination: The day following the date on which 1 year and 6 months elapse from the date of the first medical examination; |
| 3. | Where the person was not eligible for a disability pension on the day following the date on which 1 year and 6 months elapsed from the date of the first medical examination under subparagraph 2, but the disease or injury worsened thereafter: The earlier of the date of claim (only if the claim is filed before the old-age pension commencement age under Article 61; hereafter in this Article referred to as "date of claim") or the date of complete recovery; |
| 4. | Where the disease or injury worsened in the case of a person whose entitlement to a disability pension was terminated under Article 70 (1): The earlier of the date of claim or the date of complete recovery. |
| (3) | Even if a person is eligible for a disability pension under paragraph (1), the Service shall not pay a disability pension if they fall under any of the following subparagraphs: <Amended on May 29, 2016> |
| 1. | Where the date of the first medical examination falls within a period excluded from eligibility for coverage under the proviso of Article 6; |
| 2. | Where the date of the first medical examination falls within a period of emigration abroad or loss of nationality; |
| 3. | Where they have received a lump-sum refund under Article 77. |
| (4) | The disability grade for the degree of disability shall be classified into Grades 1, 2, 3, and 4, and matters relating to the criteria for classifying grades and the examination of the degree of disability shall be as prescribed by Presidential Decree. <Amended on May 29, 2016> |
| Article 68 (Disability pension amount) |
| (1) | The amount of a disability pension shall be as follows according to the disability grade: |
| 1. | Grade 1: The basic pension amount plus the additional pension amount for dependents; |
| 2. | Grade 2: 800/1,000 of the basic pension amount plus the additional pension amount for dependents; |
| 3. | Grade 3: 600/1,000 of the basic pension amount plus the additional pension amount for dependents. |
| (2) | For Grade 4, an amount equivalent to 2,250/1,000 of the basic pension amount shall be paid as a lump-sum compensation. |
| Article 69 (Adjustment of concurrent disabilities) |
When a person entitled to a disability pension subsequently incurs another disability for which a disability pension is payable, the disability pension shall be paid according to the degree of disability determined by combining the former and latter disabilities; provided, if the disability pension based on the combined degree is less than the previous disability pension, the previous disability pension shall be paid.
| Article 70 (Change in amount of disability pension) |
| (1) | The Service shall examine the degree of disability of a person entitled to a disability pension, and if the disability grade changes, it shall change the disability pension amount accordingly, and if the person does not fall under any disability grade, it shall terminate the entitlement to a disability pension. |
| (2) | If the disability of a person entitled to a disability pension worsens, they may request the Service to change the amount of the disability pension. |
| (3) | When determining the degree of disability under paragraphs (1) and (2), the date of complete recovery shall be the reference date, and if complete recovery has not occurred by the date classified as follows, the degree of disability shall be determined based on that applicable date: <Added on Dec. 31, 2011; May 29, 2016> |
| 1. | In cases under paragraph (1): The date prescribed by Presidential Decree, such as the last day of the month in which the cycle designated by the Service according to the likelihood of changes in the degree of disability arrives; |
| 2. | In cases under paragraph (2): The date on which the person entitled to a disability pension files the request to change the disability pension amount. |
| (4) | Paragraphs (1) and (2) shall not apply to a person entitled to a disability pension who is age 60 or over. <Amended on Dec. 31, 2011> |
| Article 71 (Evaluation of lump-sum compensation) |
When applying to a person entitled to a lump-sum compensation under Article 68 (2) an adjustment for overlapping pension benefits under Article 56, an adjustment for concurrent disabilities under Article 69, a change in the amount of disability pension under Article 70, or extinctive prescription under Article 115 (1), an amount equal to (400/1,000 of the basic pension amount) divided by 12 shall be deemed to have been paid for 67 months from the month following the month in which the grounds for payment of the lump-sum compensation arose.
SECTION 4 Survivors' Pension
| Article 72 (Persons entitled to survivors' pension) |
| (1) | If any of the following persons dies, a survivors' pension shall be paid to their surviving family members: <Amended on May 29, 2016> |
| 1. | A person entitled to an old-age pension; |
| 2. | An insured person under the National Pension or a former insured person whose period of coverage is at least 10 years; |
| 3. | An insured person under the National Pension or a former insured person whose period for which pension contributions have been paid is at least 1/3 of their coverage-eligible period. |
| 4. | An insured person under the National Pension or a former insured person whose period for which pension contributions have been paid is at least 3 years during the period from 5 years before the date of death to the date of death; provided, this shall not apply if, within the coverage-eligible period, the period of arrears is at least 3 years. |
| 5. | A person entitled to a disability pension of Grade 2 or higher. |
| (2) | Notwithstanding paragraph (1), if a person falling under subparagraph 3 or 4 of that paragraph dies during the following periods, a survivors' pension shall not be paid: <Amended on May 29, 2016> |
| 1. | A period excluded from eligibility for coverage under the proviso of Article 6; |
| 2. | A period of emigration abroad or loss of nationality. |
| Article 73 (Scope of survivors) |
| (1) | Survivors eligible to receive a survivors' pension shall be the following persons whose livelihood was supported by a person under any subparagraph of Article 72 (1) at the time of that person's death (if they are declared missing under Article 27 (1) of the Civil Act, the relevant time is the commencement of the period of disappearance; if they are declared missing under that Article (2), the relevant time is the occurrence of the peril that caused the death); in such cases, the criteria for recognizing persons whose livelihood was supported by an insured person under the National Pension or a former insured person shall be prescribed by Presidential Decree: <Amended on Dec. 31, 2011; May 29, 2016; Jun. 13, 2023> |
| 2. | A child; provided, this is limited to a child under age 25 or a child in a state of disability under Article 52-2; |
| 3. | A parent (including a spouse's parent; hereafter in this Section the same shall apply); provided, this is limited to a parent age 60 or over or in a state of disability under Article 52-2; |
| 4. | A grandchild; provided, this is limited to a grandchild under age 19 or in a state of disability under Article 52-2; |
| 5. | A grandparent (including a spouse's grandparent; hereafter in this Section the same shall apply); provided, this is limited to a grandparent age 60 or over or in a state of disability under Article 52-2. |
| (2) | A survivors' pension shall be paid only to the highest-ranked survivor in the order of priority under the subparagraphs of paragraph (1); provided, if the survivor under paragraph (1) 1 has their entitlement terminated under Article 75 (1) 1 or 2, or suspended under Article 76 (1) or (2), it shall be paid to the survivor under paragraph (1) 2. <Amended on Dec. 31, 2011; Dec. 21, 2021> |
| (3) | If, in the case of paragraph (2), 2 or more survivors are in the same rank, the survivors' pension amount shall be divided in equal shares and paid to them, and the method of payment shall be prescribed by Presidential Decree. |
| Article 74 (Amount of survivors' pension) |
The survivors' pension amount shall be the sum of the applicable amount under the following subparagraphs and the additional pension amount for dependents, depending on the period of coverage; provided, where a person entitled to an old-age pension has died, the survivors' pension amount shall not exceed the old-age pension amount that the deceased was receiving:
| 1. | Where the period of coverage is less than 10 years: 400/1,000 of the basic pension amount; |
| 2. | Where the period of coverage is at least 10 but less than 20 years: 500/1,000 of the basic pension amount; |
| 3. | Where the period of coverage is at least 20 years: 600/1,000 of the basic pension amount. |
| Article 75 (Termination of entitlement to survivors' pension) |
| (1) | If a person entitled to a survivors' pension falls under any of the following, their entitlement shall be terminated: <Amended on Dec. 31, 2011; May 29, 2016; Oct. 24, 2017; Jun. 13, 2023> |
| 2. | Where a person entitled to a survivors' pension who is a spouse remarries; |
| 3. | Where a person entitled to a survivors' pension who is a child or grandchild has their adoption rescinded; |
| 4. | Where child not in a state of disability under Article 52-2 reaches age 25, or a grandchild not in a state of disability under Article 52-2 reaches age 19. |
| 4. | Where a child not in a state of disability under Article 52-2 reaches age 25, or a grandchild not in a state of disability under Article 52-2 reaches age 19; |
| (2) | The entitlement to a survivors' pension of a survivor who is a parent, grandchild, or grandparent shall be terminated if, at the time the insured person under the National Pension or a former insured person dies, their fetus is born and thereby acquires entitlement to a survivors' pension. <Amended on Jan. 28, 2015> |
| Article 76 (Suspension of payment of survivors' pension) |
| (1) | With respect to a spouse who is a person entitled to a survivors' pension, the survivors' pension shall be paid for 3 years from the time their entitlement arises and shall then be suspended until they reach age 55; provided, if they fall under any of the following subparagraphs, payment shall not be suspended: <Amended on Jan. 28, 2015; May 29, 2016; Jun. 13, 2023> |
| 1. | Where they are in a state of disability under Article 52-2; |
| 2. | Where they support the livelihood of a child under age 25 or a child in a state of disability under Article 52-2 of an insured person under the National Pension or a former insured person; |
| 3. | Where they are not engaged in income-earning work prescribed by Presidential Decree. |
| (2) | If the whereabouts of a spouse who is a person entitled to a survivors' pension are unknown for at least 1 year, payment of the survivors' pension for the period of unknown whereabouts shall be suspended upon application by a child who is a survivor. |
| (3) | If there are 2 or more persons entitled to a survivors' pension other than the spouse and any of them has unknown whereabouts for at least 1 year, payment of the survivors' pension for the period of unknown whereabouts with respect to that person shall be suspended upon application by another person entitled to a survivors' pension. |
| (4) | If the whereabouts of a person to whom payment of a survivors' pension has been suspended under paragraphs (2) and (3) are confirmed, the suspension shall be lifted upon that person's application. |
| (5) | If a person entitled to a survivors' pension who is a child or grandchild is adopted by another person, payment of the survivors' pension to that person shall be suspended from the time of the adoption. <Added on Oct. 24, 2017> |
| (6) | If the adoption of a person to whom payment of a survivors' pension has been suspended under paragraph (5) is rescinded, the suspension shall be lifted from the time of the rescission upon that person's application. <Added on Oct. 24, 2017> |
| (7) | If a person entitled to a survivors' pension by reason of disability ceases to be in a state of disability under Article 52-2, payment of the survivors' pension shall be suspended from that time. <Added on Oct. 24, 2017; Jun. 13, 2023> |
| (8) | If a person to whom payment of a survivors' pension has been suspended under paragraph (7) becomes in a state of disability under Article 52-2 due to a worsening disease or injury, the suspension shall be lifted from the time they come to be in that state, upon that person's application. <Added on Oct. 24, 2017; Jun. 13, 2023> |
| (9) | Notwithstanding paragraphs (2) and (3), in cases prescribed by Presidential Decree, such as where the whereabouts of a person entitled to a survivors' pension are unknown for at least 1 year and no person exists who can file an application for suspension under paragraphs (2) and (3), payment of the survivors' pension may be suspended. <Added on Dec. 21, 2021> |
| (10) | Article 86-2 (2) and (3) shall apply mutatis mutandis to the revocation of a suspension under paragraph (9) and to payment thereafter. <Added on Dec. 21, 2021> |
[Title Amended on Oct. 24, 2017]
SECTION 5 Lump-sum refund
| Article 77 (Lump-sum refund) |
| (1) | If an insured person under the National Pension or a former insured person falls under any of the following, a lump-sum refund may be paid upon application by the person or their survivors: <Amended on May 29, 2016> |
| 1. | When a person whose period of coverage is less than 10 years reaches age 60; |
| 2. | When an insured person under the National Pension or a former insured person dies; provided, this shall not apply where a survivors' pension is paid under Article 72; |
| 3. | When the person loses nationality or emigrates abroad. |
| (2) | The amount of a lump-sum refund under paragraph (1) shall be the pension contributions paid by an insured person under the National Pension or a former insured person (including the employer contribution in the case of a workplace-based insured person or former workplace-based insured person), plus interest prescribed by Presidential Decree. |
| (3) | When filing a claim for payment of a lump-sum refund under paragraph (1), Article 73 shall apply mutatis mutandis to the scope of survivors, the order of priority of claims, etc. |
| Article 78 (Payment of amounts to be returned and period of coverage) |
| (1) | A person who has received a lump-sum refund under Article 77 and who again becomes an insured person under the National Pension may pay to the Service an amount equal to the lump-sum refund received plus interest prescribed by Presidential Decree (hereinafter referred to as the "amount to be returned"). |
| (2) | The amount to be returned may be paid in installments, as prescribed by Presidential Decree. In such cases, interest prescribed by Presidential Decree shall be added. |
| (3) | If the amount to be returned is paid under paragraphs (1) and (2), the corresponding period shall be included in the period of coverage. |
| (4) | Matters necessary for payment of the amount to be returned, such as the application, method of payment, and payment deadline under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 79 (Termination of entitlement to lump-sum refund) |
The entitlement to a lump-sum refund shall be terminated if any of the following occurs:
| 1. | When the person entitled to a lump-sum refund again acquires the status of an insured person under the National Pension; |
| 2. | When the person acquires entitlement to an old-age pension; |
| 3. | When the person entitled to a lump-sum refund acquires entitlement to a disability pension; |
| 4. | When a survivor of the person entitled to a lump-sum refund acquires entitlement to a survivors' pension. |
| Article 80 (Lump-sum death payment) |
| (1) | If any of the following persons dies and there are no survivors under Article 73, a lump-sum death payment shall be made to the spouse, children, parents, grandchildren, grandparents, siblings, or collateral blood relatives within the fourth degree; provided, it shall not be paid to a person in cases prescribed by Presidential Decree, such as running away from home or disappearance, and, in the case of collateral blood relatives within the fourth degree, it shall be paid only to a person whose livelihood was supported by any of the following persons at the time of that person's death (if they are declared missing under Article 27 (1) of the Civil Act, the relevant time is the commencement of the period of disappearance; if they are declared missing under that Article (2), the relevant time is the occurrence of the peril that caused the death), as prescribed by Presidential Decree: <Amended on Dec. 31, 2011; May 29, 2016; Dec. 29, 2020> |
| 1. | An insured person under the National Pension or a former insured person; |
| 2. | A person entitled to an old-age pension; |
| 3. | A person entitled to a disability pension of Grade 3 or higher. |
| (2) | The lump-sum death payment under paragraph (1) shall be the following amounts: <Amended on Dec. 29, 2020> |
| 1. | In the case of paragraph (1) 1: An amount equivalent to the lump-sum refund payable to the insured person under the National Pension or former insured person; provided, the amount shall not exceed 4 times the larger of the final standard monthly income of the deceased, converted to the current value as of the year immediately preceding the year of death based on the annual revaluation rate under Article 51 (1) 2, or the average of the standard monthly income during the period of coverage, computed in accordance with that subparagraph; |
| 2. | In the case of paragraph (1) 2 or 3: Where the total pension paid until death is less than the amount calculated by applying mutatis mutandis subparagraph 1 (in such cases, "insured person under the National Pension or former insured person" shall be construed as "a person entitled to an old-age pension or a person entitled to a disability pension of Grade 3 or higher"), an amount equal to the difference. |
| (3) | Where both paragraph (2) 1 and 2 are applicable, subparagraph 2 shall apply. <Added on Dec. 29, 2020> |
| (4) | The order of priority of persons to receive the lump-sum death payment under paragraph (1) shall be spouse, children, parents, grandchildren, grandparents, siblings, and collateral blood relatives within the fourth degree. In such cases, if 2 or more persons are in the same rank, the payment shall be divided in equal shares and paid to them, and the method of payment shall be prescribed by Presidential Decree. <Amended on Dec. 29, 2020> |
| Article 81 (Relationship between survivors' pension and lump-sum death payment) |
With respect to a person entitled to a survivors' pension under Article 73 (1) 2 or 4, if the total amount of the survivors' pension paid until the entitlement is terminated under Article 75 (1) 4 is less than the lump-sum death payment under Article 80 (2), the difference shall be paid as a lump sum.
