CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
The purpose of this Decree is to prescribe matters mandated by the National Pension Act and matters necessary for the enforcement thereof.
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| Article 2 (Persons not deemed employees) |
The following persons shall not be deemed employees under the proviso of Article 3 (1) 1 of the National Pension Act (hereinafter referred to as the "Act"): <Amended on Aug. 17, 2010; Jun. 30, 2015; Jul. 31; Jun. 11, 2019; Jul. 1, 2020; Jun. 29, 2021>
| 1. | A person who performs work on a daily basis or for a specified period of less than 1 month; provided, any of the following persons who have continued to perform work for at least 1 month shall be deemed employees: |
| a. | A person who performs work at a workplace determined and publicly notified by the Minister of Health and Welfare, including a workplace for construction works under the main clause, with the exception of the items, of subparagraph 4 of Article 2 of the Framework Act on the Construction Industry, and who, in a month, has at least 8 working days or has income for 1 month (limited to income under Article 3 (1) 2; hereafter in this Article the same shall apply) at least in the amount determined and publicly notified by the Minister of Health and Welfare; |
| b. | A person who performs work at a workplace other than those under item a and who, in a month, has at least 8 working days, or at least 60 hours of work, or income for 1 month at least in the amount determined and publicly notified by the Minister of Health and Welfare; |
| 2. | A person employed at a workplace whose location is not fixed; |
| 3. | A director of a corporation who has no income; |
| 4. | A part-time employee whose prescribed working hours are less than 60 hours in a month; provided, any of the following persons among such part-time employees shall be deemed an employee: |
| a. | An instructor under Article 14 (2) of the Higher Education Act who has continued to perform work for at least 3 months; |
| b. | A person who has continued to perform work for at least 3 months and who wishes to be deemed an employee with the consent of the employer; |
| c. | A person who performs work at at least 2 workplaces, whose total number of prescribed working hours for 1 month across the workplaces are at least 60 hours, and who wishes to be deemed an employee at a workplace where their prescribed working hours for 1 month are less than 60 hours; |
| d. | A person who has continued to perform work for at least 1 month and whose income for 1 month is at least the amount determined and publicly notified by the Minister of Health and Welfare. |
[Title Amended on Aug. 17, 2010]
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| Article 3 (Scope of income) |
| (1) | The scope of income under Article 3 (1) 3 of the Act, for a workplace-based insured person or a voluntarily and continuously insured person who is engaged in work at a workplace covered by the National Pension (excluding cases where a person entitled to a retirement pension, etc. under Article 8 (1) of the Act, a beneficiary of livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act, or a beneficiary of medical benefits under Article 7 (1) 3 of that Act becomes a voluntarily and continuously insured person; but including a person entitled to a retirement pension, etc. under Article 8 (1) of the Act who has filed an application for aggregation under Article 8 of the Act on Aggregation of National Pension and Occupational Pensions; hereinafter referred to as a "workplace-based, voluntarily and continuously insured person"), shall be as follows: <Amended on Jul. 27, 2009; Aug. 17, 2010; Dec. 22, 2015; Dec. 31, 2019; Jun. 25, 2025> |
| 1. | In the case of an employer (limited to employers of workplaces other than corporations): Income under paragraph (2) 1 through 3 and 5; |
| 2. | In the case of an employee: Income obtained by deducting, from earned income under Article 20 (1) of the Income Tax Act, non-taxable earned income under subparagraph 3 of Article 12 of that Act (excluding non-taxable wages from among the remuneration received for performing work on pelagic fishing vessels or vessels navigating overseas routes, etc. under item o of that subparagraph and Article 16 (1) 1 of the Enforcement Decree of that Act). |
| (2) | The scope of income under Article 3 (1) 3 of the Act, for an individually insured person and a voluntarily and continuously insured person who meets the requirements for an individually insured person (hereinafter referred to as an "individually, voluntarily and continuously insured person"), shall be as follows, and where the insured person has at least 2 types of income, such income shall be calculated as the sum thereof: <Amended on Jun. 29, 2021> |
Income earned from crop farming, fruit growing and horticulture, sericulture, seed and seedling production (nursery), specialty crop production, livestock raising, breeding stock farming, hatchery operations, and work incidental thereto;
Income earned from forest management, production of forest products, breeding of wild birds and animals, and work incidental thereto;
Income earned from fisheries (including aquaculture) and work incidental thereto;
Income under paragraph (1) 2;
The amount of business income under Article 19 (2) of the Income Tax Act;
| 6. | Deleted. <Aug. 17, 2010> |
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| Article 4 (Method of calculating average monthly income) |
The average monthly income under Article 3 (1) 4 of the Act shall be calculated by dividing, as of December 31 each year, the total standard monthly income of all workplace-based insured persons and individually insured persons (excluding workplace-based insured persons and individually insured persons who do not pay pension contributions for any ground for exception to the payment under Article 91 (1) of the Act; hereinafter the same shall apply) by the total number of workplace-based insured persons and individually insured persons. In such cases, where a person is a workplace-based insured person covered at 2 or more workplaces under Article 8, the average monthly income shall be calculated by aggregating the standard monthly income for each workplace and treating the aggregate as the standard monthly income of a single workplace-based insured person. <Amended on Dec. 8, 2011>
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| Article 5 (Standard monthly income and applicable period) |
| (1) | The standard monthly income under Article 3 (1) 5 of the Act shall be the amount obtained, within the range between the following lower and upper limits, from the monthly income reported by the employer in the case of a workplace-based insured person and by the insured person in the case of an individually insured person, after truncating amounts less than 1,000 won: <Amended on Jan. 22, 2019> |
| 1. | Lower limit: The amount obtained by multiplying the lower limit of the standard monthly income for the immediately preceding applicable period by the value calculated by dividing item a by item b (rounded to the third decimal place); in such cases, the amount shall be rounded to the nearest 10,000 won: |
| a. | The amount calculated under Article 51 (1) 1 of the Act and applied under Article 37 from January through December of the relevant year; |
| b. | The amount calculated under Article 51 (1) 1 of the Act and applied under Article 37 from January through December of the previous year; |
| 2. | Upper limit: The amount obtained by multiplying the upper limit of the standard monthly income for the immediately preceding applicable period by the value calculated by dividing subparagraph 1 a by subparagraph 1 b (rounded to the third decimal place); in such cases, the amount shall be rounded to the nearest 10,000 won. |
| (2) | Notwithstanding paragraph (1), if there are marked changes in living standards, wages, prices, or other economic conditions, the Minister of Health and Welfare may adjust the lower and upper limits under the subparagraphs of paragraph (1) after deliberation by the National Pension Review Committee under Article 5 of the Act (hereinafter referred to as the "National Pension Review Committee"). <Amended on Mar. 15, 2010> |
| (3) | The Minister of Health and Welfare shall, after deliberation by the National Pension Review Committee, publicly notify the lower and upper limits under paragraph (1) or (2) by March 31 each year. <Amended on Mar. 15, 2010> |
| (4) | The applicable period of the lower and upper limits publicly notified under paragraph (3) shall be from July of that year through June of the following year. |
| (5) | If the monthly income reported by an employer or an insured person is less than the lower limit publicly notified under paragraph (3), that lower limit shall be the standard monthly income, and if it is greater than the upper limit publicly notified under that paragraph, that upper limit shall be the standard monthly income. |
[This Article Wholly Amended on Dec. 30, 2009]
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| Article 6 (Determination and applicable period of standard monthly income upon acquisition of insured status and resumption of payment) |
| (1) | If a person who acquires the status of a workplace-based insured person or a workplace-based, voluntarily and continuously insured person pays pension contributions for the first time, or resumes payment after a period of exception to payment under Article 91 of the Act ends, the National Pension Service under Article 24 of the Act (hereinafter referred to as the "Service") shall determine the standard monthly income by using the amount under the following subparagraphs as the monthly income, and the applicable period shall be from the month in which insured status is acquired or payment is resumed through the month immediately preceding the month for which the standard monthly income regularly determined under Article 7 (1) applies: |
| 1. | Where income is determined on a monthly, weekly, or other fixed-period basis: The amount equivalent to 30 times the amount obtained by dividing the income for that period by the total number of days in the period. |
| 2. | Where income is determined on a daily, hourly, output, or contract basis: The amount obtained by averaging the monthly income of persons who are engaged in the same duties at the relevant workplace and receive the same income during the month immediately preceding the month in which insured status is acquired or payment of pension contributions is resumed; |
| 3. | Where it is difficult to calculate monthly income under subparagraphs 1 and 2: The amount obtained by averaging the monthly income of persons who are engaged in the same duties in the relevant local area and receive the same income during the month immediately preceding the month in which insured status is acquired or payment of pension contributions is resumed. |
| (2) | If an individually insured person or an individually, voluntarily and continuously insured person acquires insured status and pays pension contributions for the first time, or resumes payment after a period of exception to payment under Article 91 of the Act ends, the Service shall determine the standard monthly income by using, as the monthly income, the income earned from the work in which they are engaged at the time of acquiring insured status or resuming payment, as reported by the insured person or their agent. In such cases, to assist with reporting, the Service may present or give prior notice of a recommended monthly income for reporting, calculated on the basis of taxation data by industry, the type of business engaged in, workplace size, farmland area, etc. |
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| Article 7 (Determination and applicable period of standard monthly income during period of coverage) |
| (1) | The Service shall, for a workplace-based insured person or a workplace-based, voluntarily and continuously insured person after they acquire insured status, determine each year the standard monthly income by using, as the monthly income, an amount equivalent to 30 times the amount obtained by dividing the income received during the period they worked at the relevant workplace in the previous year by the total number of days in that period, and the applicable period shall be from July of that year through June of the following year; provided, where the period worked at the relevant workplace is less than 1 month, the standard monthly income shall be determined under Article 6 (1): <Amended on Feb. 25, 2009> |
| 1. | Deleted; <Feb. 25, 2009> |
| 2. | Deleted. <Feb. 25, 2009> |
| (2) | After an individually insured person or an individually, voluntarily and continuously insured person acquires insured status, the standard monthly income during the period of coverage shall be determined by the Service by one of the following methods: |
| 1. | Where there is no change in income: |
The standard monthly income at the time of acquiring insured status under Article 6 (2);
| 2. | Where income has changed at least once: |
Where income is changed at least once: Where the NPS has investigated and checked regarding the workplace, etc. under Article 122 of the Act and confirmed the grounds for the changed income, such as alteration of occupation engaged, or it is deemed based on the taxation data, etc. that the actual income of the insured person is different from the existing standard monthly income amount, the NPS shall give notice to the relevant insured person to report on the altered income pursuant to Article 21 of the Act, and determine the standard monthly income amount based on the income pursuant to Article 3 (2) of preceding year reported by the insured person or his or her agent, but such adjusted standard monthly income shall apply from the month following the month in which the date of such determination falls. In such cases, the NPS may notify the relevant insured person or his or her agent of a monthly income recommended for reporting as a guideline, which is calculated based on taxation data, type of business, size of workplace, size of farmland, etc. within the limits of income under Article 3 (2) of the preceding year.
| (3) | If an individually insured person, an individually, voluntarily and continuously insured person, a workplace-based, voluntarily and continuously insured person, or their agent falls under any of the following subparagraphs (limited to subparagraph 2 for a workplace-based, voluntarily and continuously insured person), they may file an application with the Service for a change in the standard monthly income, as prescribed by Decree of the Ministry of Health and Welfare; in such cases, the standard monthly income shall be determined based on the income applied for by the insured person or their agent and shall apply from the month following the month in which the application is filed: <Amended on Feb. 29, 2008; Mar. 15, 2010; Jul. 1, 2010> |
| 1. | Where income has increased or decreased due to a change in the type of business engaged in, a change in business performance, or suspension of projects, etc.; |
| 2. | Where the insured person wishes the standard monthly income to be determined at a level higher than their actual income. |
| (4) | If the Service requires an insured person to report income under paragraph (2), it shall, where it deems necessary, after deliberation by the board of directors, formulate an annual income verification plan that includes the scope of persons subject to reporting, the timing and methods of income verification, and other necessary matters. |
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| Article 8 (Determination of standard monthly income for workplace-based insured persons covered at least 2 workplaces) |
If a workplace-based insured person or a workplace-based, voluntarily and continuously insured person is an employee or an employer at least 2 workplaces covered by the National Pension (including where they are an employee at 1 workplace covered by the National Pension and an employer at another; hereinafter the same shall apply), the standard monthly income for each workplace shall be determined under Article 5 (1) based on the monthly income received at that workplace; provided, in any of the following cases, the standard monthly income for each workplace shall be determined based on the amount corresponding to each of the following classifications: <Amended on Jun. 30, 2015>
| 1. | Where all workplaces at which an employee under subparagraph 4 c of Article 2 (hereinafter referred to as a "multi-workplace part-time employee") performs work are workplaces where the prescribed working hours in a month are less than 60 hours (hereinafter referred to as "workplaces with less than 60 hours"): The amount corresponding to each of the following items: |
| a. | Where the sum of the standard monthly incomes for each workplace with less than 60 hours is at least the lower limit of the standard monthly income under Article 5 (1) (hereafter in this Article referred to as the "lower limit of the standard monthly income"): The standard monthly income for each workplace with less than 60 hours; |
| b. | Where the sum of the standard monthly incomes for each workplace with less than 60 hours is less than the lower limit of the standard monthly income: The amount for each such workplace calculated by multiplying the lower limit of the standard monthly income by the ratio of that workplace's standard monthly income to the total standard monthly income across all workplaces with less than 60 hours; |
| 2. | Where a multi-workplace part-time employee performs work at both a workplace with at least 60 hours of prescribed monthly working hours (hereinafter referred to as "workplace with at least 60 hours") and a workplace with less than 60 hours: The amounts classified under the following items: |
| a. | Workplaces with less than 60 hours: The monthly income for each such workplace; |
| b. | Workplaces with at least 60 hours: The standard monthly income under Article 5 (1); |
| 3. | Where the sum of the standard monthly incomes for each workplace exceeds the upper limit of the standard monthly income under Article 5 (1) (hereafter in this Article the "upper limit of the standard monthly income"): For each workplace, the amount calculated by multiplying the upper limit of the standard monthly income by the ratio of that workplace's standard monthly income to the total standard monthly income across all workplaces. |
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| Article 9 (Special cases concerning determination of standard monthly income) |
| (1) | If it is difficult to calculate the standard monthly income under Article 6 for a workplace-based insured person, an individually insured person, a workplace-based, voluntarily and continuously insured person, or an individually, voluntarily and continuously insured person, or if the income reported or applied for under Article 6 or Article 7 (1), (2), or (3) 1 differs markedly from the actual income, the Service shall determine the standard monthly income, notwithstanding those provisions, and the criteria, methods, and other matters for such determination shall be subject to prior deliberation by the National Pension Review Committee. <Amended on Dec. 30, 2009> |
| (2) | If all or part of income is paid in kind, its value shall be determined by the Service based on consumer prices in the relevant region. |
| (3) | If no report is filed under Article 21 of the Act with respect to the monthly income of a workplace-based insured person, an individually insured person, a workplace-based, voluntarily and continuously insured person, or an individually, voluntarily and continuously insured person, and if, upon examinations and inquires, it is verified under Article 122 (1) of the Act that no data on income exist, the Service shall determine the standard monthly income by using, as the monthly income, the amount under the following subparagraphs: |
| 1. | Where determining the standard monthly income during the period of coverage: The amount obtained by adjusting the insured person's standard monthly income for the previous year based on the rate of change in the average monthly income; |
| 2. | Where determining the standard monthly income upon acquiring insured status or resuming payment of pension contributions: The amount corresponding to the standard monthly income applicable to a voluntarily insured person, etc. under the main clause of Article 10 (1). |
| (4) | If a report under Article 21 of the Act is not filed with respect to the monthly income of a workplace-based insured person, an individually insured person, a workplace-based, voluntarily and continuously insured person, or an individually, voluntarily and continuously insured person, and it is verified, upon examinations and inquiries under Article 122 (1) of the Act, that data on income exist, Article 6 and Article 7 (1) and (2) shall apply mutatis mutandis. |
| (5) | Notwithstanding Articles 6 (1) and 7 (1), if the ratio obtained by dividing the difference between a workplace-based insured person's actual income and their standard monthly income by their standard monthly income is equal to or greater than the ratio that the Minister of Health and Welfare publicly notifies, after prior deliberation by the National Pension Review Committee, the employer may, with the employee's consent, apply to the Service for a change in the standard monthly income, as prescribed by Decree of the Ministry of Health and Welfare. <Added on Aug. 6, 2013> |
| (6) | Upon receiving an application for a change under paragraph (5), the Service shall change the standard monthly income by taking into account the actual income stated in the application, and the applicable period shall be from the month following the month in which the application is filed through June of the following year. <Added on Aug. 6, 2013> |
| (7) | The Service shall verify whether the changed standard monthly income under paragraph (6) matches the actual income as confirmed by taxation data, payroll ledgers, and other income-related documents or books for the applicable period. <Added on Aug. 6, 2013> |
| (8) | If any excess or deficiency is found as a result of the verification under paragraph (7), Article 88 (5) or Article 100 of the Act shall apply mutatis mutandis to the additional collection, crediting, or refund of such excess or deficiency. <Added on Aug. 6, 2013> |
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| Article 10 (Determination of standard monthly income and applicable period for voluntarily insured persons) |
| (1) | The standard monthly income of an insured person falling under any of the following subparagraphs (excluding beneficiaries of livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act and beneficiaries of medical benefits under subparagraph 3 of that paragraph; hereafter in this paragraph the same shall apply) shall be the amount corresponding to the median of the standard monthly incomes of all individually insured persons as of December 31 of the preceding year, and its applicable period shall be from April of the relevant year to March of the following year; provided, the Service may decide to change the standard monthly income where the insured person applies for it to be determined at an amount higher than the said median: <Amended on Jul. 1, 2010; Dec. 22, 2015> |
| 1. | Voluntarily insured persons; |
| 2. | Voluntarily and continuously insured persons excluding workplace-based, voluntarily and continuously insured persons and individually, voluntarily and continuously insured persons. |
| (2) | If 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 becomes an insured person falling under any subparagraph of paragraph (1), the standard monthly income shall be determined based on the amount calculated by adding together the incomes under Article 5 (1) 1 and 2 of the Enforcement Decree of that Act among the incomes verified through the verification survey under Article 23 (1) of that Act (hereinafter referred to as "aggregate income of a beneficiary under the National Basic Living Security Act"), and the applicable period shall be from April of the relevant year to March of the following year. <Amended on Dec. 8, 2011; Dec. 22, 2015> |
| (3) | Notwithstanding paragraph (2), where the aggregate income of a beneficiary under the National Basic Living Security Act changes during the period of coverage and the insured person applies for a change in their standard monthly income, the standard monthly income shall be determined based on the changed income, beginning with the month following the month that includes the date of application. <Added on Dec. 8, 2011> |
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| Article 11 (Actuarial valuation of the National Pension) |
| (1) | The Minister of Health and Welfare shall, under the main clause of Article 4 (2) of the Act, conduct an actuarial valuation of the National Pension Fund under Article 101 of the Act (hereinafter referred to as the "Fund") by March 31 of every fifth year, and shall formulate a plan for the overall operation of the National Pension, including the financial projections and adjustment of pension contributions, obtain the approval of the President by September 30 of that year after deliberation by the National Pension Review Committee and the State Council, and submit the plan to the National Assembly by October 31 of that year. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jun. 29, 2021; Jun. 25, 2025> |
| (2) | The Minister of Health and Welfare shall disclose the plan regarding the overall operation of the National Pension, including the financial outlook, in at least 1 general daily newspaper and at least 1 economic daily newspaper, each registered for nationwide circulation under Article 9 (1) of the Act on the Promotion of Newspapers or through the Official Gazette, the Ministry of Health and Welfare's website, or broadcasting, etc. <Amended on Feb. 29, 2008; Jan. 27, 2010; Mar. 15, 2010; Nov. 24, 2020> |
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| Article 12 (Duties of chairperson of the National Pension Review Committee) |
| (1) | The chairperson shall represent the National Pension Review Committee and exercise general supervision over its affairs. |
| (2) | The vice chairperson shall assist the chairperson and, when the chairperson is unable to perform their duties due to any unavoidable cause, the vice chairperson shall act on behalf of the chairperson. |
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| Article 13 (Term of office of members of the National Pension Review Committee) |
Each member of the National Pension Review Committee, other than the chairperson, shall hold office for a term of 2 years and may be reappointed only twice. <Amended on Jul. 18, 2023>
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| Article 13-2 (Dismissal of members of the National Pension Review Committee) |
The Minister of Health and Welfare may withdraw the nomination or dismiss a member under the subparagraphs of Article 5 (2) of the Act if the member falls under any of the following subparagraphs:
| 1. | If they are unable to perform their duties due to a mental or physical disability; |
| 2. | Where they have committed misconduct in connection with their duties; |
| 3. | Where they are deemed unfit to serve as a member due to neglect of duty, conduct damaging dignity, or any other cause; |
| 4. | Where they voluntarily express that it is difficult for them to perform their duties. |
[This Article Added on Nov. 29, 2016]
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| Article 14 (Meetings of the National Pension Review Committee) |
| (1) | The chairperson shall convene and preside over meetings of the National Pension Review Committee. |
| (2) | Meetings of the National Pension Review Committee shall be convened when any of the following applies: <Amended on Feb. 29, 2008; Mar. 15, 2010; Jun. 25, 2025.> |
| 1. | Upon the request of the Minister of Health and Welfare; |
| 2. | Upon the request of at least 1/3 of the incumbent members of the National Pension Review Committee; |
| 3. | Where the chairperson deems it necessary. |
| (3) | A majority of the members of the National Pension Review Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on Jun. 25, 2025> |
| (4) | The chairperson shall report the matters resolved by the National Pension Review Committee to the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jun. 25, 2025> |
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| Article 15 (Preparation and keeping of minutes of meetings of the National Pension Review Committee) |
| (1) | The chairperson of the National Pension Review Committee shall prepare and keep minutes for the meetings of the National Pension Review Committee. |
| (2) | The minutes shall include the date and time, the place, the matters discussed, and the matters resolved, and the chairperson and the members present at the meeting shall sign the minutes or affix their signatures. |
| (3) | Insured persons, former insured persons, persons entitled to benefits, and other interested parties in the National Pension may request to inspect the minutes at any time. |
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| Article 16 (Executive secretary) |
| (1) | The National Pension Review Committee shall have 1 executive secretary who is appointed by the Minister of Health and Welfare from among public officials of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | The executive secretary shall handle the affairs of the National Pension Review Committee under the direction of the chairperson. |
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| Article 17 (Allowances payable to members) |
Members who attend meetings of the National Pension Review Committee may be paid allowances within the budget; provided, this shall not apply where a member who is a public official attends in direct connection with their official duties.