SECTION 6 Restriction on Payment of Benefits
| Article 82 (Restriction on payment of benefits) |
| (1) | If an insured person under the National Pension or a former insured person intentionally causes a disease, an injury, or an accident that causes them, and thereby incurs a disability, the Service need not pay a disability pension on the grounds of that disability. |
| (2) | If an insured person under the National Pension or a former insured person fails to comply with medical treatment instructions intentionally or by gross negligence, or without good cause, and thereby falls under any of the following, the Service need not pay, in whole or in part, benefits on that ground, as prescribed by Presidential Decree: |
| 1. | Where the person becomes disabled or dies; |
| 2. | Where the person causes an accident which is the cause of a disability or death; |
| 3. | Where the person aggravates the disability or impedes recovery. |
| (3) | The Service shall not pay a survivors' pension, unpaid benefits, a lump-sum refund, or a lump-sum death payment (hereafter in this paragraph referred to as "survivor’s pension, etc.") arising upon death to any of the following persons: <Added on May 29, 2016; Dec. 16, 2025> |
| 1. | A survivor who intentionally causes the death of an insured person under the National Pension or a former insured person; |
| 2. | A survivor who intentionally causes the death of a person who may become a person entitled to a survivors' pension, etc.; |
| 3. | A person entitled to a survivors' pension, etc. who intentionally causes the death of another person entitled to a survivors' pension, etc.; |
| 4. | A survivor of an insured person or a former insured person who has lost the right of inheritance under Article 1004-2 of the Civil Act. |
| Article 83 (Restriction on changes to disability pension amount) |
If a person entitled to a disability pension aggravates the disability or impedes recovery by failing to comply with medical treatment instructions intentionally or by gross negligence, or without good cause, the Service need not change the disability pension amount under Article 70.
| Article 84 Deleted. <May 29, 2016> |
| Article 85 Deleted. <May 29, 2016> |
| Article 86 (Suspension of payment) |
| (1) | If a person entitled to benefits falls under any of the following subparagraphs, payment of benefits may be suspended in whole or in part: |
| 1. | When a person entitled to benefits, without good cause, fails to comply with the Service's request to submit documents or other data under Article 122 (1); |
| 2. | When a person entitled to a disability pension or a survivors' pension, without good cause, fails to comply with the Service's request for medical examination or verification under Article 120; |
| 3. | When a person entitled to a disability pension impairs their recovery by failing to comply with medical treatment instructions, whether intentionally or by gross negligence, or without good cause; |
| 4. | When a person entitled to benefits, without good cause, fails to file a report under Article 121 (1). |
| (2) | If payment of benefits is to be suspended under paragraph (1), the Service may temporarily suspend payment of benefits before the suspension takes effect, as prescribed by Presidential Decree. |
| Article 86-2 (Suspension of payment of benefits for persons whose whereabouts are unknown) |
| (1) | If the whereabouts of a person entitled to benefits (excluding a person entitled to a survivors' pension; hereafter in this Article the same shall apply) have been unknown for at least 1 year, the Service may suspend payment of benefits under this Act. |
| (2) | If, after suspending payment under paragraph (1), the whereabouts of the person entitled to benefits are confirmed or their death is confirmed, the Service shall revoke the suspension of payment. |
| (3) | If the suspension of payment is revoked under paragraph (2), the Service shall pay to the person entitled to benefits the benefits that were not paid during the period of suspension (if the person entitled to benefits has died, referring to the person who may receive unpaid benefits under Article 55 in accordance with the claim procedure). |
| (4) | Matters necessary for the suspension of payment of benefits under paragraph (1), the revocation of the suspension under paragraph (2), and the standards for payment of unpaid benefits, etc., under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 21, 2021]
CHAPTER V SHARING OF EXPENSES AND COLLECTION OF PENSION CONTRIBUTIONS
| Article 87 (Expenses borne by the National Treasury) |
Each year, the State shall bear, in whole or in part, the expenses necessary for the Service and the Health Insurance Service to manage and operate the operations of the National Pension. <Amended on May 21, 2009>
| Article 88 (Imposition and collection of pension contributions) |
| (1) | The Minister of Health and Welfare shall entrust to the Health Insurance Service the matters under this Act relating to the collection of pension contributions in the operations of the National Pension. <Added on May 21, 2009; Jun. 7, 2011> |
| (2) | To help cover the costs of the operations of the National Pension, the Service shall impose pension contributions on insured persons under the National Pension and on employers each month during their period of coverage, and the Health Insurance Service shall collect the contributions. <Amended on May 21, 2009> |
| (3) | Of the pension contribution of a workplace-based insured person, the employee contribution shall be borne by the workplace-based insured person and the employer contribution by the employer, and each amount shall be equal to 65/1,000 of the standard monthly income. <Amended on May 21, 2009; Apr. 2, 2025> |
| (4) | The pension contribution of an individually insured person, a voluntarily insured person, or a voluntarily and continuously insured person shall be borne by that person, and the amount shall be equal to 130/1,000 of the standard monthly income. <Amended on May 21, 2009; Apr. 2, 2025> |
| (5) | If, due to a correction of the standard monthly income or any other reason, the Service recalculates the amount initially determined to be collected and shall collect additional pension contributions, it may allow the insured person or employer to pay the additional pension contributions in installments. In such cases, matters necessary for installment payment of pension contributions, such as persons eligible to apply for installment payment, methods of installment payment, and payment deadlines, shall be prescribed by Presidential Decree. <Added on Jun. 7, 2011> |
[Title Amended on May 21, 2009]
| Article 88-2 (Notice of payment) |
| (1) | When the Health Insurance Service imposes pension contributions under Article 88, it shall give written notice to the person liable to pay them, stating the amount of the pension contribution, the payment deadline, the place of payment, etc.; provided, for any period during which the contributions are paid by automatic transfer under Article 89 (4), such notice may be omitted. <Amended on Dec. 29, 2020> |
| (2) | Upon the application of a person liable to pay, the Health Insurance Service may give the notice under the main clause of paragraph (1) by electronic document through an electronic document exchange system, etc. In such cases, the methods and procedures for applying for electronic notice, and other necessary matters, shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Jan. 18, 2010> |
| (3) | If the Health Insurance Service gives notice by electronic document under paragraph (2), the notice shall be deemed to have been served on the person liable to pay when the electronic document is stored on an information and communications network prescribed by Decree of the Ministry of Health and Welfare or is delivered to the email address designated by the person obligated to pay. <Amended on Jan. 18, 2010> |
| (4) | A notice given to one of the persons jointly and severally liable to pay pension contributions under Article 90 (3) shall be effective with respect to the other persons jointly and severally liable for payment. |
| (5) | If a secondary person liable to pay under Article 90-2 becomes obligated to pay, the Health Insurance Service shall give notice of payment to that person and, if it has given such notice, shall notify the employer that is a corporation and the transferor of the business of the fact. In such cases, paragraphs (1) through (3) shall apply mutatis mutandis to matters relating to the methods of giving notice of payment, delivery of notice, etc. <Added on Jun. 22, 2015> |
[This Article Added on May 21, 2009]
| Article 89 (Payment deadline for pension contributions) |
| (1) | Pension contributions shall be paid by the person liable to pay them no later than the 10th day of the month following the month for which the contributions are payable; provided, a person who operates or is engaged in the business of agriculture, forestry, livestock farming, or fishery, as prescribed by Presidential Decree (hereinafter referred to as "farmers and fishers"), may, upon their request, pay pension contributions on a quarterly basis by the 10th day of the month following the relevant quarter. |
| (2) | If a pension contribution is paid at least 1 month before the payment deadline, it shall be deemed paid on the day following the date of the payment deadline for the previous month's contribution. |
| (3) | If a person liable to pay pays a pension contribution in advance, the period, the amount of reduction, etc., shall be prescribed by Presidential Decree. |
| (4) | If a person liable to pay pays a pension contribution by automatic transfer from an account or by automatic payment by credit card, the person may be granted a reduction of the pension contribution or provided with other financial benefits, as prescribed by Presidential Decree. <Amended on May 21, 2009; Dec. 29, 2020> |
| (5) | Notwithstanding paragraph (1), if any ground prescribed by Decree of the Ministry of Health and Welfare, such as delayed service of the notice, is met, the Health Insurance Service may extend the payment deadline by up to 1 month from the deadline under paragraph (1). <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010> |
| (6) | To receive an extension of the payment deadline under paragraph (5), the person liable to pay shall apply to the Health Insurance Service, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010> |
| Article 90 (Payment of pension contributions by withholding at source) |
| (1) | An employer shall withhold the employee contribution payable by a workplace-based insured person from the monthly wages payable to them and pay it. In such cases, where a portion of the workplace-based insured person's pension contribution is subsidized under Article 100-3 (1), the employer shall withhold the employee contribution less the amount subsidized toward the employee contribution. <Amended on May 21, 2009; May 29, 2016> |
| (2) | When an employer withholds the employee contribution from wages under paragraph (1), the employer shall prepare a deduction statement and deliver it to the workplace-based insured person, as prescribed by Decree of the Ministry of Health and Welfare. In such cases, a pay stub showing the details of the employee-contribution deduction shall be deemed a deduction statement. <Amended on Jun. 7, 2011; Jan. 28, 2015> |
| (3) | If there are at least 2 employers at a workplace that is not a corporation, those employers shall be jointly and severally liable to pay the pension contributions of workplace-based insured persons and the related amounts to be collected. <Added on May 21, 2009> |
| (4) | If an employer fails to pay the pension contributions under paragraph (1), the Health Insurance Service shall notify the employees of that workplace of its arrears in pension contributions, as prescribed by Decree of the Ministry of Health and Welfare. <Added on Jul. 27, 2021> |
| (5) | The Health Insurance Service shall additionally notify the arrears under paragraph (4) by text message, email, or other methods prescribed by Decree of the Ministry of Health and Welfare. <Added on Jul. 27, 2021> |
[Title Amended on May 21, 2009]
| Article 90-2 (Secondary liability for payment) |
| (1) | Where it is insufficient though a corporation has appropriated its assets for pension premiums it should have paid, arrears and expenses incurred in collecting delinquent pension premiums, partners with unlimited liability or oligopolistic shareholders (referring to persons falling under any subparagraph of Article 39 of the Framework Act on National Taxes) as of the date liability to pay pension premiums is imposed on the relevant corporation shall be liable to make a second payment for the insufficient amount of money; provided, in cases of an oligopolistic shareholder, the amount obtained by multiplying the amount obtained by dividing the insufficient amount of money by the total number of issued shares (excluding shares without the voting right) or the total amount of investment of the corporation by the number of shares (excluding shares without the voting right) or the amount of investment over which the relevant oligopolistic shareholder substantially exercises his or her right to control shall be the limits of his or her liability to make a second payment. |
| (2) | Where a business is transferred, if, even after applying the transferor's assets to the payment of the pension contributions imposed on the transferor prior to the date of transfer, together with late-payment interest and the expenses of disposition for arrears, the amount is insufficient, the transferee of the business shall be secondarily liable to pay the insufficient amount up to the value of the assets acquired by transfer. In such cases, matters relating to the scope of transferees and the value of the assets acquired shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 22, 2015]
[Previous Article 90-2 moved to Article 90-3 <Jun. 22, 2015>]
| Article 90-3 (Payment of pension contributions by credit card, etc.) |
| (1) | A person liable to pay may pay pension contributions, late-payment interest, expenses of disposition for arrears, and other amounts to be collected (hereafter in this Article referred to as "pension contributions, etc.") by credit card, debit card, etc. (hereafter in this Article referred to as "credit card, etc.") through institutions, etc. prescribed by Presidential Decree to act as an agent for such payment (hereafter in this Article referred to as an "agency for payment of pension contributions, etc."). <Amended on Mar. 21, 2017> |
| (2) | If pension contributions, etc. are paid by credit card, etc., the date of approval by the agency for payment of pension contributions, etc. shall be deemed the date of payment. |
| (3) | An agency for payment of pension contributions, etc. may charge a commission to the person liable to pay them in return for paying pension contributions, etc. on their behalf. |
| (4) | Matters necessary for the designation and operation of the agency for payment of pension contributions, etc. and for commissions, etc. shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 28, 2015]
[Moved from Article 90-2 <Jun. 22, 2015>]
| Article 91 (Exceptions to payment of pension contributions) |
| (1) | If a workplace-based insured person or an individually insured person is unable to pay pension contributions for any of the following reasons, the person liable to pay, as prescribed by Presidential Decree, need not pay the pension contributions for the period during which the reason continues: <Amended on Dec. 21, 2007> |
| 1. | Suspension of projects, unemployment, or leave of absence; |
| 2. | Performance of military service under Article 3 of the Military Service Act; |
| 3. | Enrollment in a school under Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act; |
| 4. | Confinement in a correctional institution under Article 11 of the Act on Execution of Sentences and Treatment of Inmates; |
| 5. | Confinement in a protective custody facility under the previous Social Protection Act or in a medical treatment and custody facility under the Medical Treatment and Custody Act. |
| 6. | Whereabouts unknown for less than 1 year; in such cases, the criteria and methods for determination shall be as prescribed by Presidential Decree. |
| 7. | Decrease in income due to a disaster, accident, etc., or non-engagement in income-earning work, as prescribed by Presidential Decree. |
| (2) | The period during which pension contributions are not paid under paragraph (1) shall not be included in the period of coverage. |
| Article 92 (Deferred payment of pension contributions) |
| (1) | An insured person under the National Pension may apply to make a deferred payment of pension contributions (hereinafter referred to as "deferred pension contributions") corresponding to all or part of any of the following periods, within a limit of less than 10 years: <Amended on Oct. 24, 2017; Dec. 29, 2020; Mar. 28, 2023> |
| 1. | A period during which, after making the first payment of pension contributions, the person did not pay pension contributions under subparagraph 1, 4, or 5 of Article 9; |
| 1-2. | A period during which an employee under 18 years of age, after making the first payment of pension contributions under the main clause of Article 8 (2), did not pay pension contributions under the proviso of that paragraph; |
| 2. | A period during which the person did not pay pension contributions under Article 91 (1); |
| 3. | A period during which the person performed the duty of military service, where the person acquired insured status under the National Pension after completing the duty of military service under Article 3 of the Military Service Act; provided, any of the following periods shall be excluded: |
| a. | A period included in the period of service under the Government Officials Pension Act, the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act; |
| b. | A period included in the period of service under the Military Pension Act; |
| c. | A period during which the duty of military service was performed before January 1, 1988. |
| (2) | If a person has received a lump-sum refund of pension contributions paid, notwithstanding paragraphs (1) 1 and 1-2, the period corresponding thereto shall not be deemed a period for which pension contributions were paid; provided, this shall not apply if the person pays back the lump-sum refund as an amount to be returned under Article 78. <Added on Oct. 24, 2017; Mar. 28, 2023> |
| (3) | Deferred pension contributions shall be calculated as the amount obtained by multiplying the pension contribution for the month that includes the payment deadline under paragraph (6) by the number of months of the period for which deferred payment is sought, and the standard monthly income used to calculate such pension contributions shall be based on the month in which the application for deferred payment is filed; provided, where a voluntarily insured person files an application for deferred payment, the upper limit of the pension contribution used to calculate the deferred pension contributions shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2017; Nov. 25, 2025> |
| (4) | Deferred pension contributions may be paid in installments, as prescribed by Presidential Decree. In such cases, interest prescribed by Presidential Decree shall be added. <Amended on Oct. 24, 2017> |
| (5) | If a person pays deferred pension contributions, the period corresponding thereto shall, under paragraph (1), be included in the period of coverage based on the date on which the deferred pension contributions are paid. In such cases, the basic pension amount for the period of coverage included by the deferred payment shall be calculated based on the month that includes the date of payment of the deferred pension contributions. <Amended on Oct. 24, 2017> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the payment of deferred pension contributions, including the application for payment, methods of payment, and payment deadlines, shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2017> |
[This Article Wholly Amended on May 29, 2016]
| Article 93 Deleted. <Jan. 28, 2015> |
| Article 94 (Advance collection of pension contributions from workplace-based and individually insured persons) |
If any of the following grounds applies to the person liable to pay the pension contributions of a workplace-based insured person or to an individually insured person, the Health Insurance Service may collect the pension contributions before the payment deadline (or, if the deadline has been extended under Article 89 (5), before that extended deadline):
| 1. | When the person has been subjected to disposition for arrears due to arrears of national taxes, local taxes, or other public charges; |
| 2. | When the person has been subjected to compulsory execution; |
| 3. | When the person has been declared bankrupt; |
| 4. | When auction proceedings have been commenced; |
| 5. | When the corporation has been dissolved. |
| Article 95 (Demand for payment of pension contributions and disposition for arrears) |
| (1) | If a workplace-based insured person or an individually insured person fails to pay the pension contributions and other amounts to be collected by the payment deadline (or, if extended under Article 89 (5), by the extended deadline), or if a person secondarily liable to pay under Article 90-2 fails to pay the pension contributions, late-payment interest, and expenses of disposition for arrears by the deadline, the Health Insurance Service shall issue a demand for payment by setting a deadline as prescribed by Presidential Decree. <Amended on May 21, 2009; Jun. 22, 2015> |
| (2) | The Health Insurance Service shall issue a demand notice, specifying a payment period of at least 10 days, when making a demand under paragraph (1). <Amended on May 21, 2009> |
| (3) | A demand given to one of the persons jointly and severally liable to pay pension contributions under Article 90 (3) shall have effect with respect to the other persons jointly and severally liable for payment. <Added on May 21, 2009> |
| (4) | If a person who has received a demand under paragraph (1) fails to pay the pension contributions and the related amounts to be collected by the deadline, the Health Insurance Service, with the approval of the Minister of Health and Welfare, may collect them in the same manner as delinquent national taxes are collected. In such cases, if the amount collected falls short of the pension contributions in arrears and the related amounts to be collected, the Health Insurance Service shall credit the collected amount against the pension contributions in arrears and the related amounts to be collected, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010; Jan. 28, 2015> |
| (5) | Before taking a disposition for arrears under paragraph (4), the Health Insurance Service shall send a notice that includes the details of the pension contributions and other amounts in arrears, the types of property subject to attachment, the fact that attachment is scheduled, and the prohibition on attaching small financial assets under subparagraph 18 of Article 41 of the National Tax Collection Act; provided, this shall not apply where, as prescribed by Presidential Decree, there is a need to take an urgent disposition for arrears, such as the dissolution of a corporation. <Added on Dec. 11, 2018; Dec. 29, 2020> |
| (6) | If, in disposing of attached property in the same manner as delinquent national taxes are collected under paragraph (4), the Health Insurance Service deems that expert knowledge is required or that direct sale is inappropriate due to other special circumstances, it may have the Korea Asset Management Corporation, established under the Act on the Establishment of Korea Asset Management Corporation (hereinafter referred to as the "Korea Asset Management Corporation"), sell the property as its agent, as prescribed by Presidential Decree. In such cases, a sale conducted by the Korea Asset Management Corporation shall be deemed a sale conducted by the Health Insurance Service. <Amended on May 21, 2009; Jan. 18, 2010; May 19, 2011; Dec. 11, 2018; Nov. 26, 2019> |
| (7) | If the Korea Asset Management Corporation sells the property as agent under paragraph (6), the Health Insurance Service may pay a commission, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010; Dec. 11, 2018> |
| Article 95-2 (Certification of payment of pension contributions, etc.) |
| (1) | If a person liable to pay under Article 88 (hereafter in this Article referred to as "the person liable to pay") is paid the contract price, for contracts such as construction, manufacture, purchase, or services, by the State, a local government, or a public institution under Article 4 of the Act on the Management of Public Institutions, as prescribed by Presidential Decree, they shall provide certification of payment of pension contributions, late-payment interest, and expenses of disposition for arrears (hereafter in this Article referred to as "pension contributions, etc."); provided, this shall not apply in cases prescribed by Presidential Decree, such as where the person liable to pay intends to apply all or part of the contract price toward pension contributions in arrears. |
| (2) | If a person liable to pay is required under paragraph (1) to provide certification of payment, the competent government agency or public institution responsible for the contract under paragraph (1) may, with the person's consent, make an inquiry to the Health Insurance Service to verify whether pension contributions, etc. have been paid. In such cases, that verification may substitute for the certification of payment under paragraph (1). |
[This Article Added on Jun. 22, 2015]
[Previous Article 95-2 moved to Article 95-3 <Jun. 22, 2015>]
| Article 95-3 (Installment payment of pension contributions in arrears) |
| (1) | The Health Insurance Service may approve installment payment for an individually insured person who has been in arrears with pension contributions on at least 2 occasions, as prescribed by Decree of the Ministry of Health and Welfare. |
| (2) | Before taking a disposition for arrears under Article 95 (4), the Health Insurance Service shall notify an individually insured person who has been in arrears with pension contributions on at least 2 occasions that they may apply for installment payment under paragraph (1), and shall provide guidance on the procedures, methods, etc. for applying for installment payment, as prescribed by Decree of the Ministry of Health and Welfare. <Added on Dec. 11, 2018> |
| (3) | If a person approved for installment payment under paragraph (1), without good cause, fails to pay the approved contributions on at least 2 occasions, the Health Insurance Service shall revoke the approval. <Amended on Dec. 11, 2018> |
| (4) | Matters necessary for the procedures, methods, criteria, etc. for approval and revocation of installment payment shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Dec. 11, 2018> |
[This Article Added on Jan. 28, 2015]
[Moved from Article 95-2 <Jun. 22, 2015>]
| Article 95-4 (Provision of data on arrears) |
| (1) | If necessary for the collection of pension contributions or for a public-interest purpose, the Health Insurance Service may provide the comprehensive credit information concentration institution under Article 25 (2) 1 of the Credit Information Use and Protection Act with data on the employer's personal details and the amount in arrears (hereafter in this Article referred to as "data on arrears") if the total of the pension contributions under this Act that have been in arrears for at least 1 year from the day following the payment deadline, together with late-payment interest and expenses of disposition for arrears, is at least 5 million won; provided, this shall not apply where an administrative appeal, administrative litigation, a request for examination, or a request for re-examination under this Act is pending in connection with the pension contributions in arrears, or in other cases prescribed by Presidential Decree. |
| (2) | Matters necessary for the procedures, methods, etc. for providing data on arrears shall be prescribed by Presidential Decree. |
| (3) | A person provided with the data on arrears under paragraph (1) shall not disclose or use it for any purpose other than the performance of their duties. |
[This Article Added on Dec. 29, 2020]
| Article 96 (Service of documents) |
With respect to service of documents under Articles 57-2, 88-2, and 95, Articles 8 (excluding the proviso of paragraph (2) of that Article) through 12 of the Framework Act on National Taxes shall apply mutatis mutandis; provided, where service is by mail, the method shall be prescribed by Presidential Decree. <Amended on May 21, 2009>
| Article 97 (Late-payment interest) |
| (1) | If a person liable to pay fails to pay the pension contributions by the payment deadline (or, if extended under Article 89 (5), by the extended deadline), the Health Insurance Service shall collect late-payment interest, from the day following the payment deadline, by adding an amount equal to 1/1,500 of the pension contributions in arrears for each day that elapses. In such cases, the late-payment interest shall not exceed 20/1,000 of the pension contributions in arrears. <Amended on May 21, 2009; Jun. 22, 2015; Jan. 21, 2020> |
| (2) | If a person liable to pay fails to pay the pension contributions in arrears, the Health Insurance Service shall, in addition to the late-payment interest under paragraph (1), collect an additional amount equal to 1/6,000 of the pension contributions in arrears for each day, from the day on which 30 days have elapsed after the payment deadline. In such cases, the aggregate late-payment interest shall not exceed 50/1,000 of the pension contributions in arrears. <Amended on May 21, 2009; Jun. 22, 2015; Jan. 21, 2020> |
| (3) | Notwithstanding paragraphs (1) and (2), where there is a natural disaster or any other unavoidable reason prescribed by Presidential Decree, the Health Insurance Service need not collect the late-payment interest under paragraphs (1) and (2). <Amended on May 21, 2009> |
| Article 97-2 (Disclosure of personal details of high-amount and habitual defaulters) |
| (1) | If a person in arrears (limited to workplace-based insured persons) has, from the day following the payment deadline under this Act, been in arrears for at least 1 year with a total amount of pension contributions, late-payment interest, and expenses of disposition for arrears (hereafter in this paragraph referred to as "pension contributions, etc.) of at least 20 million won, and despite having the ability to pay remains in arrears, the Health Insurance Service may disclose the person's personal details (referring to the employer's personal details) and the amount in arrears, etc. (hereafter in this Article referred to as "personal details, etc."); provided, this shall not apply if an administrative appeal or administrative litigation is pending with respect to the pension contributions, etc., in arrears, or in other cases prescribed by Presidential Decree, such as partial payment of the amount in arrears. <Amended on Dec. 29, 2020> |
| (2) | To deliberate on whether to disclose the personal details, etc., the Health Insurance Service shall establish a Deliberative Committee on the Disclosure of Pension Contribution Information. |
| (3) | After deliberation by the Deliberative Committee on the Disclosure of Pension Contribution Information, the Health Insurance Service shall give written notice to any person whose personal details, etc. are proposed to be disclosed, thereby affording them an opportunity to present explanations; and after 6 months from the date of the notice, shall select the persons to be disclosed, taking into account the payment of the amount in arrears, etc. |
| (4) | Disclosure of the personal details, etc. shall be made by publishing in the Official Gazette or by posting on the Health Insurance Service website. |
| (5) | The criteria for determining payment capacity, the fulfillment of payment of the amount in arrears, the procedures for disclosure of the personal details, etc., and matters necessary for the composition, operation, etc. of the Deliberative Committee on the Disclosure of Pension Contribution Information, shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 22, 2012]
| Article 98 (Order of priority in collection of pension contributions) |
The order of priority for the collection of pension contributions and other amounts to be collected under this Act shall be the same as the order of priority for insurance contributions under the National Health Insurance Act.
| Article 99 (Termination of authority to collect pension contributions, etc.) |
The authority to collect pension contributions and late-payment interest from an individually insured person, a voluntarily insured person, or a voluntarily and continuously insured person shall be terminated upon any of the following: <Amended on May 21, 2009>
| 1. | When an insured person or a former insured person dies; |
| 2. | When they receive an old-age pension or a lump-sum refund under Article 77 (1); |
| 3. | When the extinctive prescription under Article 115 (1) is completed. |
| Article 100 (Crediting and refund of amounts erroneously paid or overpaid) |
| (1) | If the Service finds an amount erroneously paid or overpaid arising from pension contributions, late-payment interest, or expenses of disposition for arrears, it shall credit such amount against the pension contributions or other amounts to be collected under this Act, as prescribed by Presidential Decree. <Amended on May 21, 2009> |
| (2) | If any amount remains after crediting under paragraph (1), the Service shall decide on a refund thereof, and the Health Insurance Service shall pay the refund, as prescribed by Presidential Decree. <Added on May 21, 2009> |
| (3) | In the case of paragraphs (1) and (2), interest prescribed by Presidential Decree shall be added to the amount erroneously paid or overpaid. <Added on May 21, 2009> |
| Article 100-2 (Deemed payment of pension contributions by individually insured persons) |
If a workplace subject to mandatory coverage under the main clause of Article 8 (1) ceases to satisfy the criteria, the pension contributions paid until the employer files a report under Article 21 (1) shall be deemed to be pension contributions paid by an individually insured person.