CHAPTER II PERSONS INSURED UNDER THE NATIONAL PENSION
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| Article 18 (Persons excluded from coverage) |
Pursuant to the proviso of Article 6 of the Act, any of the following persons shall be excluded from eligibility for coverage under the National Pension: <Amended on Jun. 29, 2012>
| 1. | An employee under age 60 who is a special-occupation employee and has acquired entitlement to an old-age pension under Article 61 (1) of the Act and Article 2 of the Addenda to the wholly amended National Pension Act (Act No. 8541); |
| 2. | A person who has acquired entitlement to an early old-age pension under Article 61 (2) of the Act; provided, this shall not apply to a person whose payment of the early old-age pension is suspended under Article 66 (1) of the Act. |
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| Article 19 (Workplaces subject to mandatory coverage) |
| (1) | A workplace subject to mandatory coverage under Article 8 (1) of the Act shall be any of the following workplaces: |
| 1. | A workplace employing at least 1 employee; |
| 2. | A workplace of a foreign institution located in the Republic of Korea that employs at least 1 national of the Republic of Korea. |
| (2) | If workplaces are related as a head office and branch offices, agencies, or local offices and their business is administered as an integrated whole, they shall be deemed to be 1 workplace for purposes of applying paragraph (1). |
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| Article 20 (Criteria and methods for recognizing persons whose whereabouts are unknown as missing) |
| (1) | Certification of a person whose whereabouts have been unknown under subparagraph 5 of Article 9 of the Act shall follow confirmation by a Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). |
| (2) | The commencement date of the period during which a person's whereabouts have been unknown under paragraph (1) shall be the date on which the Special Self-Governing Province Governor or the head of the Si/Gun/Gu confirms the fact. |
| (3) | Notwithstanding paragraph (1), if pension contributions have been paid for a person whose whereabouts have been unknown, the period for which the contributions were paid shall not be included in the period during which their whereabouts are unknown. |
| (4) | If a person for whom pension contributions have been paid under paragraph (3) is again confirmed as a person whose whereabouts are unknown under paragraph (1), the period during which their whereabouts are unknown shall commence from the date on which they are again confirmed as missing after the payment of pension contributions. |
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| Article 21 (Loss of insured status due to arrears in pension contributions) |
The period of arrears in pension contributions that results in the loss of insured status under Articles 12 (3) 5 and 13 (3) 4 of the Act shall be 6 months; provided, this shall not apply if it is proved that the pension contributions could not be paid within the period due to a natural disaster or any other unavoidable reason. <Amended on Jan. 23, 2024>
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| Article 22 (Special-occupation employees) |
| (1) | "Occupation prescribed by Presidential Decree" in the provisions, with the exception of the items, of Article 13 (1) 2 of the Act shall be as follows: <Amended on Apr. 30, 2009; Feb. 3, 2012; Jun. 29, 2012; Jun. 29, 2021> |
| 1. | Mining as defined in subparagraph 2 of Article 3 of the Mining Industry Act (limited to underground works); |
| 2. | Fishery business on fishing vessels as defined in Article 2 subparagraph 2 of the Fisheries Act (including aquaculture business as defined in Article 2 subparagraph 2 of the Aquaculture Industry Development Act, and limited to cases where the person is a rating as defined in Article 2 subparagraph 6 of the Seafarers Act and is directly engaged in fishing operations). |
| (2) | In the cases under paragraph (1), if the period of coverage as a special-occupation employee is less than 3/5 of the person's total period of coverage, they shall not be deemed a special-occupation employee. |
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| Article 23 (Presumption of death) |
| (1) | A person shall be presumed dead under Article 15 of the Act in the following cases: |
| 1. | When a person who was on board a ship that sank, capsized, was lost, or went missing, or an aircraft that crashed, was lost, or went missing, cannot be ascertained as alive or dead for 3 months from the date of the accident; |
| 2. | When a person who was on board a ship underway or an aircraft in flight went missing, and their survival or death cannot be ascertained for 3 months; |
| 3. | When a person's survival or death cannot be ascertained for 3 months due to a natural disaster or any other comparable cause. |
| (2) | A person presumed dead under paragraph (1) shall be presumed to have died on the date the accident occurred or the date they went missing. |
| (3) | If a person whose survival or death was unknown for a reason under the subparagraphs of paragraph (1) is confirmed to have died within 3 months from the date the accident occurred or the date they went missing, but the time of death is unclear, they shall be presumed to have died on the date the accident occurred or the date they went missing. |
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| Article 23-2 (Matters to be stated in certificate of insured status) |
Under Article 16 (2) of the Act, the following details shall be stated in the certificate of National Pension insured status:
| 1. | Personal details of the insured person; |
| 2. | Type of insured person and the date of acquisition of insured status. |
[This Article Added on Dec. 8, 2011]
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| Article 24 (Individual payment of employee and employer contributions) |
| (1) | "Interest prescribed by Presidential Decree" in Article 17 (4) of the Act means the amount calculated by multiplying the unpaid employee contributions and employer contributions by the 1-year time-deposit interest rate for the period from the month that includes the date falling 10 years after the deadline for the monthly payment of such contributions to the month that includes the date of application for their payment (if the interest rate changes during the period of calculation or differs by bank, the applicable rate for each year shall be the average of the interest rates applied as of January 1 by banks established under the Banking Act that operate nationwide; hereinafter the same shall apply). |
| (2) | "Interest prescribed by Presidential Decree" in Article 17 (5) of the Act means the amount calculated by multiplying the employee contributions and employer contributions to be returned by the interest rate for the additional refund of national taxes under Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes for the period from the day after the employee paid the contributions to the day on which the Service decides to return them. |
| (3) | The National Health Insurance Service under Article 13 of the National Health Insurance Act (hereinafter referred to as the "Health Insurance Service") shall, where it receives employee contributions and employer contributions under the latter part of Article 17 (3) of the Act, notify the Service of such fact without delay. |
[This Article Wholly Amended on Nov. 30, 2021]
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| Article 24-2 (Calculation of period of coverage for month in which pension contributions are partially paid) |
| (1) | If an insured person or a former insured person under the National Pension claims an old-age pension, or their survivors claim a survivors' pension, if some of the pension contributions (limited to pension contributions of an individually insured person, a voluntarily insured person, and a voluntarily and continuously insured person; hereafter in this Article the same shall apply) have been paid, the Service shall apply the partially paid pension contributions for the last month, in sequence, to the late-payment interest and unpaid pension contributions for the first month. In such cases, when including in the period of coverage any month that is fully paid after such application, the standard monthly income for the fully paid month and the annual revaluation rate shall apply. |
| (2) | If the Service refunds partially paid pension contributions under the main clause of Article 17-2 (2) of the Act, it shall refund them to a person entitled to an old-age pension or a survivors' pension, and if that person dies before receiving the refund, the Service shall refund them to a person entitled to claim unpaid benefits under Article 55 of the Act. |
| (3) | If an insured person or a former insured person under the National Pension makes a request under the proviso of Article 17-2 (2) of the Act, they shall, by the 10th day of the month following the month that includes the date of the request, pay to the Service the unpaid pension contributions and late-payment interest for the month partially paid, and the interest under paragraph (4); in such cases, if the insured person or former insured person who made the request falls under any of the following subparagraphs, the Service shall refund the partially paid pension contributions: |
| 1. | Where they die before making the payment; |
| 2. | Where they receive an old age pension; |
| 3. | Where they fail to make the payment by the payment deadline. |
| (4) | Interest under Article 17-2 (3) of the Act shall be calculated based on the number of months of the periods specified in the following subparagraphs, and the interest rate shall be the 1-year time- deposit interest rate for the relevant period: <Amended on Nov. 30, 2021> |
| 1. | Where partially paid pension contributions are refunded: From the month following the month that includes the date of partial payment to the month that includes the date on which grounds for payment of pension benefits arise; |
| 2. | Where the unpaid pension contributions for the month partially paid are collected: From the month following the month that includes the deadline for paying the pension contributions for the relevant month to the month that includes the date on which a request under paragraph (3) is made. |
[This Article Added on Dec. 8, 2011]
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| Article 24-3 (Method of calculating periods of military service to be included in period of coverage) |
The periods of military service to be additionally included in the period of coverage under Article 18 (1) of the Act shall be the period during which a person performed mandatory military service under the Military Service Act (hereafter in this Article referred to as the “period of mandatory military service”), and the periods prescribed in the following subparagraphs shall be additionally included in the period of coverage:
| 1. | Where the period of mandatory military service at least 6 months but not more than 12 months: The period of mandatory military service; in such cases, any period of less than 1 month shall be counted as 1 month; |
| 2. | Where the period of mandatory military service exceeds 12 months: 12 months. |
[This Article Added on Jun. 25, 2025]
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| Article 25 (Scope of recognition of children) |
| (1) | Children for whom an additional inclusion period is recognized in the period of coverage under Article 19 of the Act shall be any of the following (including a person who had already died at the time of the additional inclusion in the period of coverage): <Amended on Aug. 3, 2012; May 7, 2025> |
| 1. | A biological child, an acknowledged child, an adopted child, or a child under full adoption under the Civil Act; |
| 2. | A child adopted under the Special Act on Domestic Adoption and the Act on Intercountry Adoption. |
| (2) | If, when the father or mother (including adoptive parents; hereafter in this paragraph the same shall apply) of a child under paragraph (1) acquires entitlement to an old-age pension, the child falls under any of the following, the child shall not be additionally included in the period of coverage of the relevant father or mother: |
| 1. | When the child has been adopted by another person; |
| 2. | When the adoption has been revoked. |
| (3) | If a child has been additionally included in the period of coverage of an insured person or a former insured person under Article 19 of the Act, no other person may additionally include that child in their period of coverage. |
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| Article 25-2 (Requirements concerning property for additional inclusion of period of coverage for unemployment) |
"Property or income, as prescribed by Presidential Decree" in Article 19-2 (1) 2 of the Act means the following property or income: <Amended on Nov. 29, 2016>
| 1. | Land, buildings, housing, aircraft, and ships under Article 105 of the Local Tax Act; |
| 2. | Income from global income under Article 4 (1) 1 of the Income Tax Act, excluding the income under items c and d of that subparagraph. |
[This Article Added on Jun. 30, 2015]
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| Article 25-3 (Methods of applying for additional inclusion of period of coverage for unemployment) |
| (1) | A person who intends to include the period during which they receive job-seeking benefits (hereinafter referred to as "job-seeking benefits") under Article 37 (1) of the Employment Insurance Act in the period of coverage in accordance with Article 19-2 (1) of the Act shall file an application with the Service (including an employment security office entrusted with the affairs of the Service under Article 25-6), as prescribed by Decree of the Ministry of Health and Welfare; provided, they shall not file such application after the 15th day of the month following the month including the last day on which they are entitled to receive job-seeking benefits under Articles 50 and 69-6 of the Employment Insurance Act (where they receive extended job-seeking benefits under Articles 51 through 53 of that Act, referring to the last day of the benefit period under Article 54 of that Act; hereinafter referred to as "date of termination of job-seeking benefits"). <Amended on Nov. 29, 2016> |
| (2) | Where the number of cumulative days during which an applicant who has filed an application (including an application filed with a job security office) under paragraph (1) receives unemployment benefits (excluding the number of days during which he or she receives injury and sickness benefits paid in lieu of unemployment benefits pursuant to Article 63 (1) and (2) of the Employment Insurance Act) is accrued to 30 days, the NPS shall give a notice of payment in writing, specifying the employee contributions (referring to a pension premium obtained by subtracting the amount subsidized pursuant to the latter part of Article 19-2 (3) of the Act from the pension premium payable by the applicant pursuant to the former part of that paragraph; hereinafter the same shall apply) for the relevant month (hereinafter referred to as "month of unemployment benefits for which he or she pays the pension premium"), deadline for payment, etc., as prescribed by Ministerial Decree of the Health and Welfare. <Amended on Nov. 29, 2016> |
| (3) | If an applicant fails to pay an employee contribution notified under paragraph (2) after 3 months have elapsed from the date of termination of job-seeking benefits, the application under paragraph (1) shall be deemed withdrawn. |
| (4) | If the period of coverage has been additionally included even though an applicant has failed to meet the requirements under Article 19-2 (1) of the Act, the Service shall revoke such additional inclusion and return the employee contribution paid for the relevant period. In such cases, the Service shall return the employee contribution paid, together with an amount calculated by multiplying that contribution by the interest rate for additional refund of national taxes under Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes, for the period from the day immediately following the date of payment to the date of return. |
| (5) | Notwithstanding Article 73, if an applicant so requests, the Service shall credit any overpaid employee contribution paid by the applicant after receiving a notice under paragraph (2) to the unpaid amount of the employee contribution. In such cases, the latter part of paragraph (4) shall apply mutatis mutandis to the return of any remaining amount after the crediting. <Added on Jan. 23, 2024> |
[This Article Added on Jun. 30, 2015]
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| Article 25-4 (Basic pension amount for additional inclusion of period of coverage for unemployment) |
The basic pension amount for the period of coverage additionally included under the main clause of Article 19-2 (1) of the Act shall be calculated as follows: <Amended on Dec. 31, 2019>
| 1. | Where an applicant files an application under Article 25-3 (1) before the month of job-seeking benefits for which they pay the pension contribution and pays the employee contribution by the deadline for payment under Article 25-3 (2): The amount calculated under Article 51 (1) of the Act based on the year including the month of job-seeking benefits for which they pay the pension contribution; |
| 2. | Where an applicant files an application under Article 25-3 (1) before the month of job-seeking benefits for which they pay the pension contribution and pays the employee contribution after the deadline for payment under Article 25-3 (2): The amount calculated under Article 51 (1) of the Act based on the year including the month in which they pay the employee contribution; |
| 3. | Where an applicant files an application under Article 25-3 (1) after the month of job-seeking benefits for which they pay the pension contribution: The amount calculated under Article 51 (1) of the Act based on the year including the month in which they pay the employee contribution. |
[This Article Added on Jun. 30, 2015]
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| Article 25-5 (Scope of subsidization of pension contributions following additional inclusion of period of coverage for unemployment) |
| (1) | The Minister of Health and Welfare shall determine and publicly notify the scope of subsidization of pension contributions under the latter part of Article 19-2 (3) of the Act, within the limit of 3/4 of the pension contributions under the former part of that paragraph. |
| (2) | Under the latter part of Article 19-2 (3) of the Act, the ratio borne by the general account, the National Pension Fund under Article 101 of the Act, and the Employment Insurance Fund under Article 78 of the Employment Insurance Act shall be determined through consultation between the Minister of Health and Welfare and the Minister of Employment and Labor. |
[This Article Added on Jun. 30, 2015]
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| Article 25-6 (Entrustment of affairs regarding additional inclusion of period of coverage for unemployment) |
The Service shall, under Article 19-2 (5) of the Act, entrust an employment security office with the affairs of receiving applications for additional inclusion of the period of coverage for unemployment under the main clause of Article 19-2 (1) of the Act, if an applicant files such application while filing a report on unemployment or a report on recognition of unemployment under Articles 42 and 44 of the Employment Insurance Act. <Amended on Nov. 29, 2016>
[This Article Added on Jun. 30, 2015]
CHAPTER III NATIONAL PENSION SERVICE
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| Article 26 (Matters for deliberation and resolution of the board of directors) |
The board of directors of the Service shall deliberate on and resolve the following matters:
| 1. | Matters relating to budgets and the settlement of accounts; |
| 2. | Matters relating to amendments to the articles of incorporation; |
| 3. | Matters relating to the acquisition, management, and disposal of major property; |
| 4. | Matters relating to business operation plans or other basic policies for the operation of the Service; |
| 5. | Matters relating to criteria, methods, etc. for calculating the recommended monthly income for reporting; |
| 6. | Matters relating to the plan for verifying the annual income of individually insured persons and individually, voluntarily and continuously insured persons; |
| 7. | Matters relating to the enactment, amendment, and repeal of rules and regulations. |
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| Article 27 (Meetings of the board of directors) |
| (1) | Meetings of the board of directors shall be classified into regular meetings and extraordinary meetings. |