[This Article Added on Jun. 7, 2011]
| Article 100-3 (Subsidization of pension contributions for workplace-based insured persons) |
| (1) | If an employee who is a national of the Republic of Korea, as a workplace-based insured person under Article 8, satisfies all of the following requirements, the State may subsidize a portion of the employee contribution and the employer contribution of the pension contributions, within the budget: <Amended on May 29, 2016> |
| 1. | They shall be employed at a workplace of a size prescribed by Presidential Decree and earn income below the amount prescribed by Presidential Decree; |
| 2. | The employee's assets and their global income under Article 4 (1) 1 of the Income Tax Act shall be below the standards prescribed by Presidential Decree. |
| (2) | Matters necessary for the level of support for pension contributions, and for the methods, procedures, etc. for support, shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 31, 2011]
[Title Amended on Jan. 21, 2020]
| Article 100-4 (Subsidization of pension contributions for individually insured persons) |
| (1) | If an individually insured person who is a national of the Republic of Korea meets all of the following requirements, the State may subsidize a portion of the pension contributions; in such cases, the period of subsidization shall not exceed 12 months: <Amended on Apr. 2, 2025> |
| 1. | Deleted; <Apr. 2, 2025> |
| 2. | Their property and global income under Article 4 (1) 1 of the Income Tax Act shall be below the standards prescribed by Presidential Decree; |
| 3. | Their income shall be less than the amount prescribed by Presidential Decree; |
| 4. | They shall not be receiving subsidization of pension contributions falling under any of the following items: |
| a. | Subsidization of pension contributions under Article 19-2 (3); |
| b. | Subsidization of pension contributions under Article 7 of the Addenda to the wholly amended National Pension Act (Act No. 8541); |
| c. | Subsidization of pension contributions under Article 7 of the Addenda to the wholly amended National Pension Act (Act No. 11143). |
| (2) | Matters necessary for the level of support for pension contributions, and for the methods, procedures, etc. for support, under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 21, 2020]
[Previous Article 100-4 moved to Article 100-5 <Jan. 21, 2020>]
| Article 100-5 (Recovery of subsidies for pension contributions) |
| (1) | If a person has received a subsidy for pension contributions under this Act and falls under any of the following subparagraphs, the State may recover the subsidy, in whole or in part: |
| 1. | Where the subsidy was obtained by fraud or any other improper means; |
| 2. | Where the subsidy was erroneously paid. |
| (2) | Matters necessary for the identification of persons subject to recovery under paragraph (1), and for the criteria and methods for recovery, etc., shall be prescribed by Presidential Decree. |
| (3) | If, in recovering the subsidy under paragraph (1), the person liable to repay it is deemed unable to do so because their whereabouts are unknown, they have no assets, or for any other unavoidable reason, the State may write it off as uncollectible. |
| (4) | The recovery of subsidies under paragraph (1) and the write-off under paragraph (3) shall be entrusted to the Service. In such cases, Article 57-2 shall apply mutatis mutandis to the recovery of subsidies. |
[This Article Added on Dec. 31, 2011]
[Moved from Article 100-4 <Jan. 21, 2020>]
CHAPTER VI NATIONAL PENSION FUND
| Article 101 (Establishment and formation of the Fund) |
| (1) | The Minister of Health and Welfare shall establish the National Pension Fund (hereafter in this Chapter referred to as "the Fund") to ensure the stable procurement of the financial resources necessary for the operations of the National Pension and to serve as a reserve for benefits under this Act. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | The Fund shall consist of the following financial resources: |
| 1. | Pension contributions; |
| 2. | Returns from the operation of the Fund; |
| 4. | Surplus in the Service's settlement of revenues and expenses. |
| Article 102 (Management and operation of the Fund) |
| (1) | The Minister of Health and Welfare shall manage and operate the Fund. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | To maximize returns so as to maintain the long-term stability of the National Pension's finances, the Minister of Health and Welfare shall manage and operate the Fund by the following methods, in accordance with the resolutions of the National Pension Fund Management Committee under Article 103, and investment in projects to promote the welfare of insured persons, former insured persons, and persons entitled to benefits shall be made to the extent that it does not undermine the stability of the National Pension's finances; provided, in the case of subparagraph 2, the Minister shall, in consultation with the Minister of Economy and Finance and the Minister of Planning and Budget, purchase State bonds: <Amended on Aug. 3, 2007; Feb. 29, 2008; Jan. 18, 2010; Oct. 1, 2025> |
| 1. | Deposits with, or trusts with, financial institutions prescribed by Presidential Decree; |
| 2. | Investment in the public sector for public projects; |
| 3. | Purchase, sale, or lending of securities under Article 4 of the Financial Investment Services and Capital Markets Act; |
| 4. | Transactions on the derivatives market for financial investment product indices, among the indices under the subparagraphs of Article 5 (1) of the Financial Investment Services and Capital Markets Act; |
| 5. | Welfare programs and loan programs under Article 46; |
| 6. | Acquisition and disposal of assets to achieve the Fund's primary purpose; |
| 7. | Other projects to increase the Fund, as prescribed by Presidential Decree. |
| (3) | If the Fund is managed and operated by methods other than those under subparagraphs 5 and 6 of paragraph (2), the Minister shall act in good faith and with due diligence so as to achieve returns exceeding the market rate of return for each asset class; provided, where, under paragraph (2) 2, the Fund is deposited in the Public Capital Management Fund under the Public Capital Management Fund Act (hereinafter referred to as the "Management Fund"), the rate of return shall be determined at a level not lower than the yield on 5-year State bonds by the Public Capital Management Fund Management Committee under Article 7 (2) of that Act, as prescribed by Presidential Decree, in consultation with the National Pension Fund Management Committee under Article 103. |
| (4) | If the Minister of Health and Welfare manages and operates the Fund under paragraph (2) 3, the Minister may take into account environmental, social, and governance factors related to the investment targets, with a view to increasing returns in a long-term and stable manner. <Added on Jan. 28, 2015> |
| (5) | The Minister of Health and Welfare shall account for the Fund, as prescribed by Presidential Decree, to clarify the Fund's investment performance and financial condition. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jan. 28, 2015> |
| (6) | The Minister of Health and Welfare may entrust to the Service part of the affairs relating to the management and operation of the Fund, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jan. 28, 2015> |
| Article 102-2 (Contribution from the Fund to the Health Insurance Service) |
| (1) | The Minister of Health and Welfare may, following a resolution of the National Pension Fund Management Committee under Article 103, make a contribution from the Fund to the Health Insurance Service to cover expenses incurred in the collection of pension contributions, etc. In such cases, matters necessary for the amount, criteria, etc., of the contribution shall be prescribed by Presidential Decree. <Amended on Jun. 7, 2011> |
| (2) | If a surplus arises in the settlement of accounts for a contribution under paragraph (1), the Health Insurance Service shall apply Article 45 mutatis mutandis. |
[This Article Added on May 21, 2009]
| Article 103 (National Pension Fund Management Committee) |
| (1) | To deliberate on and resolve the following matters relating to the operation of the Fund, a National Pension Fund Management Committee (hereinafter referred to as the "Management Committee") shall be established in the Ministry of Health and Welfare: <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| 1. | Matters relating to the Fund management guidelines; |
| 2. | Matters relating to consultation on the deposit interest rate where the Fund is entrusted to the Management Fund; |
| 3. | Matters relating to the Fund management plan; |
| 4. | Matters relating to the details of the Fund's management and use under Article 107 (3); |
| 5. | Other important matters relating to the management of the Fund that the chairperson of the Management Committee submits to a meeting. |
| (2) | The Management Committee shall consist of the Minister of Health and Welfare, as chairperson; the Vice Minister of Economy and Finance, the Vice Minister of Agriculture, Food and Rural Affairs, the Vice Minister of Trade, Industry and Resources, the Vice Minister of Employment and Labor, the Vice Minister of Planning and Budget, and the chief executive officer of the Service, as ex officio members; and the following members appointed by the chairperson: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 4, 2010; Mar. 23, 2013; Oct. 1, 2025> |
| 1. | Three persons recommended by employers' organizations to represent employers; |
| 2. | Three persons recommended by a federation representing labor unions to represent employees; |
| 3. | Persons representing individually insured persons, as follows: |
| a. | Two persons recommended by organizations of farmers and fishers; |
| b. | Two persons recommended by organizations related to self-employed persons, other than organizations of farmers and fishers; |
| c. | Two persons recommended by consumer groups and civic groups; |
| 4. | Two experts with extensive knowledge of and experience in the National Pension. |
| (3) | Each member shall hold office for a term of 2 years and may be reappointed only once; provided, the chairperson and each ex officio members shall serve for the duration of their respective tenures as Minister, Vice Minister, or Chairperson and Chief Executive Officer of the Service. |
| (4) | The chairperson shall convene and preside over meetings of the Management Committee. <Amended on Mar. 22, 2013> |
| (5) | The Management Committee shall meet at least 4 times each year; meetings shall open with a majority of the incumbent members present, and resolutions shall be adopted by a majority of the members present. In such cases, members who are absent shall be deemed not to have exercised their voting rights. |
| (6) | Upon the request of the Management Committee, the Minister of Health and Welfare shall submit in advance the materials necessary for the meeting. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (7) | Matters necessary for the composition, operation, etc. of the Management Committee shall be prescribed by Presidential Decree. |
| Article 103-2 (Minutes of Management Committee Meeting) |
| (1) | The chairperson shall prepare and keep minutes of meetings of the Management Committee (hereinafter referred to as the "minutes"), which shall record the date, time, and place of the meeting, the matters discussed and resolved, and the full content of each attendee's remarks, and shall disclose a summary of the principal contents of the minutes. |
| (2) | The chairperson shall disclose the minutes 1 year after the date on which the meeting is held; provided, for any agenda item that could impair the fair performance of the Fund's management duties or affect financial market stability, the minutes relating to that item shall be disclosed 4 years after the date of the meeting, following a resolution of the Management Committee. |
| (3) | Notwithstanding paragraph (2), upon request by the competent standing committee of the National Assembly, the chairperson shall submit the minutes on a confidential basis. |
[This Article Added on Mar. 22, 2013]
| Article 103-3 (Establishment and composition of Special Committees of National Pension Fund Management) |
| (1) | To conduct prior expert review and deliberation of the matters under the subparagraphs of Article 103 (1), the Management Committee shall have the following sectoral Special Committees of National Pension Fund Management (hereinafter referred to as the "Special Committees"): |
| 1. | Special Committee on National Pension Fund Investment Policy (hereinafter referred to as the "Special Committee on Investment Policy"); |
| 2. | Special Committee on National Pension Fund Responsible Investment and Governance (hereinafter referred to as the "Special Committee on Responsible Investment and Governance"); |
| 3. | Special Committee on National Pension Fund Risk Management, Performance Evaluation, and Compensation (hereinafter referred to as the "Special Committee on Risk Management, Performance Evaluation, and Compensation"). |
| (2) | The Special Committees shall examine and deliberate on the following matters, among the matters under the subparagraphs of Article 103 (1): |
| 1. | The Special Committee on Investment Policy: The following matters: |
| a. | Matters regarding the Fund Management Plan; |
| b. | Matters regarding the Fund's investment criteria and the management of the Fund; |
| c. | Matters regarding the development or amendment of the Fund's investment policy; |
| d. | Other matters regarding the Fund's investment policy whose examination and deliberation are requested by the chairperson of the Management Committee, the chairperson of the Special Committee on Investment Policy, or at least 1/3 of the incumbent members of the Special Committee on Investment Policy; |
| 2. | The Special Committee on Responsible Investment and Governance: The following matters; |
| a. | Matters regarding the principles, standards, methods, and procedures for exercising shareholders' rights; |
| b. | Matters regarding the delegation of voting rights for equities entrusted to and managed by domestic or foreign asset managers; |
| c. | Matters regarding the consideration of environmental, social, and governance factors, etc. related to the targets of the purchase, sale, or lending of securities under Article 102 (4); |
| d. | Other matters concerning the Fund's fiduciary responsibility whose examination and deliberation are requested by the chairperson of the Management Committee, the chairperson of the Special Committee on Responsible Investment and Governance, or at least 1/3 of the incumbent members of that Special Committee. |
| 3. | The Special Committee on Risk Management, Performance Evaluation, and Compensation: The following matters; |
| a. | Matters regarding risk management in the management of the Fund; |
| b. | Matters regarding compensation based on the Fund's management performance; |
| c. | Matters regarding the review of the status of the Fund's management and policy recommendations based on the results; |
| d. | Other matters regarding risk management and performance-based compensation whose examination and deliberation are requested by the chairperson of the Management Committee, the chairperson of the Special Committee on Risk Management, Performance Evaluation, and Compensation, or at least 1/3 of the incumbent members of that Special Committee. |
| (3) | Upon the request of a Special Committee, the department in charge of the Fund shall submit in advance the materials necessary for the meeting. <Added on Jun. 13, 2023> |
| (4) | Matters necessary for the composition and operation of the Special Committees, etc., shall be prescribed by Presidential Decree. <Amended on Jun. 13, 2023> |
[This Article Added on Jun. 8, 2021]
| Article 104 (National Pension Fund Management Practices Evaluation Committee) |
| (1) | A National Pension Fund Management Practices Evaluation Committee (hereinafter referred to as the "Practices Evaluation Committee") shall be established in the Management Committee to deliberate on and evaluate the following matters relating to the operation of the Fund: |
| 1. | Matters relating to the composition of the Fund's investment assets and the accounting treatment of the Fund; |
| 2. | Matters relating to the measurement of the Fund's investment performance; |
| 3. | Matters requiring improvement in connection with the management and operation of the Fund |
| 4. | Matters that the chairperson of the Practices Evaluation Committee deems necessary, among the agenda items to be submitted to the Management Committee; |
| 5. | Any other matters for which deliberation is requested by the Management Committee. |
| (2) | The Practices Evaluation Committee shall be composed of the Vice Minister of Health and Welfare as the chairperson, a vice chairperson elected from among the members, and the following members appointed by the chairperson: <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| 1. | A State public official of Grade III of the ministry or office to which they belong, or a member in general service of the Senior Executive Service, each nominated by the chairperson under Article 103 (2) and by the ex officio members of the Management Committee (excluding the chief executive officer of the Service); |
| 2. | Three persons recommended by employers' organizations to represent employers; |
| 3. | Three persons recommended by the federation of labor unions to represent employees; |
| 4. | The following persons representing individually insured persons: |
| a. | Two persons recommended by organizations of farmers and fishers; |
| b. | Two persons recommended by organizations representing self-employed persons other than farmers and fishers; |
| c. | Two persons recommended by consumer groups and civic groups; |
| 5. | Two persons of knowledge of and experience in the National Pension and the operation of the National Pension Fund. |
| (3) | Each organization referred to in paragraph (2) 2 through 4 shall recommend members from among the following persons: <Amended on Jul. 21, 2011> |
| 1. | Persons qualified as an attorney-at-law or a certified public accountant; |
| 2. | Persons who majored in social welfare, economics, business administration, or related fields and who have served for at least 3 years in a position of assistant professor or higher at a university or college under the Higher Education Act; |
| 3. | Persons who hold a doctoral degree in social welfare, economics, business administration, or related fields and who have at least 3 years' service at a research institute or a public institution. |
| (4) | Each member shall hold office for a term of 2 years and may be reappointed; provided, the term of the chairperson and that of any member who is a public official shall be the period during which they hold that office. |
| (5) | The departments in charge of the Fund shall, at the request of the Practices Evaluation Committee, submit in advance the materials necessary for the meeting. |
| (6) | The Practices Evaluation Committee shall submit the results of the evaluation relating to the operation of the Fund to the Management Committee by the end of June in the following year. |
| (7) | Matters necessary for the composition, operation, etc. of the Practices Evaluation Committee shall be prescribed by Presidential Decree. |
| Article 105 (Guidelines for operation of the National Pension Fund) |
| (1) | The Management Committee shall formulate guidelines for the management of the National Pension Fund annually (hereinafter referred to as the "Fund Management Guidelines") relating to the following matters, to maximize the rights and interests of insured persons: <Amended on Jan. 28, 2015> |
| 1. | The proportion of the Fund's property to be used for public projects; |
| 2. | The priority order for allocation of the Fund to public projects; |
| 3. | Project expenses for promoting the welfare of insured persons, former insured persons, and persons entitled to benefits; |
| 4. | Project expenses for loan programs to insured persons and former insured persons for the purpose of increasing the Fund; |
| 5. | Items subject to disclosure and methods of disclosure relating to the current status of the management and operation of the Fund under Article 102 (2) through (5). |
| (2) | Matters necessary for the Fund Management Guidelines shall be prescribed by Presidential Decree. |
| Article 106 (Fund receipts and disbursements) |
Matters relating to the procedures for receipts and disbursements in the management and operation of the Fund shall be prescribed by Presidential Decree.