| (2) | Regular meetings shall be convened by the chairperson and held in February and October each year. |
| (3) | Extraordinary meetings shall be convened by the chairperson if they deem it necessary or if at least 3 directors (including standing directors; hereinafter the same shall apply) so request. |
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| Article 28 (Preparation and keeping of minutes of the board of directors) |
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| Article 29 (Business operation plan and budget) |
| (1) | The Service shall, in accordance with the business operation guidelines and budget preparation guidelines determined by the Minister of Health and Welfare, submit to the Minister a business operation plan and a budget for each fiscal year by 2 months before the commencement of the fiscal year. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | A business operation plan and a budget submitted under paragraph (1) shall be accompanied by annexed documents necessary to clarify their details, including detailed plans for each major project, an estimated statement of financial position, and an estimated statement of profit and loss. <Amended on Jul. 2, 2019> |
| (3) | The Minister of Health and Welfare shall approve the business operation plan and a budget submitted under paragraph (1) before the commencement of the fiscal year. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
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| Article 30 (Temporary borrowing and appropriation by transfer) |
| (1) | If the Service intends to make a temporary borrowing under Article 44 (1) of the Act, it shall submit to the Minister of Health and Welfare a written statement specifying the grounds for and methods of borrowing, the interest rate, the method of repayment, and other relevant details. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | If the Service intends to make an appropriation from the Fund by transfer under Article 44 (3) of the Act, it shall submit to the National Pension Fund Management Committee under Article 103 of the Act (hereinafter referred to as the "Management Committee") a written statement specifying the grounds for and the amount of such appropriation and other relevant details. |
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| Article 31 (Welfare programs) |
| (1) | The Service may implement the following welfare programs under Article 46 (1) of the Act: <Amended on Apr. 30, 2009> |
| 1. | Establishment, supply, lease, and operation of welfare facilities for senior citizens, establishment and operation of sports facilities as auxiliary facilities of such welfare facilities, and lending of funds therefor; |
| 2. | Establishment and operation of welfare facilities for children, persons with disabilities, and others, and lending of funds therefor; |
| 3. | Establishment and operation of hospitals, recreation facilities, or nursing facilities, and lending of funds therefor; |
| 4. | Lending of funds for stabilization of livelihood; |
| 5. | Lending of student loans; |
| 6. | Lending of funds for the installation of welfare facilities within small- and medium-sized workplaces that are workplaces subject to mandatory coverage; |
| 7. | Lending of funds for purchasing or leasing houses on a deposit basis. |
| (2) | The Service may, under Article 46 (5) of the Act, allow a person who is or was an insured person, or a person other than one entitled to benefits, to use welfare facilities under paragraph (1) 1 through 3, to the extent that it does not interfere with the operations of the Service. <Amended on Apr. 30, 2009; Jun. 30, 2015> |
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| Article 32 (Lending programs) |
| (1) | Under Article 46 (3) of the Act, the Service may lend funds to a person who is or was an insured person, within the limit of an amount equivalent to 80/100 of the pension contributions they have paid. <Amended on Apr. 30, 2009> |
| (2) | Necessary matters for the interest rate, period, criteria, and procedures for lending shall be determined and publicly notified by the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
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| Article 32-2 (Special cases concerning acquisition of land for installation of welfare facilities) |
"Public institutions prescribed by Presidential Decree" in Article 46-2 of the Act means local government-invested public corporations established under Article 49 of the Local Public Enterprises Act.
[This Article Added on Apr. 30, 2009]
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| Article 32-3 Deleted. <Dec. 22, 2015> |
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| Article 33 (Entrustment of affairs) |
| (1) | The scope of affairs that the Service may entrust under Article 47 (2) of the Act and the persons who may be entrusted with such affairs by the Service shall be as follows: <Amended on May 27, 2008; Apr. 30, 2009; Aug. 17, 2010; Jun. 30, 2015> |
| 1. | Affairs relating to the receipt of repayments of loans, pension contributions under the former part of Article 19-2 (3) of the Act, amounts to be recovered under Article 57 of the Act, amounts to be returned under Article 78 (1) of the Act, deferred pension contributions under Article 92 (1) of the Act, or amounts received by the Service through subrogation under Article 114 (1) of the Act, and the payment of benefits and loans: Postal service offices, financial institutions, or non-profit corporations engaged in finance-related services; |
| 2. | Affairs relating to the receipt, etc. of applications for acquisition or loss of insured status: The insurer of the National Health Insurance or the head of a local government; |
| 3. | Businesses for the establishment and operation of welfare facilities, such as welfare facilities for senior citizens and their auxiliary sports facilities, children's welfare facilities, and welfare facilities for persons with disabilities, and for the establishment and operation of hospitals, recreation facilities, or nursing facilities: Social welfare corporations under the Social Welfare Program Act, public enterprises and quasi-governmental institutions under the Act on the Management of Public Institutions, the National Agricultural Cooperatives Federation, the National Federation of Fisheries Cooperatives, and the National Forestry Cooperatives Federation under the Agricultural Cooperatives Act, the Fisheries Cooperatives Act, and the Forestry Cooperatives Act, respectively, religious organizations, or other persons who operate the same kind of business. |
| 4. | Deleted. <Aug. 17, 2010> |
| (2) | The Service may pay commissions to persons entrusted with affairs under paragraph (1). |
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| Article 34 (Enactment of regulations) |
If the Service intends to enact or amend any regulation regarding its internal organization, personnel management, remuneration of executive officers and employees, audit, or the management and operation of the Fund, it shall obtain approval from the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jul. 2, 2019>
CHAPTER IV PENSION BENEFITS
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| Article 35 (Issuance of national pension benefit certificate) |
The Service shall issue a national pension benefit certificate to a person entitled to benefits, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Nov. 29, 2016>
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| Article 36 (Annual revaluation rate) |
When the Minister of Health and Welfare publicly notifies the annual revaluation rate under Article 51 (1) 2 of the Act (hereinafter referred to as "revaluation rate"), it shall each year be determined based on the value obtained by dividing the amount calculated under subparagraph 1 by the amount calculated under subparagraph 2 (rounded to the third decimal place). In such cases, it shall undergo prior deliberation by the National Pension Review Committee. <Amended on Feb. 29, 2008; Mar. 15, 2010; Dec. 19, 2017>
| 1. | The amount calculated under Article 51 (1) 1 of the Act; |
| 2. | The amount calculated for each revaluation year by applying mutatis mutandis the calculation method under Article 51 (1) 1 of the Act. |
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| Article 37 (Applicable period for calculation of basic pension amount) |
The amount calculated under Article 51 (1) 1 of the Act and the revaluation rate under Article 36 shall apply to persons entitled to benefits whose benefit payments commence during the period from January to December of the relevant year. <Amended on Jan. 22, 2019>
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| Article 38 (Criteria for recognition of maintenance of livelihood of persons entitled to additional pension amount for dependents) |
The criteria for recognition of persons entitled to an additional pension amount for dependents under Article 52 (1) of the Act shall be as provided in Appendix 1.
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| Article 38-2 (Criteria for recognition of disability for persons entitled to additional pension amount for dependents and survivors' pension) |
"Degree of disability prescribed by Presidential Decree" in subparagraph 2 of Article 52-2 of the Act means a state corresponding to a person with a severe degree of disability under Article 2 (2) of the Enforcement Decree of the Act on Welfare of Persons with Disabilities.
[This Article Added on Aug. 16, 2023]
[Previous Article 38-2 moved to Article 38-3 <Aug. 16, 2023>]
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| Article 38-3 (Methods and procedures for applying for exclusive account for the receipt of benefits) |
| (1) | A person who intends to receive benefits through an exclusive account for the receipt of benefits under Article 54-2 (1) of the Act shall submit to the Service a request for payment of benefits (including an application for repayment of an old-age pension and a report on changes in entitlement to survivors' pension), stating the account number of the exclusive account for the receipt of benefits. The same shall apply if the person changes the exclusive account for the receipt of benefits. |
| (2) | If a financial institution where a beneficiary has opened an exclusive account for the receipt of benefits becomes unable to conduct normal business due to permanent closure, suspension of business, or information and communications failure, or if the transfer of benefits is impossible for other unavoidable reasons equivalent thereto, the Service shall, upon the beneficiary's request, pay benefits through a changed exclusive account for the receipt of benefits opened in another financial institution; provided, if the beneficiary is unable to open such account in another financial institution and wishes so, the Service may pay benefits in cash through a financial institution it designates. |
[This Article Added on Jun. 30, 2015]
[Moved from Article 38-2 <Aug. 16, 2023>]
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| Article 39 (Persons entitled to unpaid benefits) |
Persons who have run away from home or gone missing and are not paid unpaid benefits under the proviso of Article 55 (1) of the Act, and siblings who are paid unpaid benefits and whose livelihood is maintained by a person entitled to benefits shall be as provided in Appendix 1.
[This Article Wholly Amended on Jun. 29, 2012]
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| Article 40 (Method of payment of unpaid benefits) |
If at least 2 persons are in the same priority position to receive unpaid benefits under Article 55 (2) of the Act, the method of payment shall be as follows: <Amended on Dec. 8, 2011>
| 1. | A claim filed by 1 person among those in the same priority position shall be deemed a claim made only for the portion payable to that person; |
| 2. | If the persons in the same priority position, or their legal representative, appoint a representative to receive all or part of the benefits on their behalf, the representative may file a claim for all or part of the unpaid benefits corresponding to those persons in the same priority position. |
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| Article 41 (Notice of amount to be recovered) |
| (1) | If a cause for the recovery of benefits arises under Article 57 (1) of the Act, the Service shall determine the amount to be recovered (including interest under Article 57 (2) of the Act; hereinafter referred to as "amount to be recovered") and issue a notice thereof, specifying a period of at least 20 days. <Amended on Jun. 29, 2012; Nov. 29, 2016> |
| (2) | If the amount to be recovered is not paid by the deadline under paragraph (1), the Service shall demand payment of the amount to be recovered by specifying a period of at least 20 days. <Amended on Jun. 29, 2012> |
| (3) | The amount to be recovered may be paid in monthly installments, as follows: <Amended on Jun. 29, 2012> |
| 1. | Where the amount to be recovered (based on the date of application for payment in installments; hereafter in this paragraph the same shall apply) is at least 200,000 won but less than 400,000 won: Up to 2 installments; |
| 2. | Where the amount to be recovered is at least 400,000 won but less than 1.2 million won: Up to 4 installments; |
| 3. | Where the amount to be recovered is at least 1.2 million won but less than 3.6 million won: Up to 12 installments; |
| 4. | Where the amount to be recovered is at least 3.6 million won: Up to 36 installments. |
| (4) | If a person liable to pay the amount to be recovered under Article 57 (1) of the Act pays the amount in installments under paragraph (3), they shall pay each installment by the deadline for payment specified in paragraph (1) every month, starting from the month following the month that includes the date of application for installment payment. In such cases, except where the amount to be recovered arises from reasons attributable to the Service, the person shall pay, in addition to each installment, an amount calculated by multiplying the installment amount by the interest rate on a 1-year deposit for the period from the month that includes the date of application for installment payment to 1 month before the month that includes the date of the installment payment. <Added on Jun. 30, 2015; Nov. 29, 2016; Nov. 30, 2021> |
| (5) | If a person fails to pay the amount to be recovered under paragraph (3) for at least 3 consecutive months, the Service may recover the entire amount at once. <Amended on Jun. 29, 2012; Jun. 30, 2015> |
[Title Amended on Jun. 29, 2012]
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| Article 42 (Interest to be added in recovery of pension benefits) |
| (1) | Under the main clause of Article 57 (2) of the Act, the period for calculating interest to be added to the benefits shall be the number of months from the month that includes the date of payment of the benefits to the month immediately preceding the month that includes the date of issuing a notice of the amount to be recovered, and the interest accrued thereafter shall be calculated by adding the interest calculated on a yearly basis to the benefits paid. <Amended on Jun. 29, 2012> |
| (2) | The interest rate applicable to the calculation period under paragraph (1) shall be as follows: <Amended on Jun. 29, 2012> |
| 1. | In the cases of Article 57 (1) 1 of the Act: The interest rate on a 3-year time deposit; |
| 2. | In the cases of Article 57 (1) 2 of the Act: The interest rate on a 1-year time deposit. |
[Title Amended on Jun. 29, 2012]
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| Article 42-2 (Exemption from collection of late-payment interest in recovery of pension benefits) |
Under the proviso of Article 57 (3) of the Act, the Service need not collect late-payment interest in the following cases:
| 1. | Where payment is in arrears due to war or an armed conflict; |
| 2. | Where payment is in arrears due to a disaster, such as fire. |
[This Article Added on Jun. 29, 2012]
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| Article 43 (Exemption from collection of amount to be recovered) |
Under the proviso of Article 57 (1) of the Act, the Service need not collect any amount to be recovered if it is less than 3,000 won. <Amended on Jun. 29, 2012; Nov. 29, 2016>
[Title Amended on Jun. 29, 2012; Nov. 29, 2016]
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| Article 44 (Amount exempt from attachment of paid benefits) |
Under Article 58 (2) of the Act, the amount of benefits paid to a person entitled to benefits that is not subject to attachment shall be the amount prescribed in the main clause of Article 2 of the Enforcement Decree of the Civil Execution Act. <Amended on Dec. 8, 2011>
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| Article 45 (Income-earning work) |
| (1) | "Income-earning work prescribed by Presidential Decree" in Articles 61 (2) and 63-2 of the Act shall mean work generating income, if the amount obtained by dividing the aggregate of the following incomes by the number of months the person is engaged in the activity (referring to the number of months engaged in the relevant year, and any period of less than 1 month shall be deemed 1 month) exceeds the amount calculated under Article 51 (1) 1 of the Act: <Amended on Dec. 8, 2011; Jun. 29, 2012> |
| 1. | Deleted; <Aug. 17, 2010> |
| 2. | Business income under Article 19 (2) of the Income Tax Act; |
| 3. | Wage and salary income under Article 20 (2) of the Income Tax Act. |
| (2) | If the Service calculates the amount of income under paragraph (1), it shall, for the year in which entitlement to an old-age pension under Article 61 of the Act (hereafter in this paragraph referred to as "entitlement to a pension") arises, calculate the amount of income based on the amount obtained by dividing the aggregate of the amounts in each of the following subparagraphs by the number of months during which the person has engaged in income-earning activities from the month following the month that includes the date on which entitlement to a pension arises; provided, if the month that includes the date on which entitlement to a pension arises is December, it shall calculate the amount of income based on the amount of income in the following year and the number of months during which the person has engaged in income-earning activities: <Added on Oct. 15, 2014> |
| 1. | Business income under Article 19 (2) of the Income Tax Act: The aggregate of business incomes generated from the month following the month that includes the date on which entitlement to a pension arises; |
| 2. | Wage and salary income under Article 20 (2) of the Income Tax Act: The aggregate of the following amounts: |
| a. | Monthly income: The aggregate of income generated from the month following the month in which entitlement to a pension arises; |
| b. | Income paid at a specific point in time by fixing a period for payment, such as quarterly payment (hereafter in this subparagraph referred to as "regular income"): The amount calculated by multiplying an amount converted to a monthly-based amount, which is obtained by dividing regular income paid from the month following the month in which entitlement to a pension arises by the period for payment, by the period for payment from the month following the month in which entitlement to a pension arises; |
| c. | Income paid at a specific point in time without fixing a period for payment (hereafter in this subparagraph referred to as "temporary income"): The amount calculated by multiplying an amount converted to a monthly-based amount, which is obtained by dividing temporary income accrued from the month following the month in which entitlement to a pension arises by the number of months during which the person has engaged in income-earning activities within the relevant year (only applicable to the period engaged in the workplace where temporary income is generated), by the number of months during which the person has engaged in income-earning activities (only applicable to the period engaged in the workplace where temporary income is generated) from the month following the month in which entitlement to a pension arises. |
| (3) | If the Service pays pension to a person entitled to an old-age pension under Article 61 of the Act, it may, based on data provided by the State, etc. under Article 123 (2) of the Act, reduce the amount of pension for the relevant year or suspend the payment of pension; provided, this shall not apply if the person entitled to the pension submits objective data proving their income for the relevant year. <Added on Dec. 8, 2011; Oct. 15, 2014; Nov. 29, 2016> |
| (4) | The Service shall, after the final return on the tax base of global income is filed under Article 70 of the Income Tax Act, determine the amount to be reduced or the amount of suspended payment for the relevant year, and shall adjust the difference by adding or deducting the relevant amount when paying pension; provided, if no amount is payable due to the death of the person entitled to the pension, suspension of the total payment, or any other reason, it shall collect the difference under Article 41. <Added on Dec. 8, 2011; Oct. 15, 2014> |
| (5) | If the Service deducts the difference in settlement amounts under the main clause of paragraph (4), the amount to be deducted each month shall not exceed 1/2 of the monthly pension paid (1/5 if a person entitled to pension who has no business income under Article 19 (2) of the Income Tax Act or wage and salary income under Article 20 (2) of that Act so requests). <Added on Nov. 30, 2021> |
법령 이단보기
| Article 45-2 (Marriage period excluded from calculation of divided pension) |
| (1) | In calculating the marriage period under Article 64 (1) of the Act, any of the following periods shall be excluded from the marriage period: |
| 1. | The period of disappearance under Article 27 (1) of the Civil Act; |
| 2. | The period during which the person's domicile is registered as unknown under Article 20 (6) of the Resident Registration Act. |
| (2) | Notwithstanding paragraph (1), if any of the following periods exists, such period shall prevail: |
| 1. | The period agreed between the parties to divorce as one during which a de facto marital relationship did not exist; |
| 2. | The period recognized by a court judgment, etc. as one during which a de facto marital relationship did not exist. |
| (3) | If a person entitled to an old-age pension under Article 61 of the Act or a person entitled to a divided pension under Article 64 (1) of the Act has any period falling under paragraph (1) or (2), they shall file a report on such period with the Service. |
| (4) | Details necessary for the procedures and methods for reporting under paragraph (3) shall be prescribed by Decree of the Ministry of Health and Welfare. |
[This Article Added on Jun. 19, 2018]
법령 이단보기
| Article 46 (Disability grade) |
| (1) | The criteria for the classification of disability grades under Article 67 (4) of the Act shall be as specified in Appendix 2. <Amended on Nov. 29, 2016> |
| (2) | The Service shall examine the degree of disability to determine a disability grade. |
| (3) | The Service may appoint disability examination commissioners or advisory physicians to ensure the proper examination of the degree of disability. |
| (4) | Matters necessary for the qualifications of disability examination commissioners and advisory physicians, criteria for determining the degree of disability, etc. shall be determined and publicly notified by the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
법령 이단보기
| Article 46-2 (Change in amount of disability pension) |
"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" in Article 70 (3) 1 of the Act means the date classified as follows: <Amended on Nov. 29, 2016; Jun. 11, 2019>
| 1. | Where the cycle to review the degree of disability designated by the Service, considering the likelihood of changes in the degree of disability, arrives: The last day of the month in which the date such cycle arrives falls; |
| 2. | Where a person fails to submit data related to the review although the cycle to review the degree of disability under subparagraph 1 has arrived, and later submits such data after the payment of a disability pension is suspended under Article 86 (1) of the Act: The date the relevant data are submitted; |
| 3. | Where a person files a request for payment of a disability pension after the month following the month in which the reference date for determining disability under Article 67 (2) of the Act falls: The date the request for payment of a disability pension is filed. |
[This Article Added on Jun. 29, 2012]
법령 이단보기
| Article 47 (Criteria for recognition of maintenance of livelihood of persons eligible to receive survivors' pension) |
The criteria for recognition of persons eligible to receive a survivors' pension under Article 73 (1) of the Act had their livelihood maintained by a person who is or was insured shall be as specified in Appendix 1.
법령 이단보기
| Article 48 (Method of payment of survivors' pension) |
If 2 or more survivors exist in the same priority position under Article 73 (3) of the Act, Article 40 shall apply mutatis mutandis to the method of payment of the survivors' pension.
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| Article 49 (Income-earning activities by spouse entitled to survivors' pension) |
If a spouse is entitled to a survivors' pension, Article 45 shall apply mutatis mutandis to the scope of income-earning activities that cause the payment of the relevant pension to be suspended under Article 76 (1) 3 of the Act, and to the suspension, settlement, etc. of such pension. <Amended on Jun. 29, 2012>
법령 이단보기
| Article 49-2 (Suspension of survivors' pension) |
| (1) | "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)" in Article 76 (9) of the Act means the following cases: |
| 1. | Where the whereabouts of the spouse who is a person entitled to a survivors' pension are unknown for at least 1 year, and if the spouse has no child who is a survivor eligible to apply for suspension of payment under Article 76 (2) of the Act, or such child does not file an application for suspension of payment; |
| 2. | Where there are at least 2 persons other than the spouse who are persons entitled to a survivors' pension, and where the whereabouts of some or all of them are unknown for at least 1 year, and if there is no person eligible to file an application for suspension of payment under Article 76 (3) of the Act, or other persons entitled to a survivors' pension do not file such an application; |
| 3. | Where there is 1 person other than the spouse who is a person entitled to a survivors' pension, and the whereabouts of such person are unknown for at least 1 year. |
| (2) | Article 56-2 (1) and (2) shall apply mutatis mutandis to the procedures for suspending payment of a survivors' pension under Article 76 (9) of the Act: |
[This Article Added on Jun. 21, 2022]
법령 이단보기
| Article 50 (Calculation of lump-sum refunds) |
The Service shall compute the interest to be added to a lump-sum refund when calculating a lump-sum refund under Article 77 (2) or Article 116 (1) of the Act, by multiplying the pension contribution (including deferred pension contributions under Article 92 of the Act) by the interest rate on 3-year time deposits (where the interest rate changes during the period for calculating interest, or if interest rates differ among banks, the applicable rate shall be the average interest rate applied by banks conducting business throughout the country among those established under the Banking Act as of January 1 of the relevant year) for the relevant period, for the period from the month following the month in which such contribution is paid to the month in which any of the following dates falls: <Amended on Dec. 8, 2011; Oct. 15, 2014>
| 1. | Where the Service calculates a lump-sum refund under Article 77 (2) of the Act: The date on which a ground falling under any subparagraph of Article 77 (1) of the Act arises; |
| 2. | Where the Service calculates a lump-sum refund under Article 116 (1) of the Act: Any of the following dates: |
| a. | Where a lump-sum refund is paid under Article 67 (1) 1 of the previous Act (referring to the provisions amended by the National Welfare Pension Act (Act No. 3902) and subsequently repealed by the National Pension Act (Act No. 5623)), it shall be the date on which 5 years have elapsed from the date a cause for the payment of a lump-sum refund to a person entitled thereto arose, and if the person reaches age 60 before 5 years elapse, emigrates overseas, loses their nationality, or becomes insured under another public pension, it shall be the date the relevant cause for payment arose; |
| b. | Where a lump-sum refund is paid under Article 77 (1) 3 of the Act and Article 67 (1) 4 of the previous Act (referring to the provisions amended by the National Pension Act (Act No. 6027)), it shall be the date the relevant cause for payment arose. |
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| Article 51 (Method of payment of lump-sum refund) |
If there are at least 2 survivors in the same priority order to be paid a lump-sum refund under Article 77 (3) of the Act, Article 40 shall apply mutatis mutandis to the payment method.
법령 이단보기
| Article 52 (Deadline for payment of amount to be returned) |
| (1) | A person who has received a lump-sum refund under Article 78 (1) of the Act shall pay to the Service the lump-sum refund and the interest thereon (hereinafter referred to as the "amount to be returned") by the end of the month immediately following the month in which the date of application for payment of the amount to be returned falls, if repaid in lump sum, or by the end of each month from the month immediately following the month in which the date of application for payment of the amount to be returned falls, if repaid in installments. |
| (2) | If the Service allows the amount to be returned to be made in installments under Article 78 (2) of the Act, it shall, at the request of the person obligated to make repayment, divide the amount into monthly installments corresponding to the number of months counted toward the period of coverage, within the frequency prescribed in the following subparagraphs: <Amended on Dec. 8, 2011> |
| 1. | Where the period of coverage is less than 1 year: Three installments; |
| 2. | Where the period of coverage is at least 1 year but less than 5 years: 12 installments; |
| 3. | Where the period of coverage is at least 5 years: 24 installments. |
| (3) | Interest to be added to a lump-sum refund under Article 78 (1) and (2) of the Act shall be calculated by the following applicable methods; in such cases, if the period for calculating interest exceeds 1 year, the interest shall be calculated on a yearly basis, and the interest thus calculated shall be added to the principal, after which the subsequent interest shall be calculated again: <Amended on Dec. 8, 2011> |
| 1. | For lump-sum payment: The amount calculated with regard to a lump-sum refund based on the interest rate on a 1-year time deposit applied during the period from the month in which the lump-sum refund is paid to the month immediately preceding the month in which an application for payment of the amount to be returned is filed; |
| 2. | For payment in installments: The amount calculated with regard to each installment based on the interest rate on a 1-year time deposit applied during the period from the month in which the lump-sum refund is paid to the month immediately preceding the month in which the payment in installments is made. |
| (4) | Matters necessary for filing an application for payment of the amount to be returned shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Dec. 8, 2011> |
| (5) | Deleted. <Dec. 8, 2011> |
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| Article 53 (Persons eligible to receive lump-sum death payments) |
Persons who are not paid a lump-sum death payment under the proviso of Article 80 (1) of the Act due to circumstances such as running away from home or going missing, and collateral blood relatives within the fourth degree who are eligible to receive a lump-sum death payment and whose livelihood was supported by an insured person under the National Pension or a former insured person shall be as specified in Appendix 1.
[This Article Wholly Amended on Jun. 29, 2012]
법령 이단보기
| Article 54 (Method of payment of lump-sum death payment) |
If there are at least 2 persons in the same priority order to be paid a lump-sum death payment under Article 80 (4) of the Act, Article 40 shall apply mutatis mutandis to the payment method. <Amended on Jun. 29, 2021>
법령 이단보기
| Article 55 (Restriction on payment of benefits) |
The scope of benefits that may not be paid if the payment of benefits is restricted under Article 82 (2) of the Act shall be classified as follows:
| 1. | Where a person fails to follow medical instructions by intention or gross negligence: From 800/1,000 to 1,000/1,000 of the benefits; |
| 2. | Where a person fails to follow medical instructions without good cause: From 500/1,000 to 800/1,000 of the benefits. |
법령 이단보기
| Article 56 (Temporary suspension of payment) |
| (1) | If the Service intends to temporarily suspend the payment of benefits under Article 86 (2) of the Act, it shall demand, in writing, that the person entitled to benefits take necessary measures to eliminate the cause for such suspension, by fixing a period of at least 10 days. |
| (2) | If a person demanded under paragraph (1) fails to take necessary measures within the prescribed period, the payment of benefits shall be temporarily suspended by fixing a period not exceeding 3 years from the following month. |
| (3) | If a person whose payment of benefits is temporarily suspended under paragraph (1) takes necessary measures during the suspension period, the temporary suspension shall be lifted immediately, and the benefits not paid during such period shall be paid. |
| (4) | If the payment of benefits is suspended under Article 86 (1) of the Act with respect to a person who fails to take necessary measures during a period of temporary suspension of payment under paragraph (2), the payment shall be suspended for a period including the period of temporary suspension of payment. |
법령 이단보기
| Article 56-2 (Suspension of payment for persons whose whereabouts are unknown) |
| (1) | If the Service intends to suspend the payment of benefits under Article 86-2 (1) of the Act, it shall ascertain whether the whereabouts of the person entitled to benefits are unknown; provided, this shall not apply where an examination and inquiries under Article 122 of the Act or a verification survey under Article 122-2 confirms that the whereabouts of the person entitled to benefits are unknown. |
| (2) | If it is confirmed under paragraph (1) that the whereabouts of the person entitled to benefits are unknown, the Service shall send a written notice, by fixing a period of at least 10 days, requiring that the whereabouts be identified and stating that the payment of benefits will be suspended if the whereabouts remain unidentified, to the last address, etc. recorded on the resident registration card of the relevant person entitled to benefits; and if it is impossible to send the notice, the Service shall make a public announcement of the details thereof on the bulletin board or the website of the Service. |
| (3) | If the Service revokes the suspension of payment after confirming the death of a person entitled to benefits under Article 86-2 (3) of the Act, it shall pay the benefits not paid during the period of suspension of payment in accordance with Article 55 of the Act. |
[This Article Added on Jun. 21, 2022]
[Previous Article 56-2 moved to Article 56-3 <Jun. 21, 2022>]
CHAPTER V SHARING OF EXPENSES AND COLLECTION OF PENSION CONTRIBUTIONS
법령 이단보기
| Article 56-3 (Payment of retroactive pension contributions in installments) |
| (1) | If the amount of pension contribution to be additionally paid under Article 88 (5) of the Act (hereinafter referred to as "retroactive pension contribution") is not less than the amount of pension contribution payable for the relevant month, an insured person or an employer may apply for payment of the retroactive pension contribution in installments. <Amended on Nov. 29, 2016> |
| (2) | An insured person or an employer who intends to pay a retroactive pension contribution in installments under paragraph (1) shall submit to the Service an application form prescribed by Decree of the Ministry of Health and Welfare no later than 3 days before the deadline for payment of the retroactive pension contribution. |
| (3) | An insured person or an employer who has filed an application for installment payment of retroactive pension contributions under paragraph (2) may pay equal amounts of the retroactive pension contributions each month in no more than 10 installments. <Amended on Nov. 29, 2016> |
| (4) | The retroactive pension contributions to be paid in installments under paragraph (3) shall be paid by the 10th day of the month immediately following the month in which each notice of installment payment is issued; provided, the first installment of the retroactive pension contributions shall be paid by the deadline for payment of the retroactive pension contribution under paragraph (2). |
[This Article Added on Dec. 8, 2011]
[Moved from Article 56-2 <Jun. 21, 2022>]
법령 이단보기
| Article 57 (Scope of farmers and fishers) |
| (1) | A person who operates or is engaged in the business of agriculture, forestry, livestock farming, or fishery as prescribed in the proviso of Article 89 (1) of the Act (hereinafter referred to as "farmers or fishers") shall be those who are defined in subparagraph 2 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry or subparagraph 3 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development. <Amended on Nov. 26, 2009; Jul. 1, 2010; Dec. 22, 2015> |
| (2) | Notwithstanding paragraph (1), if a person concurrently engages in agriculture as defined in subparagraph 1 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry and fisheries as defined in item a of subparagraph 1 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development (including aquaculture as defined in subparagraph 2 of Article 2 of the Aquaculture Industry Development Act), whether they are a farmer or fisher shall be determined by aggregating the amount of sales or the period of engagement in each industry, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jul. 1, 2010; Dec. 22, 2015; Jun. 29, 2021> |
| (3) | Notwithstanding paragraphs (1) and (2), any of the following persons shall be excluded from farmer or fisher status: <Amended on Jul. 1, 2010; Dec. 31, 2019> |
| 1. | A person for whom the amount obtained by deducting the income under the subparagraphs of Article 14 (3) of the Income Tax Act from the global income under paragraph (2) of that Article is not less than the amount determined and publicly notified by the Minister of Health and Welfare; |
| 2. | A person for whom the sum of the tax bases for the property tax of land, buildings, housing, aircraft, and ships under Article 105 of the Local Tax Act is not less than the amount determined and publicly notified by the Minister of Health and Welfare. |
| (4) | A person who is a farmer or fisher under paragraphs (1) and (2) shall obtain confirmation from the head of the Si/Gun/Gu, or the head of the Eup or Myeon having jurisdiction over the location of their residence or land, as prescribed by Decree of the Ministry of Health and Welfare; provided, this shall not apply to any of the following persons: <Amended on Feb. 29, 2008; Mar. 15, 2010; Jul. 1, 2010; Oct. 15, 2014; Jun. 29, 2021; May 9, 2022; Jan. 10, 2023; Jul. 18, 2023> |
| 1. | A person who can be confirmed on the farmland ledger under Article 49 of the Farmland Act as a farmer who operates or cultivates farmland of at least 1,000 square meters; |
| 1-2. | A person whose business information on agriculture and fisheries is registered under Article 4 (1) of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities; |
| 2. | A person who has obtained permission for livestock farming business under Article 22 (1) of the Livestock Industry Act, and a person whose livestock farming business has been registered under paragraph (2) of that Article; |
| 3. | A person who has obtained a license for fishery business under Article 7 of the Fisheries Act, whose fishery right has been registered under Article 17 of that Act, who has obtained permission for fishery business under Article 40 of that Act, or who has filed a report on fishery business under Article 48 of that Act; |
| 4. | A person who has obtained an aquaculture business license under Article 10 of the Aquaculture Industry Development Act, whose aquaculture business right has been registered under Article 29 of that Act, and who has obtained permission for an aquaculture business under Article 43 of that Act. |
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| Article 58 (Advance payment and return of pension contributions) |
| (1) | A person who intends to pay pension contributions in advance under Article 89 (2) and (3) of the Act shall file an application for advance payment of pension contributions, as prescribed by Decree of the Ministry of Health and Welfare. In such cases, the period of advance payment shall not exceed 1 year, and not exceed 5 years for a person aged 50 or older at the time of filing an application for advance payment. |
| (2) | Upon receipt of an application under paragraph (1), the Service shall estimate the amount of pension contributions to be paid in advance by the applicant and determine the following matters; and the applicant for advance payment shall pay the total amount of the estimated pension contributions for advance payment under subparagraph 4 by the deadline for payment of pension contributions in the month immediately preceding the month in which the period of advance payment begins: <Amended on Jul. 2, 2019> |