| Article 107 (Fund Management Plan) |
| (1) | The Minister of Health and Welfare shall annually formulate a Fund Management Plan and obtain the approval of the President after deliberation by the Management Committee and the State Council. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | The Government shall report the Fund Management Plan under paragraph (1) to the National Assembly by the end of October in the year preceding the relevant year. |
| (3) | The Minister of Health and Welfare shall submit to the Management Committee the details of the operation of the Fund, and the Minister of Economy and Finance shall submit to the Management Committee the details of the use of the Fund deposited in the Management Fund, by the end of June in the following year, respectively. <Amended on Feb. 29, 2008; Jan. 18, 2010; Oct. 1, 2025> |
| (4) | The chairperson of the Management Committee shall, after deliberation by the Management Committee, submit to the National Assembly the details of the operation and use of the Fund under paragraph (3), and shall disclose them as prescribed by Presidential Decree. |
CHAPTER VII REQUESTS FOR EXAMINATION AND REQUESTS FOR REEXAMINATION
| Article 108 (Requests for examination) |
| (1) | A person who objects to a disposition taken by the Service or the Health Insurance Service relating to qualification for insured status, standard monthly income, pension contributions, or other amounts to be collected and benefits under this Act may file a request for examination with the Service or the Health Insurance Service that rendered the disposition. <Amended on May 21, 2009> |
| (2) | A request for examination under paragraph (1) shall be filed in writing (including an electronic document under Article 2 (7) of the Electronic Government Act) within 90 days after the date on which the person became aware of the disposition, and may not be filed after 180 days have elapsed from the date on which the disposition was rendered; provided, if the person proves good cause for being unable to file the request within that period, a request for examination may be filed even after the period has elapsed. <Amended on May 21, 2009; Feb. 4, 2010> |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for a request for examination shall be prescribed by Presidential Decree. <Added on Jan. 28, 2015> |
| Article 109 (National Pension Examination Committee and Collection Examination Committee) |
| (1) | A National Pension Examination Committee (hereinafter referred to as the "Examination Committee") shall be established in the Service and a Collection Examination Committee shall be established in the Health Insurance Service to examine matters relating to the request for examination under Article 108. <Amended on May 21, 2009> |
| (2) | Matters necessary for the composition and operation of the Examination Committee and the Collection Examination Committee, and for their examinations, etc. shall be prescribed by Presidential Decree. <Amended on May 21, 2009> |
[Title Amended on May 21, 2009]
| Article 110 (Requests for reexamination) |
| (1) | A person who is dissatisfied with a decision on a request for examination under Article 108 may, within 90 days after the date on which they received notice of the decision, file a request for reexamination with the National Pension Reexamination Committee by submitting a written request stating the matters prescribed by Presidential Decree. <Amended on Jan. 28, 2015> |
| (2) | Matters such as the methods and procedures for a request for reexamination under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare. <Added on Jan. 28, 2015> |
| Article 111 (National Pension Reexamination Committee) |
| (1) | A National Pension Reexamination Committee (hereinafter referred to as the "Reexamination Committee") shall be established in the Ministry of Health and Welfare to examine matters relating to requests for reexamination under Article 110. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | A National Pension Reexamination Committee (hereinafter referred to as the "Reexamination Committee") shall be established in the Ministry of Health and Welfare to examine matters relating to requests for reexamination under Article 110. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (3) | Matters necessary for the composition and operation of the Reexamination Committee and for reexamination, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
| Article 112 (Relationship with administrative appeals) |
| (1) | The Administrative Appeals Act shall apply mutatis mutandis to the procedures for reexamination and decisions of the Reexamination Committee. |
| (2) | The reexamination by the Reexamination Committee of matters relating to requests for reexamination under Article 110 shall be deemed to be an administrative appeal under the Administrative Appeals Act for purposes of applying Article 18 of the Administrative Litigation Act. |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 113 (Adjustment for overlapping pension benefits) |
If a person entitled to a disability pension or a survivors' pension becomes eligible to receive any of the following benefits, for the same cause as the cause for payment of that disability pension or survivors' pension under this Act, the amount of the disability pension under Article 68 or the survivors' pension under Article 74 shall be paid at 1/2 of its amount: <Amended on May 20, 2010; Aug. 4, 2011>
| 1. | Compensation for disability under Article 80 of the Labor Standards Act, compensation for survivors under Article 82 of that Act, or a lump-sum compensation under Article 84 of that Act; |
| 2. | Disability benefits under Article 57 of the Industrial Accident Compensation Insurance Act, survivors' benefits under Article 62 of that Act, pneumoconiosis compensation annuities under Article 91-3 of that Act, or pneumoconiosis survivors' annuities under Article 91-4 of that Act; |
| 3. | Compensation for disability under Article 97 of the Seafarers Act, Compensation in lump sum under Article 98 of that Act, or compensation for bereaved family under Article 99 of that Act; |
| 4. | Disability benefits under Article 25 of the Act on Accident Compensation Insurance for Fishers and Fishing Vessels, lump-sum compensation benefits under Article 26 of that Act, or bereaved family benefits under Article 27 of that Act. |
| Article 114 (Rights of subrogation) |
| (1) | If grounds for the payment of a disability pension or survivors' pension arise as a result of an act committed by a third person and the Service has paid such pension, the Service shall be subrogated to the right of the person entitled to benefits to claim damages against the third person, up to the amount of the benefits paid. |
| (2) | If grounds for the payment of a disability pension or survivors' pension arise as a result of an act committed by a third person and the person entitled to benefits has received damages from such third person on such grounds, the Service shall not pay the disability pension or survivors' pension under paragraph (1) to the extent of the amount so received. |
| Article 115 (Period of prescription) |
| (1) | The extinctive prescription for the authority to collect or recover pension contributions, amounts to be recovered, or other amounts to be collected under this Act shall be completed if the authority is not exercised for 3 years; the extinctive prescription for the entitlement of persons entitled to benefits, insured persons, etc. to receive benefits (excluding a lump-sum refund under Article 77 (1) 1) or to be repaid any overpaid or erroneously paid amount shall be completed if the entitlement is not exercised for 5 years; and the extinctive prescription for the right to receive a lump-sum refund under Article 77 (1) 1 shall be completed if the right is not exercised for 10 years. <Amended on May 21, 2009; Oct. 24, 2017> |
| (2) | The period of prescription applicable to entitlement to benefits shall not run during the period in which payment of the entire amount of such benefits is suspended. |
| (3) | A notice of payment of pension contributions or other amounts to be collected under this Act, a demand under Article 57-2 (2) or 95 (1), the payment of benefits, or a request for the refund of any overpaid or erroneously paid amount shall have the effect of interrupting the extinctive prescription. <Amended on May 21, 2009> |
| (4) | The extinctive prescription interrupted under paragraph (3) shall commence anew from the date immediately following the expiration of the payment period specified in the relevant notice of payment or demand. |
| (5) | In calculating the period for payment of benefits or for a request for the refund of any overpaid or erroneously paid amount under paragraph (1), the number of days required for the delivery of relevant documents shall not be included in such period. |
| Article 116 (Special cases concerning extinctive prescription for lump-sum refund) |
| (1) | Notwithstanding Article 115, where a person who has become entitled to a lump-sum refund under Article 77 (1) 3, previous Article 67 (1) 1 (referring to the provision amended by the amended National Welfare Pension Act (Act No. 3902) and repealed by the amended National Pension Act (Act No. 5623)), or previous Article 67 (1) 4 (referring to the provision amended by the amended National Pension Act (Act No. 6027)) falls under Article 77 (1) 1 or 2, such person may be paid a lump-sum refund. |
| (2) | Article 115 (1) shall apply mutatis mutandis to entitlement to a lump-sum refund under paragraph (1). |
| Article 117 (Computation of fractions) |
If there is a fractional amount less than 10 won in calculating benefits, pension contributions, refunds, etc. under this Act, it shall be calculated by applying the Management of the National Funds Act mutatis mutandis.
| Article 118 (Master national pension register) |
| (1) | The Service shall maintain a master national pension register and enter and keep records on the personal details, acquisition and loss of insured status, payment of pension contributions, and status of benefit payments of insured persons, former insured persons, and persons entitled to benefits, and other matters prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; May 21, 2009; Jan. 18, 2010> |
| (2) | The Health Insurance Service shall enter and keep matters prescribed by Decree of the Ministry of Health and Welfare, such as payment of pension contributions and termination of the authority to collect, and shall, without delay, provide the details thereof to the Service. <Added on May 21, 2009; Jan. 18, 2010> |
| Article 119 (Protection of employee's rights and interests) |
An employer shall not, for the purpose of evading an increase in the employer contribution, hinder an employee from becoming an insured person, or without good cause, withhold the employee's promotion or wage increase, dismiss the employee, or treat the employee disadvantageously.
| Article 120 (Medical examinations) |
The Service may, if deemed necessary, require a person entitled to a disability pension or a person subject to the calculation of an additional pension amount for dependents to undergo a medical examination by a doctor designated by the Service, or have its staff verify the status of the disability.
| Article 121 (Reporting on alteration relating to entitlement to benefits) |
| (1) | A person entitled to benefits and a beneficiary shall file a report with the Service on matters relating to the occurrence, alteration, termination, or suspension of entitlement to benefits and the calculation, payment, etc. of benefits, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on May 29, 2016> |
| (2) | If a person entitled to benefits or a beneficiary dies, a person obligated to file a report under Article 85 of the Act on Registration of Family Relations shall report such death to the Service within 1 month from the date on which they become aware of the death; provided, this shall not apply where the death is reported under the Act on Registration of Family Relations within 1 month from the date on which they become aware of the death. <Amended on May 29, 2016> |
[Title Amended on May 29, 2016]
| Article 122 (Examinations and inquiries) |
| (1) | If the Service deems it necessary for determining an insured person's insured status, standard monthly income, pension contributions, or benefits, or for verifying the occurrence, change, termination, or suspension of an entitlement to benefits or of payment of benefits, it may require an employer, an insured person, a former insured person, or a person entitled to benefits to submit necessary documents or other data on income, property, etc., or have its employees visit a workplace or any other necessary place to examine such documents or make necessary inquiries of relevant persons. <Amended on Dec. 29, 2015> |
| (2) | An employee of the Service who makes a visit, conducts examinations or inquiries under paragraph (1) shall carry identification verifying their authority and documents stating matters prescribed by Decree of the Ministry of Health and Welfare, such as the period and scope of the examinations, the person in charge of the examinations and relevant statutes or regulations, and present such documents to relevant persons. <Amended on Dec. 29, 2015> |
| (3) | Except as provided in this Act, the Framework Act on Administrative Investigations shall apply to matters relating to the details, procedures, and methods of examinations or inquiries under paragraph (1). <Added on Dec. 29, 2015> |
| Article 122-2 (Verification survey of beneficiaries) |
| (1) | The Service shall formulate an Annual Survey Plan each year and conduct surveys to determine whether a beneficiary is deceased, divorced, or maintains their livelihood, in order to verify the beneficiary's eligibility and the propriety of benefits for the beneficiary. |
| (2) | The Service shall submit the Annual Survey Plan formulated under paragraph (1) and the results of the surveys to the Minister of Health and Welfare by applying mutatis mutandis Article 41 (1) and (2). |
| (3) | If a beneficiary, their spouse, or any other relevant person refuses, obstructs, or evades a survey conducted under paragraph (1) on at least 2 occasions, the Service may suspend or discontinue the payment of benefits to the beneficiary. In such cases, the Service shall notify the beneficiary in writing, clearly stating the reason therefor. |
| (4) | Matters necessary for determining the scope, method, and timing of surveys under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 31, 2011]
| Article 123 (Requests for data and use of computer networks) |
| (1) | The Minister of Health and Welfare may request the heads of government agencies, local governments, and other institutions, corporations, and organizations prescribed by Presidential Decree to provide data prescribed by Presidential Decree, which are necessary to verify whether pension contributions under Article 100-3 (1) or 100-4 (1) are subsidized. In such cases, the heads of government agencies, local governments, institutions, corporations, or organizations shall provide the requested data unless there is a compelling reason not to do so. <Added on May 29, 2016; Jan. 21, 2020> |
| (2) | The Service may request the heads of government agencies, local governments, and other institutions, corporations, and organizations prescribed by Presidential Decree to provide data prescribed by Presidential Decree, such as resident registration, family relationship registration, national and local taxes, land, buildings, health insurance, and registration of persons with disabilities, which are necessary for the operations of the National Pension, such as the management of the eligibility of insured persons, the imposition of pension contributions, and the determination and payment of benefits. In such cases, the heads of government agencies, local governments, institutions, corporations, or organizations shall provide the requested data unless there is a compelling reason not to do so. <Amended on Jan. 28, 2015; May 29, 2016> |
| (3) | If necessary for the examination of payment of the additional pension for dependents, the disability pension, or the survivors' pension, the Service may, as prescribed by Decree of the Ministry of Health and Welfare, request a medical institution under the Medical Service Act to allow it to peruse or issue a copy of matters relating to the relevant medical treatment of a person who is or was insured under the National Pension, with their consent (including a person who is a relative under Article 21 (3) 3 of the Medical Service Act, where such person is deceased). In such cases, the medical institution that receives such request shall comply with the request unless there is a compelling reason not to do so. <Added on Dec. 31, 2011; May 29, 2016; Dec. 20, 2016> |
| (4) | To verify the data under paragraphs (1) and (2), the Minister of Health and Welfare and the Service may link and use the information system under Article 6-2 (2) of the Social Welfare Program Act. <Added on Jan. 28, 2015; May 29, 2016> |
| (5) | Data provided to the Minister of Health and Welfare and the Service under paragraphs (1), (2), and (4) shall be exempt from fees, charges, etc. <Amended on Dec. 31, 2011; Jan. 28, 2015; May 29, 2016> |
[Title Amended on Jan. 28, 2015]
| Article 123-2 (Sharing of computerized information on family relationship registration) |
| (1) | The Service may, under the Electronic Government Act, share computerized information data under Article 9 (1) of the Act on Registration of Family Relations (including processing defined in subparagraph 2 of Article 2 of the Personal Information Protection Act) in order to conduct the operations of the National Pension, such as the management of the eligibility of insured persons, the imposition of pension contributions, and the determination and payment of benefits. |
| (2) | No person shall use computerized information data shared under paragraph (1) for any purpose other than its intended purpose. |
[This Article Added on Jan. 21, 2020]
| Article 124 (Confidentiality) |
Any current or former person engaged in the affairs of the Service shall not divulge any confidential information learned in the course of performing their duties.
| Article 125 (Notification of data on underreported or evaded income) |
| (1) | If the Service finds that the matters reported under Article 21 regarding a monthly income, etc. are underreported or evaded, it may report such finding to the Minister of Health and Welfare and, after preparing the data on suspected underreporting or evasion in writing, notify the Commissioner of the National Tax Service. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | If the Commissioner of the National Tax Service, having received the statement under paragraph (1), conducts a tax investigation under the Framework Act on National Taxes and other relevant statutes, they shall notify the Service of the matters relating to income contained in the results of such investigation. |
| (3) | Procedures for notification under paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 126 (Application to foreigners) |
| (1) | Notwithstanding Article 6, a foreigner who is employed at a workplace subject to this Act or who resides in the Republic of Korea, other than a person prescribed by Presidential Decree, shall be a workplace-based insured person or an individually insured person; provided, this shall not apply if the law of the foreigner's home country relating to a pension corresponding to the National Pension does not apply to nationals of the Republic of Korea. <Amended on Jan. 28, 2015> |
| (2) | To apply Article 67 (1) 1 to a foreigner who is or was insured under the National Pension under the main clause of paragraph (1) (hereinafter referred to as "foreign insured persons, etc."), the date of the first medical examination of their disease or injury shall fall within the period during which they reside in the Republic of Korea. Articles 67 (excluding Article 67 (3) 2) through Article 71 shall apply mutatis mutandis to matters relating to the occurrence, suspension, and termination of the entitlement of foreign insured persons, etc. to the disability pension, the payment of the disability pension, etc. <Added on May 29, 2016> |
| (3) | Article 72 (2) 2 shall not apply where a foreign insured person, etc. dies while residing in the Republic of Korea. Articles 72 through Article 76 shall apply mutatis mutandis to matters relating to the occurrence, suspension, and termination of the entitlement of foreign insured persons, etc. to the survivors' pension, the payment of the survivors' pension, etc. <Added on May 29, 2016> |
| (4) | Articles 77 through 79 shall not apply to foreign insured persons, etc.; provided, this shall not apply to any of the following foreigners: <Amended on Jan. 28, 2015; May 29, 2016> |
| 1. | A foreigner where, under the law of their home country, a national of the Republic of Korea fails to acquire entitlement to benefits (referring to benefits corresponding to those under subparagraphs 1 through 3 of Article 49) and falls under any subparagraph of Article 77 (1), and where such law provides that a certain amount (referring to an amount calculated based on pension contributions paid during the period of coverage) shall be paid to such national in a lump sum; |
| 2. | A foreign worker under the Act on the Employment of Foreign Workers who is employed at a workplace subject to this Act; |
| 3. | A person who is employed at a workplace subject to this Act, who has a status of stay permitting them to engage in industrial training activities under Article 10 of the Immigration Act, and who has not left the designated place of training during the required training period. |
| (5) | Methods, procedures, etc. for reporting the acquisition of insured status by foreign insured persons, etc. shall be prescribed by Decree of the Ministry of Health and Welfare. <Added on Jan. 28, 2015; May 29, 2016> |
| Article 127 (Social security agreements with foreign countries) |
If the Republic of Korea has concluded a social security agreement with a foreign country, and notwithstanding this Act, matters relating to coverage under the National Pension, payment of pension contributions, eligibility for benefits, calculation of benefit amounts, payment of benefits, etc. shall be governed by that agreement.