| 1. | The amount of the pension contribution for the month in which the date of application for advance payment falls (hereafter in this Article referred to as "standard pension contribution"); |
| 2. | The amount reduced due to advance payment (which shall be calculated on a monthly basis by multiplying the amount of the standard pension contribution by the number of months for advance payment, and by 1/12 of the interest rate on a term deposit with 1-year maturity for the year in which the date of application for advance payment falls; hereinafter referred to as "standard reduction amount"); |
| 3. | The amount obtained by deducting the standard reduction amount from the amount of the standard pension contribution (hereafter in this Article referred to as "estimated pension contribution for advance payment"); |
| 4. | The total amount of the estimated pension contributions for advance payment, which is the aggregate of the estimated pension contributions for advance payment. |
| (3) | Upon payment of the total amount of the estimated pension contributions for advance payment under paragraph (2), the Service shall determine the following matters each month, and if the advance payment is made for 1 year or longer, it shall notify the applicant of the advance payment balance under subparagraph 4: <Amended on Jul. 2, 2019> |
| 1. | The amount of the pension contribution for the relevant month imposed on the applicant during the period of advance payment under Article 88 (2) of the Act (hereafter in this Article referred to as "settled pension contribution"); |
| 2. | The amount reduced due to advance payment (which shall be calculated by multiplying the amount of the settled pension contribution by the number of months for advance payment and by 1/12 of the interest rate on a term deposit with 1-year maturity for the relevant period; hereafter in this Article referred to as "settled reduction amount"); |
| 3. | The amount obtained by deducting the settled reduction amount from the amount of the settled pension contribution (hereafter in this Article referred to as "settled pension contribution for advance payment"); |
| 4. | The amount obtained by deducting all the settled pension contributions for advance payment accrued up to the relevant month from the total amount of the estimated pension contributions for advance payment (hereafter in this Article referred to as "advance payment balance"). |
| (4) | The settled pension contributions for advance payment determined under paragraph (3) shall be deemed to have been paid on the date prescribed in Article 89 (2) of the Act. |
| (5) | In any of the following cases, the Service shall determine the return of the advance payment balance as at the time it confirms the cause thereof, and shall return the balance to the applicant; provided, in cases falling under subparagraph 6, if the applicant agrees, the advance payment balance may be applied to the pension contribution payable for 1 month thereafter; In such cases, Article 73 (2) through (4) shall apply mutatis mutandis to the method of return: <Amended on Nov. 29, 2016> |
| 1. | Where the applicant dies; |
| 2. | Where the applicant loses nationality or emigrates overseas; |
| 3. | Where the applicant becomes excluded from eligibility for coverage under Article 6 of the Act (excluding cases where they acquire the status of a voluntarily and continuously insured person under Article 13 of the Act); |
| 4. | Where the applicant receives an old-age pension, early old-age pension, or lump-sum refund under Article 61 or 77 (1) of the Act; |
| 5. | Where the settled pension contributions for the period of advance payment are fully paid; |
| 6. | Where the advance payment balance becomes smaller than the settled pension contributions for advance payment; |
| 7. | Where the applicant files an application for return. |
[This Article Wholly Amended on Jun. 29, 2012]
법령 이단보기
| Article 59 (Provision of benefits to persons using automatic account transfer) |
The Service may, under Article 89 (4) of the Act, provide a person who pays pension contributions by automatic account transfer or automatic transfer by credit card with an amount equivalent to that saved as a result of such automatic transfer, or may provide money, valuables, or free gifts, etc. by drawing lots. <Amended on Jun. 29, 2021>
[Title Amended on Jun 29, 2021]
법령 이단보기
| Article 59-2 (Scope of transferees) |
The scope of transferees under the latter part of Article 90-2 (2) of the Act shall mean a person who has comprehensively succeeded to all rights (excluding those relating to accounts receivable) and obligations (excluding those relating to accounts payable) relating to the business of each workplace.
[This Article Added on Dec. 22, 2015]
[Previous Article 59-2 moved to Article 59-4 <Dec. 22, 2015>]
법령 이단보기
| Article 59-3 (Value of property acquired by transfer) |
| (1) | The value of property acquired by transfer under the latter part of Article 90-2 (2) of the Act shall be the following amounts: |
| 1. | Where the transferee of a business has paid, or is liable to pay, an amount to the transferor, such amount; |
| 2. | Where no amount under subparagraph 1 exists or the amount is unclear, the value calculated by subtracting total liabilities from total assets after the Service assesses the acquired property and liabilities by applying Articles 60 through 66 of the Inheritance and Gift Tax Act. |
| (2) | If a transferor under Article 90-2 (2) of the Act has at least 2 workplaces and a transferee acquires 1 of those workplaces by transfer, the value of the property acquired shall be the value of the property related to the workplace acquired. |
| (3) | Notwithstanding paragraph (1), in any of the following cases, the value of property acquired by transfer by a transferee shall be the larger amount of the amount under paragraph (1) 1 and the amount under paragraph (1) 2: |
| 1. | Where the difference between the amount under paragraph (1) 1 and the current price under Article 60 of the Inheritance and Gift Tax Act is at least 300 million won; |
| 2. | Where the difference between the amount under paragraph (1) 1 and the current price under Article 60 of the Inheritance and Gift Tax Act is at least the amount equivalent to 30/100 of the current price. |
[This Article Added on Dec. 22, 2015]
법령 이단보기
| Article 59-4 (Payment of pension contributions by credit card, etc.) |
| (1) | Deleted. <Dec. 19, 2017> |
| (2) | "Institutions, etc. prescribed by Presidential Decree" in Article 90-3 (1) of the Act means the following institutions: <Amended on Dec. 22, 2015> |
| 1. | The Korea Financial Telecommunications and Clearings Institute established with the permission of the Financial Services Commission under Article 32 of the Civil Act; |
| 2. | An institution designated by the Service, in consideration of its facilities, business capability, capital size, etc., among institutions performing settlement payments by credit card, debit card, etc. (hereafter in this Article referred to as "credit card, etc.") through an information and communications network. |
| (3) | The Service shall approve commissions for payment of pension contributions on behalf of payers under Article 90-3 (3) of the Act, comprehensively taking into account the operating expenses, etc. of an agency for payment of pension contributions. In such cases, the commission for payment of pension contributions shall not exceed 10/1,000 of the amount paid for the relevant pension contributions, late-payment interest, expenses of disposition for arrears, and other amounts collected (hereafter in this Article referred to as "pension contribution, etc."). <Amended on Dec. 22, 2015> |
| (4) | The Service or the Health Insurance Service may prescribe matters necessary for the payment of pension contributions, etc. by credit card, etc. |
[This Article Added on Apr. 28, 2015]
[Moved from Article 59-2 <Dec. 22, 2015>]
법령 이단보기
| Article 60 (Exceptions to payment of pension contributions) |
The cases in which pension contributions may not be paid under Article 91 (1) 7 of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 15, 2010>
| 1. | Where a person is hospitalized for at least 3 months due to a disease or injury; |
| 2. | Where a person is entitled to subsidies or assistance under the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters, Countermeasures against Natural Disasters Act, or the Disaster Relief Act; |
| 3. | Where a person's income has decreased due to a disaster, accident, etc. to the extent that payment of pension contributions is deemed to make it difficult to maintain the basic living conditions determined by the Minister of Health and Welfare. |
법령 이단보기
| Article 61 (Application for exception to payment of pension contributions) |
| (1) | If an employer or an individually insured person intends not to pay pension contributions under Article 91 (1) of the Act, they shall file an application with the Service for an exception to the payment of pension contributions, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | If the Service deems it impracticable to collect pension contributions from an individually insured person due to any cause under Article 91 (1) 2 through 6 of the Act, it may, notwithstanding paragraph (1), determine an exception to the payment of pension contributions for the period during which such cause exists; provided, where pension contributions have already been paid for all or part of such period, this shall not apply to the pension contributions so paid. |
| (3) | With respect to a person who does not pay pension contributions due to any cause under Article 91 (1) 6 or 7 of the Act, the Service shall verify whether such cause continues to exist every 1 year from the date the exception to payment of pension contributions began to apply. |
| (4) | If the grounds for exception to payment of pension contributions of a person who does not pay such contributions cease to exist, the Service shall notify the relevant insured person of such fact in advance. |
| (5) | Article 20 (1) shall apply mutatis mutandis to the criteria for determining whether the whereabouts of a person are unknown under Article 91 (1) 6 of the Act. |
| (6) | The period of exception to payment shall be from the month in which a cause for exception to payment occurs until the month in which such cause ceases to exist; provided, in any of the following cases, the period of exception to payment shall last until the month immediately preceding the month in which the cause for exception to payment ceases to exist: |
| 1. | Where the date on which the cause for exception to payment ceases to exist is the first day of such month; |
| 2. | Where the insured person desires to pay the pension contribution for the month in which the cause for exception to payment ceases to exist. |
법령 이단보기
| Article 62 (Application for payment of deferred pension contributions) |
| (1) | If an insured person intends to pay pension contributions corresponding to the whole or part of the period specified in any subparagraph of Article 92 (1) of the Act (hereinafter referred to as "deferred pension contributions"), they shall file an application for payment of deferred pension contributions with the Service, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Nov. 29, 2016> |
| (2) | If a voluntarily insured person files an application for deferred payment under the proviso of Article 92 (3) of the Act, the upper limit of the pension contribution used to calculate deferred pension contributions shall be the amount obtained by multiplying the amount calculated under Article 51 (1) 1 of the Act, based on the month in which the application for deferred payment is filed, by the rate under Article 88 (4) of the Act applicable to the month that includes the deadline (for the period from 2026 through 2032, referring to the rate applicable to each year set forth in the subparagraphs of Article 4 (2) of the Addenda to the partially amended National Pension Act (Act No. 20903)). <Added on Nov. 29, 2016; Dec. 19, 2017; Dec. 16, 2025> |
| (3) | If an insured person pays deferred pension contributions in installments under Article 92 (4) of the Act, they may, upon request, pay such contributions once a month in up to 60 installments, and the amount to be paid for each installment shall be calculated on a monthly basis. <Added on Nov. 29, 2016; Dec. 19, 2017> |
| (4) | With respect to the deadline for payment of deferred pension contributions and, where such contributions are paid in installments, Article 52 (1) and (3) shall apply mutatis mutandis to the method, additional interest, etc. In such cases, "amount to be returned" shall be construed as "deferred pension contributions". <Amended on Nov. 29, 2016> |
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| Article 63 (Imposition of pension contributions on workplace-based insured persons employed in at least 2 workplaces) |
If a workplace-based insured person is employed in, or engaged as an employer in, at least 2 workplaces subject to the National Pension, the Service shall impose pension contributions on them based on the standard monthly income for each workplace, respectively. <Amended on Aug. 17, 2010; Dec. 8, 2011>
[Title Amended on Aug. 17, 2010]
법령 이단보기
| Article 64 (Demand for payment of pension contributions) |
| (1) | When the Health Insurance Service demands payment of pension contributions by a workplace-based insured person and other amounts to be collected under Article 95 (1) of the Act, it shall issue a demand notice to the employer of the relevant workplace-based insured person within 20 days after the payment deadline. <Amended on Aug. 17, 2010> |
| (2) | When the Health Insurance Service demands payment of pension contributions by an individually insured person and other amounts to be collected under Article 95 (1) of the Act, it shall issue a demand notice to the relevant insured person within 3 months after the payment deadline. <Amended on Aug. 17, 2010> |
| (3) | When the Health Insurance Service demands payment of pension contributions, late-payment interest, and expenses of disposition for arrears from a secondary person liable for payment under Article 95 (1) of the Act, it shall issue a demand notice to the person secondarily liable to pay within 20 days after the payment deadline. <Added on Dec. 22, 2015> |
법령 이단보기
| Article 65 (Crediting of pension contributions at the time of disposition for arrears) |
If the Service collects pension contributions in arrears and other amounts to be collected in the same manner as delinquent national taxes are collected under Article 95 (4) of the Act, if, after the disposition for arrears is completed, the amount credited to the amount in arrears falls short thereof, the Service shall credit it to pension contributions and other amounts to be collected in the following order: <Amended on Aug. 17, 2010>
| 1. | Where pension contributions for at least 2 months are in arrears: In the order of late-payment interest and pension contribution of the month with the earlier payment deadline; |
| 2. | Where pension contributions for 1 month are in arrears: In the order of late-payment interest and pension contribution; |
| 3. | Notwithstanding subparagraphs 1 and 2, where a person who has failed to pay pension contributions as an individually insured person subsequently fails to pay pension contributions as a workplace-based insured person (limited to an employer other than a corporation): The credited amount shall first be applied to the late-payment interest and pension contribution of the month with the earlier payment deadline for the workplace-based insured person, and then in the order of late-payment interest and pension contribution of the month with the earlier payment deadline for the individually insured person. |
법령 이단보기
| Article 65-2 (Exception to notification before taking disposition for arrears of pension contributions) |
"Where, as prescribed by Presidential Decree" in the proviso of Article 95 (5) of the Act means where a person in arrears with pension contributions and other amounts to be collected falls under any of the following cases:
| 1. | Where the person is subject to a disposition for arrears for failure to pay national taxes; |
| 2. | Where the person is subject to a disposition for arrears for failure to pay local taxes or public charges; |
| 3. | Where the person is subject to compulsory execution; |
| 4. | Where the person is subject to a disposition of transaction suspension in a clearing house under the Bills of Exchange and Promissory Notes Act or the Check Act; |
| 5. | Where a public auction is commenced; |
| 6. | Where a corporation is dissolved; |
| 7. | Where it is deemed that there exists any act to avoid the execution of a disposition for arrears through concealment, omission, false contracts, or by other improper means. |
[This Article Added on Jun. 11, 2019]
법령 이단보기
| Article 66 (Request for sale as an agent) |
| (1) | If the Health Insurance Service, under Article 95 (6) of the Act, has 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 attached property as its agent, it shall send the Korea Asset Management Corporation a written request for sale as an agent stating the following matters: <Amended on Aug. 17, 2010; Mar. 24, 2014; Jun. 11, 2019; Nov. 30, 2021> |
| 1. | Name, and address or domicile of the person in arrears; |
| 2. | Type, quantity, quality, and location of the property to be sold; |
| 3. | Details of pension contributions and other amounts to be collected relating to the attachment, and the deadline for payment; |
| 4. | Other necessary matters. |
| (2) | The Health Insurance Service shall notify the person in arrears, any person holding a lease right on a deposit basis, pledge, mortgage, or other rights, and any person who keeps the attached property, of the fact that the sale is conducted by an agent. <Amended on Aug. 17, 2010> |
법령 이단보기
| Article 67 (Transfer of attached property) |
| (1) | When requesting a sale on its behalf under Article 66 (1), the Health Insurance Service may deliver to the Korea Asset Management Corporation the property in its possession or in the custody of a third person; provided, the delivery of property kept by a third person may be substituted by transferring a certificate of custody issued by that third person. <Amended on Aug. 17, 2010> |
| (2) | When the Korea Asset Management Corporation receives the attached property under paragraph (1), it shall prepare a certificate of transfer and receipt for the property delivered. |
법령 이단보기
| Article 68 (Request for cancellation of sale agency) |
| (1) | If any attached property remains unsold for 2 years from the date the Korea Asset Management Corporation receives a request for the sale agency from the Health Insurance Service, it may request the Health Insurance Service to cancel such request for that property. <Amended on Aug. 17, 2010> |
| (2) | The Health Insurance Service shall, upon receipt of a request for cancellation under paragraph (1), comply with the request, unless there is a compelling reason not to do so. <Amended on Aug. 17, 2010> |
법령 이단보기
| Article 69 (Notice of release of attachment) |
| (1) | If the Health Insurance Service, after having the Korea Asset Management Corporation sell the attached property on its behalf, releases the attachment of the property before the date of sale, it shall notify the Korea Asset Management Corporation of such fact without delay. <Amended on Aug. 17, 2010> |
| (2) | Upon receipt of the notice under paragraph (1), the Korea Asset Management Corporation shall, without delay, stop the sale of the property and notify the Health Insurance Service of such fact. <Amended on Aug. 17, 2010> |
법령 이단보기
| Article 70 (Details regarding agency sale) |
The Health Insurance Service shall determine details necessary for a sale conducted on its behalf by the Korea Asset Management Corporation under Article 95 (6) of the Act, which are prescribed in this Decree, in consultation with the Korea Asset Management Corporation. <Amended on Aug. 17, 2010; Jun. 11, 2019>
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| Article 70-2 (Contracts subject to certification of payment) |
"Contracts such as construction, manufacture, purchase, or services ... as prescribed by Presidential Decree" in the main clause of Article 95-2 (1) of the Act means all contracts for which payment is made for construction, manufacture, or purchase of goods, or procurement of services, etc. under Article 2 of the Act on Contracts to Which the State Is a Party, Article 2 of the Act on Contracts to Which a Local Government Is a Party, and Article 39 (3) of the Act on the Management of Public Institutions.