CHAPTER IX PENALTY PROVISIONS
| Article 128 (Penalty provisions) |
| (1) | A person who receives benefits by fraud or other improper means shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won. <Amended on Jan. 28, 2015> |
| (2) | A person who, in violation of Article 123-2 (2), uses or otherwise exploits computerized information data for any purpose other than the purpose under Article 123-2 (1) shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 10 million won. <Added on Jan. 21, 2020> |
| (3) | A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won: <Amended on May 21, 2009; Jan. 28, 2015; Jan. 21, 2020> |
| 1. | An employer who requires a workplace-based insured person to bear all or part of the employer contribution under Article 88 (3), or who, when deducting the employee contribution from wages under Article 90 (1), deducts from the employee's wage an amount exceeding the employee contribution; |
| 2. | An employer who fails to pay pension contributions by the payment deadline under Article 95 (2) without good cause; |
| 3. | An employer who, in violation of Article 119, hinders an employee from becoming an insured person, or, for the purpose of evading an increase in employer contributions, withholds an employee's promotion or wage increase without good cause, or lays off the employee, or gives the employee other disadvantageous treatment; |
| 4. | A person who, in violation of Article 124, divulges any confidential information learned in the course of performing their duties. |
| Article 129 Deleted. <Dec. 31, 2011> |
| Article 130 (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 commits any violations under Article 128 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine under that Article in addition to punishing the violators accordingly; provided, this shall not apply where such corporation or individual has exercised due care and supervision with respect to the relevant affairs to prevent such violation. <Amended on Dec. 31, 2011>
[This Article Wholly Amended on Jun. 7, 2011]
| Article 131 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 500,000 won: <Added on Dec. 31, 2011> |
| 1. | An employer who, in violation of Article 21 (1), fails to file a report or files a false report; |
| 2. | An employer who, under Article 122, when the Service or its employee requires the submission of documents or other data, conducts examinations or inquiries, refuses, evades, or obstructs such requirement, examinations, or inquiries, or refuses to answer or gives a false answer. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 100,000 won: <Amended on Dec. 31, 2011> |
| 1. | A person who fails to file a report under Article 21 (2) or Article 121 (1) or (2); |
| 2. | A person who fails to give notice under Article 23 (2); |
| 3. | An insured person, a former insured person, or a person entitled to benefits who, under Article 122, when the Service or its employee requires the submission of documents or other data on income, property, etc., or conducts examinations or inquiries, refuses, evades, or obstructs such requirement, examinations, or inquiries, or refuses to answer or gives a false answer. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree. <Added on Dec. 31, 2011> |
| Article 132 Deleted. <Dec. 31, 2011> |
ADDENDA <Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Article 3 (1) 3 and 5, subparagraph 5 of Article 9, Articles 17 (1), 18, 19, 51 (1), 57 (4), 58 (2), 77 (2), the latter part of Article 80 (1), and Article 91 (1) 6 shall enter into force on January 1, 2008.
Article 2 (Special cases concerning old-age pension)
| (1) | Notwithstanding the amended provisions of Article 61, where the period of coverage of a person who, as of January 1, 1988, is at least 45 but under 60 years of age (at least 40 but under 55 years of age in the case of a special-occupation employee) is 5 years or more, a specified amount of pension shall be paid. |
| (2) | The amount of pension under paragraph (1) shall be the sum of an amount equivalent to 250/1,000 of the basic pension amount and the amount of the additional pension for dependents; provided, where the period of coverage exceeds 5 years, an amount equivalent to 50/1,000 of the basic pension amount shall be added for each additional year (for a period of less than 1 year, each month shall be counted as 1/12 of a year). |
Article 3 (Applicability to pension contributions)
| (1) | Notwithstanding Article 75 (2) of the partially amended National Welfare Pension Act (Act No. 3902), the pension contributions of a workplace-based insured person shall be as follows until 1997: |
| 1. | The employee contribution and the employer contribution shall each be an amount equivalent to 15/1,000 of the standard monthly income from 1988 through 1992, and 20/1,000 of the standard monthly income from 1993 through 1997; |
| 2. | The retirement allowance conversion amount shall be 0 from 1988 through 1992, and 20/1,000 of the standard monthly income from 1993 through 1997. |
| (2) | Notwithstanding Article 75 (3) of the partially amended National Welfare Pension Act (Act No. 3902), the pension contributions of a voluntarily insured person and a voluntarily and continuously insured person shall be 30/1,000 of the standard monthly income from 1988 through 1992, and 60/1,000 of the standard monthly income from 1993 through 1997. |
Article 4 (Applicability to persons entitled to disability pension)
The provisions of Article 58 (1) and (2) of the partially amended National Pension Act (Act No. 4110) shall also apply to persons who became disabled due to an injury that occurred between January 1, 1988 and March 31, 1989, which is the enforcement date of that Act.
Article 5 (Special cases concerning coverage of farmers and fishers)
A person who, as of July 1, 1995, which is the enforcement date of the partially amended National Pension Act (Act No. 4909), is a farmer or fisher and is at least 60 but under 65 years of age may, notwithstanding Article 6 of that Act, become an individually insured person under Article 10 of that Act until they reach 70 years of age if they file an application with the Service, as prescribed by Decree of the Ministry of Health and Welfare, by December 31, 1995.
Article 6 (Special cases concerning old-age pension for individually insured persons)
| (1) | Notwithstanding the amended provisions of Article 61, if the period of coverage of an individually insured person under Article 10 of that Act or an individually insured person under Article 3 of the Addenda to that Act who, as of July 1, 1995, the enforcement date of the partially amended National Pension Act (Act No. 4909), is at least 45 but under 60 years of age, is 5 years or more, a specified amount of pension shall be paid. |
| (2) | The amount of pension under paragraph (1) shall be the sum of an amount equivalent to 250/1,000 of the basic pension amount and the amount of the additional pension for dependents; provided, where the period of coverage exceeds 5 years, an amount equivalent to 50/1,000 of the basic pension amount shall be added for each additional year (for a period of less than 1 year, each month shall be counted as 1/12 of a year). |
Article 7 (Pension contribution subsidy for farmers and fishers)
Notwithstanding the amended provisions of Article 88 (4), a farmer or fisher who is an individually insured person, and a farmer or fisher who, having been an individually insured person, has become a voluntarily and continuously insured person, shall be subsidized from the Special Account for the Structural Improvement of Agricultural and Fishing Villages, as prescribed by Presidential Decree, up to 50 percent of the pension contribution payable by them until December 31, 2031. <Amended on Dec. 31, 2011; Jan. 14, 2014; Jan. 21, 2020; Sep. 20, 2024>
Article 8 (Applicability to benefit commencement ages)
With respect to the benefit commencement ages prescribed in the amended provisions of Article 48 (1) 3, Article 56 (1), Articles 56 (2) through (4), each subparagraph of Article 57 (3) and each subparagraph of Article 57 (4), each subparagraph of Article 57-2 (1), Article 58 (2), the provisos of Article 63 (1) 3 and 5, Article 67 (1) 1, the proviso of Article 67 (2), and Article 93-2 of the partially amended National Pension Act (Act No. 5623), and, in the amended provisions of Article 66 of this Act and the main clause of Article 76 (1), notwithstanding the respective provisions on the benefit commencement age therein, an age increased by 1 year shall apply to persons born from 1953 through 1956; by 2 years to those born from 1957 through 1960; by 3 years to those born from 1961 through 1964; by 4 years to those born from 1965 through 1968; and by 5 years to those born in 1969 or later. <Amended on Dec. 31, 2011, Jan. 28, 2015>
Article 8-2 (Special cases concerning payment of disability pension and survivors' pension)
A disease or injury that occurs from the day following the date on which an insured person reaches the age under the amended provisions of Article 12 (1) 4, (2) 6, or (3) 4 to the date on which they reach the benefit commence age under Article 8 of the Addenda shall be deemed to have arisen while insured under the amended provisions of Article 67 (1) and Article 72 (1); and where an insured person dies during the same period, such death shall be deemed the death of an insured person under the amended provisions of Article 72 (1).
Article 8-3 (Special cases concerning commencement ages for lump-sum refunds)
| (1) | Notwithstanding Article 8 of the Addenda, an insured person or a former insured person whose period of coverage is less than 10 years may receive a lump-sum refund upon reaching 60 years of age. |
| (2) | Paragraph (1) shall also apply to a person who receives a lump-sum refund under the amended provisions of Article 116. |
Article 9 (Special cases concerning old-age pension)
| (1) | Notwithstanding the amended provisions of Article 61, for a person who, as of April 1, 1999, is at least 50 but under 60 years of age and falls under any of the following subparagraphs, a specified amount of pension shall be paid from the date specified in the relevant subparagraph: |
| 1. | A person whose period of coverage becomes at least 5 years but less than 10 years before they reach 60 years of age: The date on which they reach 60 years of age; |
| 2. | A person whose period of coverage becomes at least 5 years after they reach 60 years of age: The date on which they lose insured status. |
| (2) | The amount of the special old-age pension under paragraph (1) shall be the sum of an amount equivalent to 250/1,000 of the basic pension amount and the amount of the additional pension for dependents; provided, where the period of coverage exceeds 5 years, an amount equivalent to 50/1,000 of the basic pension amount shall be added for each additional year (for a period of less than 1 year, each month shall be counted as 1/12 of a year). |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis where a person who has become an individually insured person under Article 14 of the Addenda to the partially amended National Pension Act (Act No. 5623) has a period of coverage of at least 5 years and loses insured status. |
Article 10 (Special cases concerning coverage of the aged)
If a person who, as of April 1, 1999, is at least 60 but under 65 years of age files an application with the Service by March 31, 2000, as prescribed by Decree of the Ministry of Health and Welfare, they may become an individually insured person under the amended provisions of Article 9, notwithstanding Articles 6 and 10 of that Act.
Article 11 (Special cases concerning payment of lump-sum refund)
| (1) | If, as at the time of enforcement of the partially amended National Pension Act (Act No. 5623) (hereafter in this paragraph referred to as "that Act"), a person received a lump-sum refund under previous Article 67 (1) 1, or received a lump-sum refund under Article 16 (1) of the Addenda to that Act, and reacquires insured status, they may, notwithstanding Article 68 (1) of that Act, pay the amount to be returned. <Amended on Dec. 31, 2011> |
| (2) | If a person entitled to a retirement pension, etc. before April 1, 1999 loses insured status as a workplace-based insured person or an individually insured person, they may receive a lump-sum refund, notwithstanding Article 67 (1) 1 of that Act. |
| (3) | If a person who received a lump-sum refund under previous Article 67 (1) 4 as at the time this Act enters into force reacquires insured status, they may, notwithstanding the amended provisions of Article 78 (1), pay the amount to be returned; provided, any period included in the period of service under the Pension for Private School Teachers and Staff Act shall be excluded. <Added on Dec. 31, 2011> |
Article 12 (Applicability to pension contributions)
| (1) | Notwithstanding Article 4 (1) and Article 75 (3) of the partially amended National Pension Act (Act No. 5623), the pension contributions of an individually insured person under Article 10 of that Act, a voluntarily insured person under Article 10-2 of that Act, an individually insured person under Article 10 of the Addenda to that Act, and a voluntarily and continuously insured person who is not employed at a workplace subject to this Act shall be 30/1,000 of the standard monthly income from April 1999 through June 2000; 40/1,000 from July 2000 through June 2001; 50/1,000 from July 2001 through June 2002; 60/1,000 from July 2002 through June 2003; 70/1,000 from July 2003 through June 2004; and 80/1,000 from July 2004 through June 2005. |
| (2) | Employee contributions and employer contributions under Article 75 (2) of that Act, and pension contributions under Article 75 (3) of that Act, shall not be adjusted until 2009, notwithstanding the amended provisions of Article 4 (1). |
Article 13 (Special cases concerning applicability to payment of lump-sum refund)
A person who, before September 7, 1999, the enforcement date of the partially amended National Pension Act (Act No. 6027), falls under Article 67 (1) 3 or 4 of that Act may receive a lump-sum refund.
Article 14 (Special cases concerning payment of lump-sum refund to individually insured persons and voluntarily insured persons)
A person who has received a lump-sum refund under Article 3 (1) of the Addenda to the partially amended National Pension Act (Act No. 6027) may, notwithstanding Article 68 (1) of that Act, pay the amount to be returned to the Service.
Article 15 (Special cases concerning payment of lump-sum refund to persons who have been lent livelihood stabilization funds)
With respect to a claim for, and payment of, a lump-sum refund and the amount to be returned under Article 2 (1) of the Addenda to the partially amended National Pension Act (Act No. 6164), Articles 67 (2) and (3) and 68 of that Act shall apply mutatis mutandis, respectively; in calculating the lump-sum refund to be paid, the period of coverage and pension contributions shall be included in consecutive order from the earliest period of coverage; and, in calculating the interest to be added, the interest period shall be the number of months from the month following the month in which insured status was lost before the loan was made through the month in which the claim for a lump-sum refund is filed.
Article 16 (Applicability to payment of additional pension for dependents)
With respect to a person who acquired entitlement to benefits before December 23, 2000, the provisions of Article 48 (1) of the partially amended National Pension Act (Act No. 6286) shall apply to the portion of the amount of the additional pension for dependents paid after December 23, 2000, which is the enforcement date of that Act.
Article 17 (Applicability to period for payment of pensions)
Article 50 (1) of the partially amended National Pension Act (Act No. 6286) shall apply to a person who files an application, after December 23, 2000, which is the enforcement date of that Act, for payment of the amount to be returned or for payment of deferred pension contributions for past periods.
Article 18 (Applicability to benefit commencement ages)
With respect to the benefit commencement ages under Article 58 (3) of the partially amended National Pension Act (Act No. 6286), notwithstanding the provision on the commencement ages, an age increased by 1 year shall apply to persons born from 1953 through 1956, by 2 years to those born from 1957 through 1960, by 3 years to those born from 1961 through 1964, by 4 years to those born from 1965 through 1968, and by 5 years to those born in 1969 or later. <Amended on Dec. 31, 2011>
Article 19 (Applicability to additional inclusion of periods of coverage)
The amended provisions of Article 18 shall begin to apply to persons who first perform military service under the Military Service Act after January 1, 2008; the amended provisions of Article 19 shall apply only to cases where a child is born after January 1, 2008; provided, where a person has a child born before December 31, 2007, an additional inclusion period shall be credited according to the classifications in the following subparagraphs:
| 1. | Where 1 child was born before December 31, 2007: The amended provisions of Article 19 shall apply based on the total number of children, counting together the children born on or after January 1, 2008 and the child born before December 31, 2007; |
| 2. | Where 2 or more children were born before December 31, 2007: Eighteen months shall be added for each child born on or after January 1, 2008, but the added period shall not exceed 50 months. |
Article 20 (Applicability to calculation of basic pension amount)
For each year from 2008 through 2025, the basic pension amount under the main clause of Article 51 (1) shall be the amount calculated by multiplying the sum of the amounts under each subparagraph of Article 51 (1) by the rate applicable to each year, as set forth in the following subparagraphs, notwithstanding the amended provisions of Article 51 (1): <Amended on Apr. 2, 2025>
| 19. | Deleted; <Apr. 2, 2025> |
| 20. | Deleted. <Apr. 2, 2025> |
Article 21 (Applicability to benefit commencement ages)
With respect to the ages of eligibility for benefits under the amended provisions of Article 70 (3), notwithstanding the provision on the commencement ages, an age increased by 1 year shall apply to persons born from 1953 through 1956, by 2 years to those born from 1957 through 1960, by 3 years to those born from 1961 through 1964, by 4 years to those born from 1965 through 1968, and by 5 years to those born in 1969 or later. <Amended on Dec. 31, 2011>
Article 22 (Transitional measures concerning status of former individually insured persons)
Among persons who were individually insured as at the time of enforcement of the partially amended National Pension Act (Act No. 4909), those other than persons who became individually insured under Article 10 of that Act shall be deemed to have become voluntarily insured under Article 10-2 of that Act.
Article 23 (Retroactive application of payment of lump-sum refund to foreigners who have returned to their home countries)
The amended provisions of Article 126 (2) 2 and 3 shall also apply to foreigners who returned to their home countries before May 11, 2007, which is the enforcement date of the partially amended National Pension Act (Act No. 8426), and to foreigners who fell under any subparagraph of the amended provisions of Article 77 (1).
Article 24 (Transitional measures concerning workplace-based foreign insured persons)
The provisions of Articles 67 through 69 of the partially amended National Pension Act (Act No. 4971) shall apply, notwithstanding Article 102 (2) of that Act, to a foreigner who, under the previous provisions, became a workplace-based insured person upon their own application before August 4, 1995, which is the enforcement date of that Act, in respect of the period of coverage prior to its enforcement.
Article 25 (Transitional measures concerning persons excluded from workplace-based or individually insured status)
| (1) | A person who, under the provisions in force before the enforcement of the partially amended National Pension Act (Act No. 5623), was a workplace-based insured person or an individually insured person, but is excluded from coverage under the proviso of Article 8 (1), the former part of Article 8 (2), or Article 10 of that Act, shall be deemed a workplace-based insured person or an individually insured person under those provisions. |
| (2) | If a workplace-based insured person or an individually insured person under paragraph (1) wishes to waive insured status, they may withdraw from coverage by filing an application with the Service, as prescribed by Decree of the Ministry of Health and Welfare, notwithstanding the grounds for loss of insured status under Article 12 (1) and (2) of the amended National Pension Act (Act No. 5623). |
Article 26 (Transitional measures concerning computation of period of coverage of workplace-based insured persons)
With respect to periods of arrears that arose before April 1, 1999, the previous provisions shall apply, notwithstanding the proviso of Article 17 (2) and Article 17 (3) of the partially amended National Pension Act (Act No. 5623).
Article 27 (Transitional measures concerning payment of benefits)
| (1) | With respect to payments of benefits for which the cause for payment arose before January 1, 1999, which is the enforcement date of the partially amended National Pension Act (Act No. 5623), the previous provisions shall apply. |
| (2) | With respect to the calculation of the portion of the basic pension amount corresponding to periods of coverage prior to January 1, 1999, which is the enforcement date of the amended National Pension Act (Act No. 5623), the previous provisions shall apply, notwithstanding Article 47 of that Act. |
Article 28 (Transitional measures concerning recovery of unjust enrichment)
With respect to the recovery of unjust enrichment, etc. arising from causes that occurred before the enforcement of the partially amended National Pension Act (Act No. 5623), the previous provisions shall apply, notwithstanding Article 53 (1) of that Act.
Article 29 (Transitional measures concerning divided pension)
With respect to a person for whom the cause for payment of a divided pension under Article 57-2 (1) of that Act arose before that Act entered into force, Articles 57-2 and 57-3 of the partially amended National Pension Act (Act No. 5623) shall apply, starting with the portion of the old-age pension paid after January 1, 1999, which is the enforcement date of that Act.
Article 30 (Transitional measures concerning pension contributions of former individually insured persons)
For the period from January 1 through March 31, 1999, the pension contributions of a person who has the status of an individually insured person (including a person who, being an individually insured person, became a voluntarily and continuously insured person) under the provisions in force prior to amendment by the partially amended National Pension Act (Act No. 5623) shall be governed by the previous provisions.
Article 31 (Transitional measures concerning payment of pension)
The pensions for the month that includes the enforcement date of the partially amended National Pension Act (Act No. 6286) and for the immediately preceding month shall be paid on the last day of the month that includes the enforcement date of that Act.
Article 32 (Transitional measures concerning beneficiaries under the National Basic Living Security Act)
A beneficiary under the National Basic Living Security Act who, as at the time of enforcement of the partially amended National Pension Act (Act No. 6286), maintains the status of a workplace-based insured person or an individually insured person under the previous provisions shall, notwithstanding Article 8 (1) and Article 10 subparagraph 4 of that Act, be deemed a workplace-based insured person or an individually insured person under Article 8 or Article 10 of that Act.
Article 33 (Transitional measures concerning payment of benefits)
| (1) | With respect to payments of benefits for which the cause for payment arose before the enforcement of the partially amended National Pension Act (Act No. 6286), the previous provisions shall apply. |
| (2) | After the enforcement of the amended National Pension Act (Act No. 6286), where the amount calculated under Article 47 (1) 1 of that Act is less than 1,271,595 won, that amount shall, notwithstanding that subparagraph, be deemed to be 1,271,595 won. |
Article 34 (Transitional measures concerning payment of benefits)
| (1) | With respect to the payment of benefits, grounds for the payment of which arose before this Act enters into force, the previous provisions shall apply. |
| (2) | With respect to the calculation of the basic pension amount for the portion corresponding to the period of coverage before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 51. |
| (3) | Notwithstanding the amended provisions of Article 51 (1), the basic pension amount under the main clause of Article 51 (1) for the portion of the period of coverage for each year from 2008 through 2025 shall be the amount obtained by multiplying the sum of the amounts under each subparagraph of Article 51 (1) by the rate applicable to each year set forth in the subparagraphs of Article 20 of the Addenda. <Amended on Apr. 2, 2025> |
Article 35 (Transitional measures concerning suspension of payment of early old-age pensions)
The amended provisions of Article 66 (2) shall also apply to any person who acquired entitlement to an early old-age pension before this Act enters into force and whose payment of the early old-age pension is suspended because they are engaged in income-earning activities as at the time this Act enters into force or thereafter; provided, the period during which payment of benefits was suspended because the person engaged in income-earning activities before this Act enters into force shall be included in the previously paid period under the amended provisions of Article 66 (2) 1, and if the percentage calculated under that subparagraph is smaller than the percentage under the previous provisions, the previous percentage shall apply.
Article 36 (Transitional measures concerning persons entitled to disability pension)
| (1) | Notwithstanding the amended provisions of Article 67 (1), the previous provisions shall apply to any person who was recognized as completely cured before this Act enters into force or for whom 2 years have elapsed since the date of the first medical examination. |
| (2) | With respect to any person whose date of the first medical examination precedes the date this Act enters into force, where application of the amended provisions of Article 67 (2) is disadvantageous to the insured person compared with the previous provisions, the previous provisions shall apply. |
| (3) | Notwithstanding the amended provisions of Article 85, the previous provisions shall apply to any person whose date of the first medical examination precedes the date this Act enters into force. |
Article 37 (Transitional measures concerning protection of entitlements to benefits)
| (1) | The repeal of Articles 57-2 (3) and 93-2 of the partially amended National Pension Act (Act No. 8426) shall also apply to persons who acquired entitlement to benefits before the date this Act enters into force. |
| (2) | The amended provisions of Articles 52 (1), 56, 58 (2), 62, 63 (2) and (3), 65 (2) and (4), 70 (3), and 81 shall also apply to persons who acquired entitlement to benefits before the date this Act enters into force. |
Article 38 (Transitional measures concerning persons obligated to file report on the death of insured persons)
A person obligated to file a report under the amended provisions of Article 121 (2) shall, notwithstanding that paragraph, be deemed a person obligated to file a report under Article 88 of the Family Register Act until December 31, 2007.
Article 39 (Transitional measures concerning application for coverage and verification of insured status)
Any verification or other act by the Service under the previous provisions, and any report, application, or other act directed to the Service under the previous provisions, as at the time this Act enters into force, shall be deemed the corresponding act by or directed to the Service under the relevant provisions of this Act.
Article 40 (General transitional measures concerning dispositions)
Any act by an administrative agency or directed to an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed the corresponding act by or directed to the administrative agency under the relevant provisions of this Act.
Article 41 (Transitional measures concerning penalty provisions or administrative fines)
The previous provisions shall apply to the application of penalty provisions and the imposition of administrative fines for acts committed before this Act enters into force.
Article 42 Omitted.
ADDENDA <Act No. 8635, Aug. 3, 2007>
Article 1 (Enforcement date)
This Act shall enter into force 1 year and 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 44 Omitted.
ADDENDA <Act No. 8728, Dec. 21, 2007>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, that the amendments to the Acts to be amended under Article 6 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 on the enforcement date of the relevant Act.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 9385, Jan. 30, 2009>
This Act shall enter into force 3 months after the date of its promulgation.
ADDENDA <Act No. 9431, Feb. 6, 2009>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9691, May 21, 2009>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2011.
Article 2 (Applicability concerning service of documents)
The amended provisions of Articles 88-2 (3), 95 (3), and 96 shall begin to apply to notices or demands made by the Health Insurance Service after this Act enters into force.
Article 3 (Transitional measures concerning notice, demand, and disposition for arrears of pension contributions and other amounts to be collected under this Act)
Any acts relating to notice, demand, or disposition for arrears related to pension contributions, or other amounts to be collected under this Act, performed by the Service under the previous provisions as at the time this Act enters into force, shall be deemed acts performed by the Service or the Health Insurance Service under the amended provisions of Articles 57-2, 88-2, and 95.
Article 4 (Transitional measures concerning requests for examination)
Notwithstanding the amended provisions of Article 108 (1) and (2), the previous provisions shall apply to requests for examination made to the Service with respect to pension contributions and related amounts to be collected before this Act enters into force.
Article 5 (Transitional measures concerning disposition)
Acts by or directed to the Service relating to the collection of pension contributions, arrears and additional charges according to the previous provisions before this Act enters into force shall be deemed to be acts by or directed to the Service.
ADDENDA <Act No. 9754, Jun. 9, 2009>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement date)
This Act shall enter into force 2 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation; provided, Article 5 (5) of the Addenda shall enter into force on January 1, 2011.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10305, May 20, 2010>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement date)
This Act shall enter into force 1 month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10682, May 19, 2011>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10783, Jun. 7, 2011>
| (1) | (Enforcement date) This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 8 (1) and (3), 16, 17 (1), 17-2, 88 (5), and 100-2 shall enter into force 6 months after the date of promulgation. |
| (2) | (Applicability to exclusion from calculation of the amount of additional pension for dependents) The amended provisions of Article 52 (3) shall begin to apply to those who acquire entitlement to pension after this Act enters into force. |
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, ... <omitted> ... Article 3 of the Addenda shall enter into force 1 year after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 11024, Aug. 4, 2011>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 11143, Dec. 31, 2011>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Articles 129 through 132 shall enter into force on the date of its promulgation; the amended provisions of Articles 54 (2), 73, and 75 shall enter into force 3 months after the date of its promulgation; the amended provisions of Articles 100-3 and 100-4 shall enter into force on July 1, 2012; and the amended provisions of Articles 8, 18, and 21 of the Addenda to the wholly amended National Pension Act (Act No. 8541) shall enter into force on January 1, 2013.
Article 2 (Applicability to period and timing of pension payments)
| (1) | The amended provisions of Article 54 (1) shall begin to apply to payments of pension contributions in arrears made after this Act enters into force. |
| (2) | The amended provisions of Article 54 (2) shall begin to apply from the month immediately following the month in which this Act enters into force. |
Article 3 (Applicability to persons entitled to claim unpaid benefits and exclusion period)
The amended provisions of Article 55 (1) and (3) shall begin to apply to unpaid benefits that arise after this Act enters into force.
Article 4 (Applicability to recovery of benefits)
| (1) | The addition of interest under the amended provisions of Article 57 (2) shall begin to apply to cases where a reason for recovery arises after this Act enters into force. |
| (2) | The addition of late-payment interest under the amended provisions of Article 57 (3) shall begin to apply to amounts to be recovered that remain unpaid as of the date this Act enters into force and for which the deadline has expired; provided, the Service shall newly issue a demand for payment for such amounts, including matters relating to the addition of late-payment interest. |
Article 5 (Applicability to persons entitled to claim lump-sum death payment)
The amended provisions of Article 80 (1) shall begin to apply to lump-sum death payments that arise after this Act enters into force.
Article 6 (Special cases concerning age for deferment of payment of pension benefits)
With respect to the age for deferment of payment of pension benefits under the amended provisions of Article 62 (1), notwithstanding the provisions governing that age, the age shall be increased by 1 year for persons born from 1953 through 1956, by 2 years for persons born from 1957 through 1960, by 3 years for persons born from 1961 through 1964, by 4 years for persons born from 1965 through 1968, and by 5 years for persons born in 1969 or later.
Article 7 (Special cases concerning pension contribution subsidy for farmers and fishers)
Notwithstanding Article 88 (4), a farmer or fisher who has become a voluntarily and continuously insured person from a workplace-based insured person or a voluntarily insured person (excluding employees or employers of workplaces subject to mandatory coverage and persons falling under any subparagraph of Article 9) shall be subsidized, from the Special Account for the Structural Improvement of Agricultural and Fishing Villages, for up to 50 percent of the pension contribution that the person shall bear, as prescribed by Presidential Decree, until December 31, 2031. <Amended on Jan. 14, 2014; Sep. 20, 2024>
Article 8 (Transitional measures concerning penalty provisions)
The previous provisions shall apply to the application of penalty provisions for acts committed before the amended provisions of Articles 129 through 132 enter into force.
Article 9 (Transitional measures concerning method of describing benefit commencement ages)
Notwithstanding the amended provisions of Articles 8, 18, and 21 of the Addenda to the wholly amended National Pension Act (Act No. 8541), the previous provisions shall apply to persons who acquired entitlement to benefits before this Act enters into force.
ADDENDUM <Act No. 11511, Oct. 22, 2012>
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Articles 8-2 and 8-3 of the Addenda to the wholly amended National Pension Act (Act No. 8541) shall enter into force on January 1, 2013.
ADDENDA <Act No. 11599, Dec. 18, 2012>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11644, Mar. 22, 2013>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to disclosure of minutes of Management Committee meetings)
The amended provisions of Article 103-2 (2) shall apply to the minutes of meetings of the Management Committee held after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11974, Jul. 30, 2013>
This Act shall enter into force 1 year after the date of its promulgation.
ADDENDUM <Act No. 12242, Jan. 14, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13100, Jan. 28, 2015>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Article 19-2 shall enter into force on July 1, 2015, and the amended provisions of Article 90-2 shall enter into force 3 months after the date of the promulgation.
Article 2 (Applicability to payment of old-age pensions based on income-earning activities)
The amended provisions of Article 63-2 shall begin to apply to persons who acquire entitlement to an old-age pension after this Act enters into force.
Article 3 (Applicability to payment methods of pension contributions)
The amended provisions of Article 90-2 shall begin to apply to pension contributions, etc. payment of which is notified, after those provisions enter into force.
Article 4 (Special cases concerning benefit commencement ages)
With respect to the benefit commencement ages under the amended provisions of Article 62 (2) and (4), notwithstanding the provisions governing that age, the age shall be increased by 1 year for persons born from 1953 through 1956, by 2 years for persons born from 1957 through 1960, by 3 years for persons born from 1961 through 1964, by 4 years for persons born from 1965 through 1968, and by 5 years for persons born in 1969 or later.
Article 5 (Transitional measures concerning incompetents)
Notwithstanding the amended provisions of subparagraph 1 of Article 35, the previous provisions shall apply to persons for whom the effect of a declaration of incompetency or quasi-incompetency is maintained under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429).
ADDENDA <Act No. 13364, Jun. 22, 2015>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Article 97 (1) and (2) shall enter into force 1 year after the date of the promulgation.
Article 2 (Applicability to secondary liability for payment)
| (1) | The secondary liability for payment of a member with unlimited liability of a corporation or an oligopolistic shareholder under the amended provisions of Article 90-2 (1) shall begin to apply to pension contributions, late-payment interest, and expenses of disposition for arrears notified after this Act enters into force. |
| (2) | The secondary liability for payment of a transferee of a business under the amended provisions of Article 90-2 (2) shall begin to apply to persons who acquire a business by transfer after this Act enters into force. |
Article 3 (Applicability to certification of payment of pension contributions)
The obligation for persons liable to pay to submit a certificate of payment of pension contributions, etc. under the amended provisions of Article 95-2 (1) shall begin to apply to persons who receive the contract price after this Act enters into force.
Article 4 (Applicability to late-payment interest)
The amended provisions of Article 97 (1) and (2) shall begin to apply to pension contributions for which the payment deadline falls after those amended provisions enter into force.
ADDENDA <Act No. 13642, Dec. 29, 2015>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Articles 8 (3) and 9 (4) shall enter into force on January 1, 2016, and the amended provisions of Articles 64-2 and 64-3 shall enter into force 1 year after the date of the promulgation.