[This Article Added on Dec. 22, 2015]
[Previous Article 70-2 moved to Article 70-5 <Dec. 22, 2015>]
법령 이단보기
| Article 70-3 (Certification of payment) |
| (1) | A person liable for payment of pension contributions under Article 88 of the Act (hereafter in this Article and Article 70-4 referred to as the "person liable for payment") who intends to certify the payment of pension contributions, late-payment interest, and expenses of disposition for arrears under the main clause of Article 95-2 (1) of the Act shall request the Health Insurance Service to issue a document certifying that the person has no pension contributions in arrears, late-payment interest, or expenses of disposition for arrears (hereafter in this Article and Article 70-4 referred to as the "payment certificate"). <Amended on Nov. 29, 2016> |
| (2) | If, at the time a payment certificate is issued, the person liable for payment has no pension contributions in arrears, late-payment interest, or expenses of disposition for arrears, the Health Insurance Service upon receiving a request under paragraph (1) shall issue a payment certificate. In such cases, the Health Insurance Service shall issue the payment certificate within 30 days from the date it receives the request. <Amended on Nov. 29, 2016> |
| (3) | If a payment certificate is issued to a person liable for payment under paragraph (2), the person shall, without delay, submit the payment certificate to the State, a local government, or a public institution under Article 4 of the Act on the Management of Public Institutions. <Amended on Nov. 29, 2016> |
| (4) | If a person who is paid the contract price under Article 70-2 is not the original contractor, they shall submit a payment certificate according to the following classification; in such cases, paragraphs (1) through (3) shall apply mutatis mutandis to the procedures for certifying payment: <Amended on Nov. 29, 2016> |
| 1. | In cases of assignment of a claim: Payment certificates of both the assignor and the assignee; |
| 2. | In cases of an order of assignment issued by a court: A payment certificate of the execution creditor; |
| 3. | In cases where a subcontractor is directly paid a subcontract price for construction under Article 14 (1) 1 and 2 of the Fair Transactions in Subcontracting Act: A payment certificate of the subcontractor. |
[This Article Added on Dec. 22, 2015]
법령 이단보기
| Article 70-4 (Exceptions to certification of payment) |
Under the proviso of Article 95-2 (1) of the Act, a person need not certify payment in any of the following cases: <Amended on Nov. 29, 2016; Dec. 19, 2017>
| 1. | Where the Health Insurance Service is paid the price after disposition for arrears under Article 95 of the Act; |
| 2. | Where the competent court deems it difficult to proceed with bankruptcy procedures smoothly because a trustee in bankruptcy under the Debtor Rehabilitation and Bankruptcy Act has failed to obtain a payment certificate, and they request the Health Insurance Service to exempt them from submitting a payment certificate; |
| 3. | Where they intend to pay all of the price received as pension contributions in arrears, late-payment interest, and expenses of disposition for arrears, or part of the price as all pension contributions in arrears, late-payment interest, and expenses of disposition for arrears; |
| 4. | Where the price which a person liable for payment is to receive is paid as any of the following expenses or funds: |
| a. | Agency operation expenses under Article 31 of the Enforcement Decree of the Management of the National Funds Act; |
| b. | Day-to-day expenses, etc. under Article 38 (1) of the Enforcement Decree of the Local Accounting Act; |
| c. | Other funds determined and publicly notified by the Minister of Health and Welfare, which are in the nature of daily expenses; |
| 5. | Where pension contributions in arrears, late-payment interest, and expenses of disposition for arrears are not paid due to deferment of collection or deferment of realization of property due to disposition for arrears under Article 140 of the Debtor Rehabilitation and Bankruptcy Act; |
| 6. | Other cases the Minister of Health and Welfare deems necessary, such as where it is impossible to perform a contract due to the nature of the contract if procedures to certify payment are followed. |
[This Article Added on Dec. 22, 2015]
법령 이단보기
| Article 70-5 (Procedures and methods for providing data on arrears) |
| (1) | If the Health Insurance Service provides data on arrears (hereafter in this Article referred to as "data on arrears") to a centralized credit information collection agency under Article 25 (2) 1 of the Credit Information Use and Protection Act (hereinafter referred to as "centralized credit information collection agency") pursuant to the main clause of Article 95-4 (1) of the Act, it may do so in the form of documents or electronic files. |
| (2) | If data on arrears provided under paragraph (1) cease to correspond thereto due to the payment of the amount in arrears (referring to pension contributions in arrears, late-payment interest, and expenses of disposition for arrears; hereafter in this Article the same shall apply), or if a cause falling under the proviso of Article 95-4 (1) of the Act arises, the Health Insurance Service shall notify the centralized credit information collection agency of such fact within 15 days from the date such cause arises. |
| (3) | "In ... cases prescribed by Presidential Decree" in the proviso of Article 95-4 (1) of the Act means any of the following cases: |
| 1. | Where a person in arrears, whose payment of an amount in arrears is deferred under a decision granting authorization of a rehabilitation plan under Article 243 of the Debtor Rehabilitation and Bankruptcy Act, is within the period of deferment, or where the amount in arrears is being paid in accordance with the payment schedule under the rehabilitation plan; |
| 2. | Where the Health Insurance Service deems that providing data on arrears has no practical benefit, such as where a person in arrears has suffered a serious loss of property due to a disaster or other cause, or where their business faces a serious crisis. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for providing data on arrears shall be determined by the Health Insurance Service. |
[This Article Added on Jun. 29, 2021]
[Previous Article 70-5 moved to Article 70-6 <Jun. 29, 2021>]
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| Article 70-6 (Service by mail) |
If the Service or the Health Insurance Service serves documents under Articles 57-2, 88-2, and 95 of the Act by mail under the proviso of Article 96 of the Act, it may serve documents by regular mail, notwithstanding the main clause of Article 10 (2) of the Framework Act on National Taxes.
[This Article Added on Aug. 17, 2010]
[Moved from Article 70-5 <Jun. 29, 2021>]
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| Article 71 (Exceptions to collection of late-payment interest) |
The cases where late-payment interest may be not collected under Article 97 (3) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 15, 2010; Aug. 17, 2010; Nov. 29, 2016>
| 1. | Where payment is in arrears due to war or an armed conflict; |
| 2. | Where payment is in arrears due to the closure of a workplace (limited to a workplace-based insured person); |
| 3. | Where payment is in arrears due to the occurrence of a disaster, such as a fire; |
| 4. | Where a person liable for payment working at a workplace that belongs to a type of industry designated and publicly notified by the Minister of Employment and Labor under Article 32 of the Framework Act on Employment Policy and Article 29 (1) of the Enforcement Decree of that Act is in arrears; |
| 5. | Other cases in which the collection of late-payment interest is impracticable, as prescribed by Decree of the Ministry of Health and Welfare. |
[Title Amended on Aug. 17, 2010]
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| Article 72 (Accounting agency for pension contributions) |
| (1) | The president of the Health Insurance Service may appoint a revenue collection officer for pension contributions from among its standing executive directors, and may also appoint a deputy revenue collection officer for pension contributions from among its employees, to have them take charge of the collection of pension contributions and late-payment interest under Articles 88 (2) and 97 of the Act. <Amended on Aug. 17, 2010> |
| (2) | The president of the Health Insurance Service may appoint a revenue collection officer for repaid or supplementary pension contributions, etc. from among its standing executive directors, and may also appoint a deputy revenue collection officer for repaid or supplementary pension contributions, etc. from among its employees, to have them take charge of the collection and related affairs relating to amounts to be collected under the Act, other than those under paragraph (1). <Added on Aug. 17, 2010; Jun. 30, 2015> |
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| Article 72-2 (Disclosure of personal details of high-amount and habitual defaulters and reasons for exclusion from disclosure) |
| (1) | "In other cases prescribed by Presidential Decree, such as partial payment of the amount in arrears" in the proviso of Article 97-2 (1) of the Act means any of the following cases: |
| 1. | Where a person in arrears (limited to workplace-based insured persons; hereafter in this Article and Article 72-4 the same shall apply) pays not less than 30/100 of the pension contributions in arrears, late-payment interest, and expenses of disposition for arrears (hereafter in this Article referred to as "amount in arrears") within 6 months from the date of notice under Article 97-2 (3) of the Act; |
| 2. | Where, as a result of a decision granting authorization of a rehabilitation plan under Article 243 of the Debtor Rehabilitation and Bankruptcy Act, the payment of the amount in arrears is deferred for a person in arrears, and they are in the period of deferment, or where they are paying the amount in arrears according to the payment schedule under the rehabilitation plan; |
| 3. | Where the Deliberative Committee on the Disclosure of Pension Contribution Information under Article 97-2 (2) of the Act (hereinafter referred to as the "Deliberative Committee on the Disclosure of Pension Contribution Information") deems that there is no practical benefit in disclosing the personal details of a person in arrears (referring to personal details of an employer), the amount in arrears, etc. in such cases as where a person in arrears has suffered severe property loss due to a disaster or where their business is in serious crisis. |
| (2) | If the Health Insurance Service and the Deliberative Committee on the Disclosure of Pension Contribution Information deliberate on and select persons whose personal details, etc. are subject to disclosure under Article 97-2 (2) and (3) of the Act, they shall determine whether such persons are capable of making payment under Article 97-2 (1) of the Act, in comprehensive consideration of their property status, income level, age (including whether they are minors), and other relevant circumstances. |
| (3) | If the Health Insurance Service notifies a person whose personal details, etc. are subject to disclosure under Article 97-2 (3) of the Act, it shall urge them to pay the amount in arrears, and if there exist any grounds for exclusion from disclosure of personal details, etc. under the proviso of paragraph (1) of that Article, the Service shall guide them to submit explanatory materials thereto. |
| (4) | If the Health Insurance Service publicly discloses the personal details, etc. of a person in arrears under Article 97-2 (4) of the Act, it shall disclose their name or trade name (where the person in arrears is a corporation, including the name of the corporation and the name of its representative), age, type of business, occupational category, address, payment deadline, amount in arrears, and period of arrears. <Amended on Jan. 23, 2024> |
[This Article Added on Apr. 16, 2013]
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| Article 72-3 (Organization and operation of the Deliberative Committee on the Disclosure of Pension Contribution Information) |
| (1) | The Deliberative Committee on the Disclosure of Pension Contribution Information shall be comprised of 11 members including 1 chairperson. |
| (2) | The chairperson of the Deliberative Committee on the Disclosure of Pension Contribution Information shall be the standing executive director of the Health Insurance Service in charge of collecting pension contributions, and the president of the Health Insurance Service shall appoint or commission the following persons as members of the Committee: |
| 1. | One staff member of the Service; |
| 2. | Three staff members of the Health Insurance Service; |
| 3. | One State public official of Grade III or Grade IV belonging to the Ministry of Health and Welfare who is in charge of duties related to the collection of pension contributions; |
| 4. | One State public official of Grade III or Grade IV belonging to the National Tax Service; |
| 5. | Four persons that have much knowledge of and experience in law, accounting, or social insurance. |
| (3) | Each member under paragraph (2) 1 through 4 shall hold office for a term corresponding to their tenure, and each member under paragraph (2) 5 shall serve for a term of 2 years, which may be renewed once. |
| (4) | A majority of the members of the Deliberative Committee on the Disclosure of Pension Contribution Information shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (5) | Except as provided in paragraphs (1) through (4), matters Necessary matters for the organization and operation of the Deliberative Committee on the Disclosure of Pension Contribution Information shall be prescribed by the Health Insurance Service. |
[This Article Added on Apr. 16, 2013]
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| Article 72-4 (Exclusion and recusal of members of the Deliberative Committee on the Disclosure of Pension Contribution Information) |
| (1) | Any member of the Deliberative Committee on the Disclosure of Pension Contribution Information who falls under any of the following subparagraphs shall be excluded from deliberation or resolution: |
| 1. | A member who is or was a spouse or relative of a person in arrears; |
| 2. | A member who is or was an agent of a person in arrears. |
| (2) | If a member of the Deliberative Committee on the Disclosure of Pension Contribution Information falls under any subparagraph of paragraph (1), or is likely to make an unfair decision, they may recuse themselves from deliberation or resolution on the case in question. In such cases, the member shall state the reason for such recusal to the chairperson. |
[This Article Added on Apr. 16, 2013]
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| Article 73 (Crediting and refund of amounts erroneously paid or overpaid) |
| (1) | If any amount erroneously paid or overpaid under Article 100 of the Act arises, the Service shall first credit such amount in the following order; in such cases, Article 65 shall apply mutatis mutandis to the method of crediting amounts to be collected under subparagraph 3: <Amended on Aug. 17, 2010; Jun. 29, 2012> |
| 1. | Expenses of disposition for arrears; |
| 2. | Amounts to be recovered and late-payment interest under Article 57 (3) of the Act; |
| 3. | Unpaid pension contributions, and late-payment interest under Article 97 of the Act; |
| 4. | One month's pension contribution to be paid; provided, no amount erroneously paid or overpaid shall be credited against the will of a person eligible to receive the remaining amount of such erroneous or overpaid amount under paragraph (2). |
| (2) | If any erroneous or overpaid amount remains after crediting under paragraph (1), the Service shall refund the remaining amount in the following order; in such cases, if at least 2 persons are in the same priority position, Article 40 shall apply mutatis mutandis to the method of refund: <Amended on Aug. 17, 2010; Oct. 15, 2014> |
| 1. | A person who has paid pension contributions (where an amount liable to be refunded to an employer cannot be refunded due to the permanent closure of business, death of the employer, or the employer's unknown whereabouts, employees shall be deemed to have paid pension contributions, with respect to the employee contributions borne by employees of the relevant workplace under Article 88 (3) of the Act, among the amount liable to be refunded); |
| 2. | A person entitled to a survivors' pension under Article 73 of the Act; |
| 3. | An heir of a person falling under subparagraph 1. |
| (3) | "Interest prescribed by Presidential Decree" in Article 100 (3) of the Act means an amount calculated by multiplying the erroneous or overpaid amount under Article 100 (1) of the Act by the interest rate on additional refund of national taxes under Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes, for the period beginning with any of the following dates and ending on the date a determination is made to credit or refund such erroneous or overpaid amount: <Amended on Aug. 17, 2010; Jun. 29, 2012> |
| 1. | Where any erroneous or overpaid amount arises following the filing of a report on a change in insured status under Article 21 of the Act: The day following 7 days after the date the report is filed; |
| 2. | In cases other than those referred to in subparagraph 1: The day immediately following the date the erroneous or overpaid amount is paid. |
| (4) | If the Service intends to credit an erroneous or overpaid amount under paragraph (1), or to refund the remaining amount of an erroneous or overpaid amount under paragraph (2), it shall notify the persons prescribed in the subparagraphs of paragraph (2) in writing of such intention. <Amended on Aug. 17, 2010> |
| (5) | Paragraphs (1) through (4) shall apply mutatis mutandis to any erroneous or overpaid amount arising from the collection of the amounts to be returned and deferred pension contributions, and paragraphs (1), (2), and (4) shall apply mutatis mutandis to any erroneous or overpaid amount arising from the collection of amounts to be recovered. In such cases, "Health Insurance Service" shall be deemed the "Service". <Amended on Aug. 17, 2010; Jun. 29, 2012> |
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| Article 73-2 (Eligibility for subsidization of pension contributions for workplace-based insured persons) |
| (1) | "Workplace of a size prescribed by Presidential Decree" in Article 100-3 (1) 1 of the Act means a workplace (excluding public institutions defined in subparagraph 1 of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission; hereinafter the same shall apply) where the number of employees, excluding the employer (referring to the chief executive officer in cases of a corporation), among workplace-based insured persons under Article 8 of the Act, falls under any of the following subparagraphs: <Amended on Nov. 29, 2016> |
| 1. | A workplace where the number of employees is less than 10 as of the last day of the month that includes the date an application for subsidies is filed, and where the monthly average number of employees in the year immediately preceding the year that includes the date of application is less than 10; |
| 2. | A workplace where the number of employees is less than 10 as of the last day of the month that includes the date an application for subsidies is filed, and where the number of employees has been less than 10 for 3 consecutive months immediately preceding the month that includes the date of application in the year that includes the date of application (where the period is less than 3 months because the workplace has become a workplace subject to mandatory coverage under Article 8 (1) of the Act during that year, such period shall be from the month in which the workplace became subject to mandatory coverage to the month that includes the date of application). |