Article 2 (Applicability to persons entitled to divided pension)
| (1) | The amended provisions of Article 64-2 shall begin to apply to cases where a reason for payment of a divided pension arises after this Act enters into force. |
| (2) | The amended provisions of Article 64-3 shall begin to apply to cases where the prior claim for a divided pension is filed after this Act enters into force. |
Article 3 (Transitional measures concerning National Pension Research Institute)
The National Pension Research Institute established under the previous regulations on the organization of the National Pension Service as at the time this Act enters into force shall be deemed the National Pension Research Institute established under this Act.
ADDENDA <Act No. 14214, May 29, 2016>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to additional inclusion of period of military service in period of coverage)
The amended provisions of Article 18 (1) and (2) shall also apply to persons who performed the following military service obligations under the Military Service Act during the period from January 1, 2008, until immediately before this Act enters into force:
| 1. | A person in active duty service; |
| 2. | A person who performed secondment; |
| 3. | A person in full-time reserve service; |
| 4. | A person classified as social service personnel; |
| 5. | A person classified as international cooperation service personnel under the Military Service Act before amended by Act No. 13778; |
| 6. | A person classified as public duty personnel before amended by Act No. 11849. |
Article 3 (Applicability to period for filing claim for divided pension)
The amended provisions of Article 64 (3) shall also apply to persons for whom 3 years have not elapsed, as at the time this Act enters into force, since they came to meet all the requirements to receive a divided pension.
Article 4 (Applicability to, and transitional measures concerning, disability pension)
| (1) | The amended provisions of Articles 67 and 85 (limited to restrictions on payment of the disability pension due to nonpayment of pension contributions) shall begin to apply to cases where the date of the first medical examination (for the amended provisions of Article 67 (2) 3 and 4, referring to the date of a claim) falls after this Act enters into force. |
| (2) | Notwithstanding paragraph (1) and the amended provisions of Articles 67 and 85 (limited to restrictions on payment of the disability pension due to nonpayment of pension contributions), the previous provisions shall apply where the date of the first medical examination falls before 2 years have elapsed from the date this Act enters into force and the person would be entitled to receive a disability pension under the previous provisions. |
Article 5 (Applicability to, and transitional measures concerning, survivors' pension)
| (1) | The amended provisions of Articles 72 and 85 (limited to restrictions on payment of the survivors' pension due to nonpayment of pension contributions) shall begin to apply to cases where the date of death falls after this Act enters into force. |
| (2) | Notwithstanding paragraph (1) and the amended provisions of Articles 72 and 85 (limited to restrictions on payment of the survivors' pension due to nonpayment of pension contributions), the previous provisions shall apply where the date of death falls before 2 years have elapsed from the date this Act enters into force and the person would be entitled to receive a survivors' pension under the previous provisions. |
| (3) | The amended provisions of Articles 73 (1) 2, 75 (1) 4, and 76 (1) 2 shall also apply to persons who were receiving a survivors' pension as at the time this Act enters into force. |
Article 6 (Applicability to deferred payment of pension contributions)
The amended provisions of Article 92 (1) shall also apply to periods during which pension contributions were not paid by persons who fell under any of the following before this Act enters into force:
| 1. | Persons who have fallen under subparagraph 1 of Article 9 since April 1, 1999; |
| 2. | Persons who have fallen under subparagraph 4 of Article 9 since April 1, 2001; |
| 3. | Persons who have fallen under subparagraph 5 of Article 9 since January 1, 2008. |
Article 7 (Applicability to subsidization of pension contributions)
The amended provisions of Article 100-3 (1) shall also apply to pension contributions subsidized after this Act enters into force for persons who, as at the time this Act enters into force, were eligible for subsidization of pension contributions under the previous provisions.
Article 8 (Applicability to reporting of death)
The amended provisions of Article 121 (2) shall also apply to cases where, before this Act enters into force, a report of death was filed under the Act on Registration of Family Relations within 1 month from the date on which the person became aware of the death.
Article 9 (Special cases concerning calculation of coverage-eligible period)
| (1) | A person who reached the age of 18 before April 1, 1999, the date on which the amended provisions of Articles 8 and 10 of the partially amended National Pension Act (Act No. 5623) entered into force, shall be deemed to have reached the age of 18 on April 1, 1999, under the amended provisions of Article 3 (1) 19. |
| (2) | If a person falling under paragraph (1) paid pension contributions before April 1, 1999, the period during which they paid pension contributions shall be included in the coverage-eligible period. |
Article 10 Omitted.
ADDENDA <Act No. 14438, Dec. 20, 2016>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14693, Mar. 21, 2017>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Article 90-3 (1) shall enter into force on the date of its promulgation.
Article 2 (Applicability to suspension of payment of early old-age pension)
The amended provisions of Article 66 (1) through (4) shall also apply to persons who receive an early old-age pension as at the time this Act enters into force.
ADDENDA <Act No. 14921, Oct. 24, 2017>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation; provided, the amended provisions of Articles 75 (1) and 76 shall enter into force 6 months after the date of the promulgation.
Article 2 (Applicability to suspension of payment of survivors' pension)
The amended provisions of Article 76 shall begin to apply to cases that arise after those amended provisions enter into force, where a person entitled to benefits who is a child or grandchild is adopted by another person, or a person who acquired entitlement to benefits due to a disability no longer falls under disability Grade 2 or higher.
Article 3 (Applicability to deferred payment of pension contributions)
The amended provisions of Article 92 shall also apply where an amount to be returned is paid under Article 78 before this Act enters into force.
Article 4 (Applicability to extinctive prescription for lump-sum refund)
The amended provisions of Article 115 (1) shall also apply to the right to receive a lump-sum refund under Article 77 (1) 1 for which extinctive prescription has not been completed as at the time this Act enters into force.
ADDENDA <Act No. 15267, Dec. 19, 2017>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to persons entitled to divided pension)
The amended provisions of Article 64 (1) and (4) shall begin to apply to cases where a reason for payment of a divided pension arises after December 29, 2016; provided, where a reason for payment of a divided pension occurs between December 29, 2016 and June 19, 2018, the amended provisions of Article 64 (1) and (4) shall apply, only to persons falling under any of the following subparagraphs, beginning with the benefits payable after May 30, 2024: <Amended on Dec. 20, 2024>
| 1. | Where the period for filing a lawsuit against a disposition to change the amount of pension due to pension division has not expired; |
| 2. | Where a disposition to change the amount of pension due to pension division has not become final by a court judgment. |
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. 15876, Dec. 11, 2018>
This Act shall enter into force 3 months after the date of its promulgation; provided, the amended provisions of Articles 57-2 (3), 95 (5) through (7), and 95-3 (2) through (4) shall enter into force 6 months after the date of its promulgation.
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; provided, the amended provisions of Article 51 and Article 3 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Applicability to applicable period of basic pension amount)
The amended provisions of Article 51 shall begin to apply to benefits payable for the month that includes the date of promulgation.
Article 3 Omitted.
ADDENDA <Act No. 16652, Nov. 26, 2019>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16761, Dec. 10, 2019>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 16867, Jan. 21, 2020>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 97 shall enter into force on January 16, 2020; the amended provisions of Articles 100-4, 100-5, and 123 shall enter into force on July 1, 2020; and the amended provisions of Articles 123-2 and 128 shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to late-payment interest)
The amended provisions of Article 97 (1) and (2) shall begin to apply to pension contributions for which the payment deadline falls after those amended provisions enter into force.
Article 3 (Applicability to pension contribution subsidy for farmers and fishers)
The amended provisions of Article 7 of the Addenda to the wholly amended National Pension Act (Act No. 8541) and Article 7 of the Addenda to the partially amended National Pension Act (Act No. 11143) shall begin to apply to the portions of insurance contributions for the month that includes the date of the promulgation.
Article 4 (Special cases concerning reporting on evaluation of pension contribution subsidy program)
After 3 years have passed from the date on which pension contributions were first subsidized under the amended provisions of Article 100-4, the Minister of Health and Welfare shall, without delay, conduct an evaluation of the program and report the results to the competent standing committee of the National Assembly.
ADDENDA <Act No. 17758, Dec. 29, 2020>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 17774, Dec. 29, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Article 92 (1) shall enter into force on the date of its promulgation.
Article 2 (Applicability to lump-sum death payment)
The amended provisions of Article 80 shall begin to apply to cases where a person falling under paragraph (1) 2 or 3 of that Article dies after this Act enters into force.
Article 3 (Applicability to payment of deferred pension contributions)
The amended provisions of Article 92 (1) shall begin to apply to those who apply for payment of deferred pension contributions after this Act enters into force.
Article 4 (Applicability to provision of data on arrears)
The amended provisions of Article 95-4 shall also apply to employers who, as at the date this Act enters into force, have been in arrears of pension contributions for at least 1 year, counting from the day following the payment deadline.
ADDENDA <Act No. 18212, Jun. 8, 2021>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to calculation of period of coverage and of basic pension amount)
The amended provisions of Articles 17 (3) through (5) and 51 (1) 2 a shall also apply to pension contributions in arrears by a workplace-based insured employer as at the time this Act enters into force.
Article 3 (Transitional measures concerning Special Committee of National Pension Fund Management)
The National Pension Fund Operation Expert Committee for Investment Policy, National Pension Fund Operation Expert Committee for the Responsibility of Trustees, the National Pension Fund Operation Expert Committee for Risk Management and Performance Compensation established under the previous Enforcement Decree of the National Pension Act as at the time this Act enters into force shall be deemed the Special Committee of National Pension Fund Investment Policy, the Special Committee on National Pension Fund Responsible Investment and Governance, and the Special Committee on National Pension Fund Risk Management, Performance Evaluation, and Compensation established under the amended provisions of Article 103-3, respectively.
ADDENDUM <Act No. 18326, Jul. 27, 2021>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDUM <Act No. 18608, Dec. 21, 2021>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDA <Act No. 19294, Mar. 28, 2023>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to deferred payment of pension contributions)
The amended provisions of Article 92 (1) shall also apply to any period during which pension contributions were not paid under the proviso of Article 8 (2) after pension contributions were first paid under the main clause of Article 8 (2) of the partially amended National Pension Act (Act No. 13100), before this Act enters into force.
ADDENDA <Act No. 19447, Jun. 13, 2023>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation; provided, the amended provisions of Article 103-3 (3) shall enter into force on the date of its promulgation.
Article 2 (Applicability to calculation of additional pension amount for dependents)
The amended provisions of Article 52 shall begin to apply to persons who are included in the calculation of the additional pension amount for dependents after this Act enters into force.
Article 3 (Applicability to payment of survivors' pension)
The amended provisions of Articles 73, 75, and 76 shall begin to apply to persons for whom the grounds for the payment of survivors' pension arise after this Act enters into force.
ADDENDA <Act No. 19839, Dec. 26, 2023>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation; provided, ... <omitted> ... Article 7 of the Addenda shall enter into force on January 18, 2024.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 20447, Sep. 20, 2024>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 20584, Dec. 20, 2024>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 20903, Apr. 2, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2026.
Article 2 (Applicability to additional inclusion of period of military service in period of coverage)
The amended provisions of Article 18 (1) shall begin to apply to persons who have completed a period of service under the Military Service Act after this Act enters into force.
Article 2 (Applicability to additional inclusion of period of coverage for childbirth)
| (1) | The amended provisions of Article 19 (1) shall begin to apply to persons who have their first child after this Act enters into force. |
| (2) | If a person who had their first child before this Act enters into force on or after January 1, 2008, has another child after this Act enters into force, the proviso, with the exception of the subparagraphs, of the previous Article 19 (1) shall not apply to that child; provided, this shall not apply if entitlement to an old-age pension was acquired before this Act enters into force. |
Article 4 (Special cases concerning pension contributions)
| (1) | Notwithstanding the amended provisions of Article 88 (3), the employee contribution and the employer contribution of the pension contributions of a workplace-based insured person for the period from 2026 through 2032 shall be calculated as the amount obtained by multiplying the standard monthly income by the rate applicable to each year, as set forth in the following subparagraphs: |
| (2) | Notwithstanding the amended provisions of Article 88 (4), the employee contribution and the employer contribution of the pension contributions for the period from 2026 through 2032 of an individually insured person, a voluntarily insured person, and a voluntarily and continuously insured person shall be calculated as the amount obtained by multiplying the standard monthly income by the rate applicable to each year, as set forth in the following subparagraphs: |
Article 5 (Transitional measures concerning payment of benefits)
| (1) | With respect to the payment of benefits, grounds for the payment of which arose before this Act enters into force, the previous provisions shall apply. |
| (2) | With respect to the calculation of the basic pension amount for the portion corresponding to the period of coverage before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 51 (1). |
Article 6 (Transitional measures concerning subsidization of pension contributions for individually insured persons)
| (1) | Notwithstanding the amended provisions of Article 100-4 (1), the previous provisions shall apply to individually insured persons who are receiving subsidization of a portion of their pension contributions under the previous Article 100-4 (1) as at the time this Act enters into force. |
| (2) | If an individually insured person who has received subsidization of a portion of the pension contributions under the previous Article 100-4 (1) meets the requirements under the amended provisions of Article 100-4 (1), a portion of the pension contributions may be subsidized in accordance with the amended provisions of Article 100-4 (1). In such cases, the combined period of subsidization under the previous provisions and the amended provisions shall not exceed 12 months. |
ADDENDA <Act No. 21065, Oct. 1, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, among the statutes amended under Article 7 of the Addenda, the amendments to statutes promulgated but not yet in force before the enforcement of this Act shall enter into force on the respective enforcement dates of such statutes, and the following amended provisions shall enter into force on the dates specified the relevant subparagraph:
| 1. | The amended provisions of the following subparagraphs shall enter into force on January 2, 2026; provided, among the statutes amended under Article 7 of the Addenda (limited to the provisions relating to the amended provisions of items a and b), the amendments to statutes promulgated before the enforcement date under the main clause but the enforcement date of which under the main clause have to arrive shall enter into force on the respective enforcement dates of such statutes: |
| a. | The amended provisions of Articles 19 (4), 23, 29 (1) 1, and 30; |
| b. | The amended provisions of Articles 12 (2), 19 (3), 22, and the proviso of Article 29 (2) (limited to the provisions relating to the Minister of Finance and Economy and the Ministry of Finance and Economy); |
| c. | Statutes amended under Article 7 of the Addenda (limited to the provisions relating to the amended provisions of items a and b); |
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 21100, Nov. 11, 2025>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 21146, Nov. 25, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to deferred payment of pension contributions)
The amended provisions of Article 920 (3) shall begin to apply to persons who apply for deferred payment of pension contributions under Article 92 (1) after this Act enters into force.
Article 3 (Special cases concerning deferred payment of pension contributions)
Notwithstanding the amended provisions of Article 92 (3) of the Act, where a person applies for deferred payment in December and intends to pay deferred pension contributions in the same month during the period from 2025 through 2032, the deferred pension contributions shall be calculated by multiplying the standard monthly income for that month by the rate applicable to each year, as set forth in the following subparagraphs:
| 1. | For December 2025: 90/1,000; |
| 2. | For December 2026: 95/1,000; |
| 3. | For December 2027: 100/1,000; |
| 4. | For December 2028: 105/1,000; |
| 5. | For December 2029: 110/1,000; |
| 6. | For December 2030: 115/1,000; |
| 7. | For December 2031: 120/1,000; |
| 8. | For December 2032: 125/1,000. |
ADDENDA <Act No. 21203, Dec. 16, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2026; provided, the amended provisions of Article 63-2 shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to old-age pensions based on income-earning activities)
The amended provisions of Article 63-2 shall begin to apply to income arising after January 1, 2025.
Article 3 (Applicability to restriction on payment of benefits)
The restriction on the payment of benefits under the amended provisions of Article 82 (3) 4 shall begin to apply to survivors’ pensions and other benefits that fall due after this Act enters into force.