| (2) | When counting the number of employees under paragraph (1), if any of the following employees is employed in the relevant workplace, the number of employees obtained by subtracting such employees shall be deemed the number of employees in the relevant workplace during that period (in cases of subparagraph 2, referring to the period of exemption from the payment of pension contributions): <Amended on Jan. 29, 2016; Dec. 19, 2017> |
| 1. | Employees who have taken maternity leave, or miscarriage or stillbirth leave under Article 74 (1) through (3) of the Labor Standards Act; |
| 2. | Employees who are exempted from the payment of pension contributions under Article 91 (1) of the Act due to childcare leave under Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act; |
| 3. | Employees who have reduced working hours during the period of childcare under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act. |
| (3) | If a workplace that becomes eligible for subsidization of pension contributions under paragraph (1) has at least 10 employees for 3 consecutive months in the relevant year, the Service shall suspend the subsidization of pension contributions from the month following the month in which the ground therefor arises to the last month of the relevant year. <Added on Dec. 19, 2017> |
| (4) | "Income below the amount prescribed by Presidential Decree" in Article 100-3 (1) 1 of the Act means the standard monthly income under Articles 6 and 7, which is less than the amount publicly notified by the Minister of Health and Welfare in consultation with the Minister of Employment and Labor, taking into account the status of enrollment according to employees' income levels, the rate of wage increase, labor-market conditions, the relationship with other statutes, etc. <Amended on Nov. 29, 2016; Dec. 19, 2017> |
| (5) | Property of employees under Article 100-3 (1) 2 of the Act shall include land, buildings, housing units, aircraft, and ships under Article 105 of the Local Tax Act. <Added on Nov. 29, 2016; Dec. 19, 2017> |
| (6) | "Standards prescribed by Presidential Decree" in Article 100-3 (1) 2 of the Act means the standards publicly notified by the Minister of Health and Welfare in consultation with the Minister of Employment and Labor, in consideration of domestic and global economic conditions such as inflation and economic growth rates, the distribution of property and income of the people, the distribution of global income of insured persons, and the relationship with other statutes or regulations. <Added on Nov. 29, 2016; Dec. 19, 2017> |
[This Article Added on Jun. 29, 2012]
[Title Amended on Jul. 1, 2020]
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| Article 73-3 (Amount and methods of subsidization of pension contributions for workplace-based insured persons) |
| (1) | The level of subsidization of pension contributions under Article 100-3 (2) of the Act shall be publicly notified by the Minister of Health and Welfare, in consultation with the Minister of Employment and Labor, in consideration of employees' income levels, their coverage history under the National Pension, and other relevant factors within the range of pension contributions borne respectively by the employer and the employee. <Amended on Jan. 29, 2016; Dec. 19, 2017> |
| (2) | An employer who intends to receive the subsidization of pension contributions under paragraph (1) shall file an application with the Service, as prescribed by Decree of the Ministry of Health and Welfare. |
| (3) | Upon receipt of an application under paragraph (2), the Service shall verify each month whether the employer has paid pension contributions within the payment deadline under Article 89 of the Act, and shall subsidize the pension contributions for that month. In such cases, the period of subsidization shall begin in the month that includes the date the application for subsidization of pension contributions is filed and end in the last month of the relevant year. |
| (4) | If a workplace is receiving the subsidization of pension contributions as of the end of a year and the average monthly number of its employees for that year is less than 10, such workplace shall be deemed to have filed an application for the subsidization of pension contributions under paragraph (2) on January 1 of the following year, and the subsidization of pension contributions for the following year may continue. In such cases, if any employee falling under any subparagraph of Article 73-2 (2) is employed in the relevant workplace, the average monthly number of employees shall be calculated by subtracting such employees from the number of employees in the workplace during that period (in cases of subparagraph 2 of that paragraph, referring to the period exempted from the payment of pension contributions). <Amended on Jan. 29, 2016> |
| (5) | If the subsidization of pension contributions is suspended under Article 73-2 (3), no application under paragraph (2) may be filed until the last month of that year. <Amended on Dec. 19, 2017> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for filing an application for the subsidization of pension contributions, and for the notification of results thereof and other necessary matters, shall be prescribed by Decree of the Ministry of Health and Welfare. |
[This Article Added on Jun. 29, 2012]
[Title Amended on Jul. 1, 2020]
법령 이단보기
| Article 73-4 (Property and income standards for subsidization of pension contributions for individually insured persons) |
| (1) | Property under Article 100-4 (1) 2 of the Act means land, buildings, housing units, aircraft, and ships under Article 105 of the Local Tax Act. |
| (2) | "Standards prescribed by Presidential Decree" in Article 100-4 (1) 2 of the Act means the standards publicly notified by the Minister of Health and Welfare, in consideration of domestic and global economic conditions such as inflation and economic growth rates, the distribution of property and income of the public, the distribution of global income of insured persons, and the relationship with other statutes or regulations. |
| (3) | “Amount prescribed by Presidential Decree” in Article 100-4 (1) 3 of the Act means the amount determined and publicly notified by the Minister of Health and Welfare, taking into account the status of the standard monthly income of individually insured persons under Article 6 (2) and Article 7 (2), the status of income distribution of individually insured persons, the relationship to other statutes or regulations, and other relevant matters. <Added on June 25, 2025> |
[This Article Added on Jul. 1, 2020]
[Previous Article 73-4 moved to Article 73-6 <Jul. 1, 2020>]
법령 이단보기
| Article 73-5 (Level and methods of subsidization of pension contributions for individually insured persons) |
| (1) | The level of subsidization of pension contributions under Article 100-4 (1) of the Act shall be determined and publicly notified by the Minister of Health and Welfare, within the range of pension contributions borne by an individually insured person. |
| (2) | An individually insured person who intends to receive the subsidization of pension contributions under Article 100-4 (1) of the Act shall file an application with the Service, as prescribed by Decree of the Ministry of Health and Welfare. |
| (3) | If the Service, upon receipt of an application under paragraph (2), intends to subsidize pension contributions under Article 100-4 (1) of the Act, it shall notify the relevant individually insured person to pay the pension contributions for the relevant month, which are calculated by subtracting the amount to be subsidized under Article 100-4 (1) of the Act from the amount borne by the individually insured person under Article 88 (4) of the Act. |
| (4) | The Service shall verify that the individually insured person has paid the pension contributions notified under paragraph (3) and shall subsidize the pension contributions for that month. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the subsidization of pension contributions for individually insured persons shall be prescribed by Decree of the Ministry of Health and Welfare. |
[This Article Added on Jul. 1, 2020]
법령 이단보기
| Article 73-6 (Recovery of subsidies for pension contributions) |
| (1) | If a person who has received the subsidization of pension contributions under Article 100-5 of the Act falls under any of the following cases, the Service shall recover the amount specified in the relevant subparagraph: <Amended on Dec. 19, 2017; Jul. 1, 2020> |
| 1. | Where a person has received the subsidization of pension contributions by fraud or other improper means, despite their failure to meet the eligibility requirements at the time of application: The entire amount subsidized; |
| 2. | Where it is found that a person has continuously received the subsidization of pension contributions even after a cause for suspension of subsidization under Article 73-2 (3) has arisen: The amount subsidized from the month immediately following the month in which the cause arose; |
| 3. | Where the standard monthly income of an employee eligible for the subsidization of pension contributions (limited to employees who newly acquired the status of a workplace-based insured person in the relevant year) for the following year exceeds 1,100/1,000 of the upper income limit publicly notified under Article 73-2 (4): The entire amount subsidized to that employee; |
| 4. | Where it is found that the subsidization of pension contributions has been provided to a person not eligible therefor due to reasons such as the employer's failure to file a report: The amount of subsidies erroneously provided. |
| (2) | If a cause for the recovery of subsidies under Article 100-5 of the Act arises, the Service shall notify the relevant employer of such fact and shall give notice of and collect the amount to be recovered, as prescribed by Decree of the Ministry of Health and Welfare. In such cases, Article 41 (1) and (2) shall apply mutatis mutandis to the procedures for giving notice. <Amended on Jul. 1, 2020> |
[This Article Added on Jun. 29, 2012]
[Moved from Article 73-4 <Jul. 1, 2020>]
CHAPTER VI NATIONAL PENSION FUND
법령 이단보기
| Article 74 (Operations of the Fund and related projects) |
| (1) | Financial institutions under Article 102 (2) 1 of the Act shall be as follows: <Amended on May 27. 2008; Jul. 29, 2008; Nov. 15, 2010; Jul. 1, 2020> |
| 1. | Banks under the Banking Act, the Korea Development Bank under the Korea Development Bank Act, and the Industrial Bank of Korea under the Industrial Bank of Korea Act; |
| 2. | Investment traders, investment brokers, trust business entities, collective investment business entities, investment advisory business entities, and merchant banks under the Financial Investment Services and Capital Markets Act; |
| 3. | Deleted; <Jul. 29, 2008> |
| 4. | Deleted; <Jul. 29, 2008> |
| 5. | Deleted; <Jul. 29, 2008> |
| 6. | Insurance companies under the Insurance Business Act; |
| 7. | Postal service agencies; |
| 8. | Foreign financial companies established under the statutes or regulations of a foreign country and engaged in the financial business therein. |
| (2) | If the Fund is loaned to conduct a project under Article 102 (2) 5 of the Act, the interest rate shall be determined by the Management Committee. |
| (3) | Projects for the increase of the Fund under Article 102 (2) 7 of the Act shall be as follows: <Amended on Jul. 29, 2008; Apr. 30, 2009; May 6, 2009; Oct. 23, 2015; Dec. 31, 2019; Aug. 11, 2020; Oct. 21, 2021; Dec. 16, 2025> |
| 1. | Investment in venture businesses and contributions to venture investment associations or new technology venture investment associations under Article 71 (1) of the Venture Investment Promotion Act; |
| 2. | Investment in corporate restructuring associations registered under Article 15 of the Industrial Development Act (referring to the Act before its full amendment by Act No. 9584) or investment in institutional private equity funds for improving corporate structure under Article 20 of that Act; |
| 3. | Transactions of exchange-traded derivatives and over-the-counter derivatives under Article 5 (2) or (3) of the Financial Investment Services and Capital Markets Act; |
| 4. | Capital transactions as defined in Article 3 (1) 19 of the Foreign Exchange Transactions Act; |
| 5. | Investment in and financing of collective investment schemes under Article 9 (18) of the Financial Investment Services and Capital Markets Act; |
| 6. | Investment in or financing of infrastructure projects as defined in subparagraph 3 of Article 2 of the Act on Public-Private Partnerships in Infrastructure; |
| 7. | Investment in or financing of projects for the development, acquisition, and management of real estate; |
| 8. | Investment in or financing of energy and natural resource development projects; |
| 9. | Investment in or financing of companies or projects for the acquisition of aircraft and ships or for the takeover of corporations, etc.; |
| 10. | Investment in or financing of projects falling under subparagraphs 1 through 9, which are lawfully established or conducted under the relevant statutes or regulations of foreign countries; |
| 11. | Projects deemed necessary by the Management Committee for the increase of the Fund, whose expected rate of return is higher than the yield on 5-year State bonds under the proviso of Article 102 (3) of the Act. |
| (4) | The rate of return on State bonds with a 5-year maturity under the proviso of Article 102 (3) of the Act shall be the higher one among the rates of return on the following bonds, which are traded outside the securities market under Article 166 of the Financial Investment Services and Capital Markets Act: <Amended on Jul. 29, 2008; Apr. 30, 2009; Jun. 30, 2015; Dec. 16, 2025> |
| 1. | Class 1 national housing bonds under Article 5 (1) 1 of the Enforcement Decree of the Housing and Urban Fund Act; |
| 2. | State bonds as defined in subparagraph 1 of Article 2 of the State Bond Act. |
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| Article 75 (Accounting of the Fund) |
Accounting of the Fund under Article 102 (5) of the Act shall be accounted for and settled in accordance with the National Accounting Act. <Amended on Oct. 15, 2014; Jun. 30, 2015; Dec. 22, 2015>
[Title Amended on Dec. 22, 2015]
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| Article 76 (Entrustment of affairs relating to management and operation of the Fund) |
The Minister of Health and Welfare shall entrust the following affairs to the Service in accordance with Article 102 (6) of the Act: <Amended on Feb. 29, 2008; Mar. 15, 2010; Jun. 30, 2015; Dec. 22, 2015; Jan. 29, 2020>
| 1. | Management and operation of the Fund under Article 102 (2) of the Act; |
| 2. | Accounting of the Fund under Article 102 (5) of the Act; |
| 3. | Affairs determined by the Minister of Health and Welfare relating to the management and operation of the Fund such as the lease of property acquired by the Service under Article 102 (2) 6 of the Act. |
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| Article 76-2 (Criteria for calculation and use of contributions) |
| (1) | The Minister of Health and Welfare shall calculate the amount of contributions made under Article 102-2 (1) of the Act based on the ratio of the entrusted collection affairs, which are the affairs relating to the collection of pension contributions and amounts to be collected (hereinafter referred to as "entrusted collection affairs"), to all collection affairs performed by the National Health Insurance Service under Article 14 (1) 2 (limited to the affairs relating to the collection of insurance contributions and amounts to be collected) and subparagraph 10 of the National Health Insurance Act. In such cases, the ratio of entrusted collection affairs shall be determined by the Minister of Health and Welfare in consultation with the Minister of Employment and Labor. <Amended on Aug. 6, 2013> |
| (2) | The Health Insurance Service shall, by May 31 of each year, submit to the Minister of Health and Welfare a written request for contributions calculated in accordance with the criteria under paragraph (1), together with supporting documents such as its plan for project operations. |
| (3) | When the amount of contributions is finalized, the Minister of Health and Welfare shall notify the Health Insurance Service thereof. |
| (4) | The Health Insurance Service shall use the contributions only for the following purposes: |
| 1. | Personnel, operating, and project expenses required for performing the entrusted collection affairs; |
| 2. | Expenses for the purchase or lease of facilities (including equipment) required for performing the entrusted collection affairs; |
| 3. | Other expenses incurred in performing the entrusted collection affairs. |
| (5) | If the Health Insurance Service uses the contributions for any purpose other than those provided in paragraph (4), the Minister of Health and Welfare shall recover the corresponding amount. |
| (6) | The Health Insurance Service shall, by the 10th day of the month following each quarter, report to the Minister of Health and Welfare the results of the execution of the contributions for the relevant quarter. |
[This Article Added on Aug. 17, 2010]
법령 이단보기
| Article 76-3 (Additional contribution) |
| (1) | If the amount of contributions under Article 76-2 (3) is insufficient to cover the expenses incurred in collecting pension contributions, etc., the Health Insurance Service may request the Minister of Health and Welfare to make an additional contribution. |
| (2) | If, upon review of the requested amount under paragraph (1), the Minister of Health and Welfare finds the request reasonable, the Minister may make an additional contribution. |
[This Article Added on Aug. 17, 2010]
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| Article 77 (Duties of chairperson of the Management Committee) |
| (1) | The chairperson of the Management Committee shall represent the Management Committee and exercise general supervision over its affairs. |
| (2) | If the chairperson is unable to perform their duties due to any unavoidable cause, a member designated in advance by the chairperson from among the members representing the public interest shall act on behalf of the chairperson. |
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| Article 77-2 (Dismissal of members of the Management Committee) |
If a member under each subparagraph of Article 103 (2) of the Act falls under any of the following, the Minister of Health and Welfare may dismiss the relevant member:
| 1. | If they are unable to perform their duties due to a mental or physical disability; |
| 2. | Where they have committed misconduct in connection with their duties; |
| 3. | Where they are deemed unfit to serve as a member due to neglect of duty, conduct damaging dignity, or any other cause; |
| 4. | Where they voluntarily express that it is difficult for them to perform their duties. |
[This Article Added on Nov. 29, 2016]
법령 이단보기
| Article 78 (Meetings of the Management Committee) |
| (1) | The chairperson of the Management Committee may convene a meeting of the Committee, in addition to the meetings under Article 103 (5) of the Act, if requested by at least 1/3 of the incumbent members or if the chairperson deems it necessary. |
| (2) | The Management Committee shall have 1 executive secretary, who shall be designated by the chairperson from among public officials belonging to the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (3) | The chairperson of the Management Committee shall prepare a report on its activities and make it publicly available each year. <Amended on Jan. 29, 2020> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the meetings of the Management Committee and for the preparation, disclosure, etc. of reports shall be determined by the chairperson, following a resolution by the Committee. <Added on Jan. 29, 2020> |
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| Article 79 (Allowances to members of the Management Committee) |
Allowances may be paid to members attending meetings of the Management Committee within the budget; provided, this shall not apply to cases where a member who is a public official attends a meeting in direct connection with their duties.
법령 이단보기
| Article 80 (National Pension Fund Management Practices Evaluation Committee) |
| (1) | The chairperson of the National Pension Fund Management Practices Evaluation Committee under Article 104 of the Act (hereinafter referred to as the "Practices Evaluation Committee") shall represent the Practices Evaluation Committee, and exercise general supervision over its affairs. |
| (2) | The vice chairperson of the Practices Evaluation Committee shall assist the chairperson, and where the chairperson is unable to perform their duties due to any unavoidable cause, the vice chairperson shall act on behalf of the chairperson. |
| (3) | The Practices Evaluation Committee shall have 1 executive secretary, who shall be designated by the chairperson from among the public officials of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (4) | Allowances may be paid to members present at the meetings of the Practices Evaluation Committee within the budget; provided, it shall not apply to cases where a member who is a public official is present in direct connection with their duties. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the operation of the Practices Evaluation Committee shall be determined by the chairperson of the Management Committee, following a resolution by the Management Committee. |
법령 이단보기
| Article 80-2 (Dismissal of members of the Practices Evaluation Committee) |
If a member under the subparagraphs of Article 104 (2) of the Act falls under any of the following, the chairperson may dismiss the relevant member:
| 1. | If they are unable to perform their duties due to a mental or physical disability; |
| 2. | Where they have committed misconduct in connection with their duties; |
| 3. | Where they are deemed unfit to serve as a member due to neglect of duty, conduct damaging dignity, or any other cause; |
| 4. | Where they voluntarily express that it is difficult for them to perform their duties. |
[This Article Added on Nov. 29, 2016]
법령 이단보기
| Article 80-3 (Establishment and composition of Special Committees of National Pension Fund Management) |
| (1) | Special Committees of National Pension Fund Management under Article 103-3 (1) of the Act (hereinafter referred to as "Special Committees") shall each be composed of 9 members, including 1 chairperson, and the chairperson of each Special Committee shall be elected from among the members specified in paragraph (2) 1. <Amended on Nov. 30, 2021> |
| (2) | The members of the Special Committees shall be as follows; in such cases, the members under subparagraph 1 shall be standing members who concurrently serve as members of all Special Committees: <Amended on Nov. 30, 2021; Jul. 18, 2023> |
| 1. | Three persons commissioned by the chairperson of the Management Committee, from among multiple persons recommended respectively by the organizations prescribed in Article 103 (2) 1 through 3 of the Act, who are or have been engaged in the affairs related to finance, economics, asset management, law, or pension systems for at least 5 years (hereinafter referred to as "relevant experts"); |
| 2. | Three persons commissioned by the chairperson of the Management Committee, from among the members of the Management Committee under Article 103 (2) 1 through 3 of the Act (excluding the Special Committee on National Pension Fund Responsible Investment and Governance under Article 103-3 (1) 2 of the Act); |
| 3. | Three persons commissioned by the chairperson of the Management Committee from among the relevant experts (6 persons in the case of the Special Committee on National Pension Fund Responsible Investment and Governance under Article 103-3 (1) 2 of the Act). |
| (3) | Each member under paragraph (2) 1 and 3 shall hold office for a term of 3 years and may be reappointed only once. <Amended on Nov. 30, 2021; Jul. 18, 2023> |
| (4) | Deleted. <Jul. 18, 2023> |
| (5) | If the chairperson of a Special Committee is unable to perform their duties due to any unavoidable cause, a member designated in advance by the chairperson of the Special Committee from among the members prescribed in paragraph (2) 1 shall act on behalf of the chairperson. <Amended on Nov. 30, 2021> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the composition of a Special Committee shall be determined by the chairperson of the Management Committee following a resolution by the Management Committee. <Amended on Nov. 30, 2021> |
[This Article Added on Jan 29, 2020]
법령 이단보기
| Article 80-4 (Operation of Special Committees) |
| (1) | The chairperson of a Special Committee shall convene and preside over meetings of the Special Committee. |
| (2) | The chairperson of a Special Committee shall convene meetings of the Special Committee every month. |
| (3) | A majority of the members of a Special Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least a majority of those present. |
| (4) | The chairperson of a Special Committee shall report the results of examination and deliberation to the Practices Evaluation Committee and the Management Committee. |
| (5) | Members who attend the meetings of a Special Committee may be paid remuneration, allowances, travel expenses, etc. within the budget. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the operation of the Special Committees shall be determined by the chairperson of the Management Committee following a resolution by the Management Committee. |
[This Article Added on Jan 29, 2020]
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| Article 81 (Fund Management Guidelines) |
| (1) | The Minister of Health and Welfare shall prepare draft Fund Management Guidelines for the National Pension Fund (hereinafter referred to as the "Fund Management Guidelines") for the following year and submit them to the Management Committee by the last day of April. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | The Management Committee shall deliberate and resolve on the Fund Management Guidelines by the last day of May. |
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| Article 82 (Opening of accounts of the Fund) |
| (1) | The Minister of Health and Welfare shall open an account of the National Pension Fund with the Bank of Korea in order to clarify the revenues and expenditures of the Fund. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jun. 28, 2013> |
| (2) | For the efficient performance of foreign exchange transactions of the Fund entrusted under Article 76, the Service may open a deposit account capable of receiving and disbursing foreign currency with a cooperative bank under the proviso of Article 12 (1) of the Management of National Funds Act. <Added on Jun. 28, 2013; Jan. 29, 2020> |
[Title Amended on Jun. 28, 2013]
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| Article 83 (Deposit of pension contributions in the Fund) |
| (1) | The Service and the Health Insurance Service shall deposit the total amount of collected pension contributions, etc. in the account of the National Pension Fund on a daily basis. <Amended on Aug. 17, 2010> |
| (2) | The Service and the Health Insurance Service shall, by the last day of each month, separately submit a written report to the Minister of Health and Welfare on the total amount of pension contributions, etc. collected in the preceding month and the status of collection of uncollected amounts, etc. <Amended on Feb. 29, 2008; Mar. 15, 2010; Aug. 17, 2010> |
[Title Amended on Aug. 17, 2010]
법령 이단보기
| Article 84 (Monthly management of the Fund) |
The Minister of Health and Welfare shall, in principle, manage the Fund on a monthly basis in accordance with the Fund Management Plan under Article 107 (1) of the Act. <Amended on Feb. 29, 2008; Mar. 15, 2010>
법령 이단보기
| Article 85 (Accounting officers of the Fund) |
| (1) | The Minister of Health and Welfare shall appoint, from among public officials of the Ministry of Health and Welfare, a Fund collection officer, a Fund financial officer, a Fund disbursement officer, and a Fund treasurer to take charge of the receipt and disbursement of the Fund. In such cases, the Minister shall notify the Chairperson of the Board of Audit and Inspection of Korea and the Governor of the Bank of Korea of such appointments of such fact. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | The Fund collection officer and the Fund financial officer shall be responsible for entering into contracts necessary for the management and operation of the Fund, performing encumbrances, and collecting and determining the revenues of the Fund, and the Fund disbursement officer and the Fund treasurer shall be responsible for the receipt and disbursement of the Fund arising from its management and operation. |
| (3) | The Service shall have a Fund Treasury Executive Director and a Fund treasury clerk to handle the affairs relating to the management and operation of the Fund entrusted under Article 76, and the Fund Treasury Executive Director shall be the Fund Director under Article 31 of the Act, and the Fund treasury clerk shall be a person appointed by the president of the Service from among its personnel. In such cases, the Fund Treasury Executive Director shall perform the duties of the Fund collection officer and the Fund financial officer; and the Fund treasury clerk shall perform the duties of the Fund disbursement officer and the Fund treasurer. <Amended on Jan. 29, 2020> |
| (4) | When the president of the Service appoints a Fund Treasury Executive Director or a Fund treasury clerk under paragraph (3), they shall notify the Minister of Health and Welfare, the Chairperson of the Board of Audit and Inspection of Korea, and the Governor of the Bank of Korea, respectively, of such fact. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (5) | Matters necessary for encumbrances, expenditures, etc. of the Fund shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
법령 이단보기
| Article 86 (Settlement of accounts of fund management) |
| (1) | The Service shall submit to the Management Committee, by the 20th day of the first month of the following quarter, the results of Fund management under Article 107 (3) of the Act as of the end of each quarter. |
| (2) | The Service shall, within 2 months after the end of each fiscal year, submit to the Minister of Health and Welfare the annual results of Fund management, together with the audit report prepared by an auditor as defined in subparagraph 7 of Article 2 of the Act on External Audit of Stock Companies. <Amended on Feb. 29, 2008; Mar. 15, 2010; Oct. 30, 2018> |
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| Article 87 (Disclosure of details of Fund management) |
The chairperson of the Management Committee shall, under Article 107 (4) of the Act, disclose each year the details of the management and use of the Fund in at least 1 general daily newspaper and at least 1 economic daily newspaper registered to be circulated nationwide under Article 9 (1) of the Act on the Promotion of Newspapers, or through the Official Gazette, a website, or broadcast media. In such cases, the chairperson of the Management Committee shall also disclose, under Article 104 (6) of the Act, the results of the evaluation of Fund management submitted by the Practices Evaluation Committee. <Amended on Jan. 27, 2010; Nov. 24, 2020>
CHAPTER VII REQUESTS FOR EXAMINATION AND REQUESTS FOR REEXAMINATION
법령 이단보기
| Article 88 (Methods of filing request for examination) |
| (1) | A request for examination under Article 108 of the Act shall be made by submitting a document (including an electronic document defined in subparagraph 7 of Article 2 of the Electronic Government Act) stating the following matters, signed and sealed (including an electronic signature) by the person who files a request: <Amended on Aug. 17, 2010; Dec. 8, 2011> |
| 1. | Name, address, and resident registration number of the person who files a request (referring to an alien registration number in cases of a foreign national; hereinafter the same shall apply); |
| 2. | Name, address, and resident registration number of the person against whom a disposition is imposed; |
| 3. | Details of the disposition subject to the request for examination; |
| 4. | Date on which the applicant becomes aware of the disposition; |
| 5. | Purpose and grounds of the request for examination; |
| 6. | Date of examination request; |
| 7. | Relationship with the person against whom the disposition is imposed, if the person who files a request is not the person subject thereto; |
| 8. | List of attached documents. |
| (2) | If the person who files a request and the person against whom the disposition is imposed are not a person insured under the National Pension or a former insured person, the name, address, and resident registration number of the relevant person insured under the National Pension or former insured person shall be stated in the document. |
| (3) | If a representative of the person who files a request for examination files such request, the representative shall attach a power of attorney proving their authority. |
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| Article 89 (Organization of the Examination Committee) |
| (1) | The National Pension Examination Committee under Article 109 (1) of the Act (hereinafter referred to as the "Examination Committee") shall be comprised of no more than 26 members, including 1 chairperson. <Amended on Dec. 8, 2011> |
| (2) | The members shall be appointed or commissioned by the chief executive officer of the Service from among the following persons: <Amended on Dec. 8, 2011> |
| 1. | Executive officers and employees of the Service at the director level or higher; |
| 2. | Persons recommended by employers' organizations; |
| 3. | Persons recommended by employees' organizations; |
| 4. | Persons recommended by organizations representing individually insured persons; |
| 5. | The following persons of knowledge of and experience in the field of law, medicine, or social insurance: |
| a. | A person with at least 5 years of work experience after acquiring qualifications as an attorney-at-law or a doctor; |
| b. | A person who has served as an assistant professor or in a higher position in a department related to social insurance at a school under Article 2 of the Higher Education Act; |
| c. | A person with at least 5 years of work experience in a field related to social insurance after acquiring a doctoral degree; |
| d. | A person with at least 10 years of work experience in a field related to social insurance. |
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| Article 90 (Chairperson of the Examination Committee) |
| (1) | The chairperson of the Examination Committee shall be appointed by the chief executive officer of the Service from among the standing directors thereof. |
| (2) | When the chairperson is unable to perform their duties due to any unavoidable cause, a member designated by the chairperson shall act on behalf of the chairperson. |
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| Article 91 (Terms of office of members of the Examination Committee) |
Each member of the Examination Committee shall hold office for a term of 2 years and may be reappointed for only 2 consecutive terms; provided, that the term of office of any member who is an executive officer or employee of the Service shall be the period during which they hold their position. <Amended on Dec. 8, 2011>
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| Article 92 (Meetings of Examination Committee) |
| (1) | A meeting of the Examination Committee shall be composed of the chairperson and 7 members designated by the chairperson for each meeting. In such cases, at least 1 member falling under subparagraphs 2 through 4 of Article 89 (2) and at least 3 members falling under subparagraph 5 of that paragraph shall be included among the members constituting the meeting. <Amended on Dec. 8, 2011> |
| (2) | The chairperson of the Examination Committee shall convene and preside over its meetings. |
| (3) | A majority of the members of the Examination Committee shall constitute a quorum, and any resolution there of shall require the concurring vote of a majority of those present. |
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| Article 93 (Executive secretary) |
| (1) | The Examination Committee may have 1 executive secretary. |
| (2) | The executive secretary shall be appointed by the chief executive officer of the Service from among its personnel. |
| (3) | The executive secretary shall handle the affairs of the Examination Committee under the direction of the chairperson. |
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| Article 94 (Allowances) |
Allowances may be paid to members present at meetings of the Examination Committee, who are not executive officers and employees of the Service.
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| Article 95 (Supplementation) |
| (1) | If the Examination Committee deems that a request for examination is procedurally defective but may be cured by supplementation, it shall require the person who files the request to supplement it within an appropriate period; provided, if the defect is minor, the Examination Committee may cure it ex officio. |
| (2) | The supplementation under paragraph (1) shall be made in writing, and if the defect is cured, the request for examination shall be deemed to have been lawful from the beginning. |
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| Article 96 (Submission of evidence) |
Until a decision on the request for examination is made by the Examination Committee, the person who files the request may submit documents, account books, articles, and other evidentiary materials to the Examination Committee, and may also appear before the Examination Committee to state their opinions.
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| Article 97 (Request for expert opinion) |
If the Examination Committee deems it necessary for examination, it may, at the request of the person who files a request or ex officio, request an expert opinion from a person with specialized knowledge and experience.
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| Article 98 (Withdrawal of request for examination) |
A person who files a request may withdraw their request for examination in writing at any time before a decision is made by the Examination Committee.
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| Article 99 (Decision) |
| (1) | If a request for examination is inadmissible, the Service shall issue a decision dismissing the request. |
| (2) | If the Service deems that a request for examination is groundless, it shall render a decision of rejection. |
| (3) | If the Service deems that a request for examination is well-grounded, it shall render a decision to revoke or modify its disposition. |
| (4) | When the Service has rendered a decision under paragraphs (1) through (3), it shall, without delay, forward the original of the written decision to the person who files the request. |
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| Article 100 (Period for rendering decision) |
| (1) | The Service shall render a decision within 60 days from the date it receives a request for examination; provided, if there is any unavoidable reason, the chairperson may extend the period by 30 days ex officio. |
| (2) | If the period for rendering a decision is extended under the proviso of paragraph (1), the Service shall notify the person who files the request of such extension at least 7 days before the expiration of the period for rendering a decision. |
| (3) | The period for supplementation under Article 95 shall not be included in the period for rendering a decision under paragraph (1). |
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| Article 101 (Form of decision) |
The written decision shall state the following matters and shall be signed and sealed by the chief executive officer of the Service:
| 1. | Name and address of the person who files the request; |
| 2. | Name and address of the person subject to the disposition; |
| 4. | Purport of the request for examination; |
| 5. | Grounds for the decision; |
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| Article 102 (Regulations on operation of the Examination Committee) |
Except as provided in Articles 88 through 101, matters necessary for the organization, operation, and examination of the Examination Committee, and other necessary matters, shall be prescribed by the regulations of the Service. <Amended on Dec. 8, 2011>
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| Article 102-2 (Organization, operation, and examination of the Collection Examination Committee) |
| (1) | The Collection Examination Committee under Article 109 (1) of the Act (hereinafter referred to as the "Collection Examination Committee") shall consist of 25 members, including 1 chairperson. |
| (2) | The president of the Health Insurance Service shall appoint the chairperson of the Collection Examination Committee from among its standing directors, and shall appoint or commission the members from among the following persons: |
| 1. | One employee of the Health Insurance Service; |
| 2. | Eight persons, including 4 persons recommended by employers' organizations and employees' organizations, respectively; |
| 3. | Eight persons, 2 of whom shall be recommended, respectively, by civic groups, consumer groups, organizations of farmers and fishers, and organizations representing individually insured persons; |
| 4. | Seven persons, including attorneys-at-law and persons with abundant knowledge of and experience in social insurance and medical care. |
| (3) | Each member commissioned under paragraph (2) shall hold office for a term of 3 years. |
| (4) | Article 55 of the Enforcement Decree of the National Health Insurance Act shall apply mutatis mutandis to the operation of the Collection Examination Committee. In such cases, "Objection Committee" shall be construed as "Collection Examination Committee". <Amended on Aug. 31, 2012> |
| (5) | Articles 95 through 101 shall apply mutatis mutandis to the examination by the Collection Examination Committee. In such cases, "Examination Committee" shall be construed as "Collection Examination Committee," and "Service" shall be construed as "Health Insurance Service". |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the organization, operation, and examination of the Collection Examination Committee and other necessary matters shall be prescribed by the regulations of the Health Insurance Service following a resolution by the Collection Examination Committee. |
[This Article Added on Aug. 17, 2010]
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| Article 103 (Methods of filing request for reexamination) |
If a person who is dissatisfied with a decision on a request for examination under Article 110 of the Act files a request for reexamination, the following matters shall be stated, in addition to the matters to be included mutatis mutandis under Article 28 (2) of the Administrative Appeals Act: <Amended on Jul. 26, 2010>
| 1. | Where the person filing a request for reexamination is not the person subject to the disposition, the name, address, and resident registration number of the person subject to the disposition; |
| 2. | Where both the person filing a request for reexamination and the person subject to the disposition are not an insured person or a former insured person, the name, address, and resident registration number of the relevant insured person or former insured person. |
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| Article 104 (Composition of the Reexamination Committee) |
| (1) | The National Pension Reexamination Committee under Article 111 (1) of the Act (hereinafter referred to as the "Reexamination Committee") shall be comprised of not more than 20 members, including 1 chairperson. <Amended on Aug. 6, 2013> |
| (2) | The members shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons: <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| 1. | Public officials of Grade III or IV belonging to the Ministry of Health and Welfare or members in general service of the Senior Executive Service; |
| 2. | Persons qualified as a judge, prosecutor, or attorney-at-law; |
| 3. | Persons who have been serving as an associate professor or in a higher position at colleges and universities under Article 2 of the Higher Education Act; |
| 4. | Persons recognized by the Minister of Health as qualified from among those with abundant knowledge of and experience in social insurance or medical care. |
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| Article 105 (Chairperson of the Reexamination Committee) |
| (1) | The Director General of the Pension Policy Bureau of the Ministry of Health and Welfare shall serve as the chairperson of the Reexamination Committee. <Amended on Feb. 29, 2008; Mar. 15, 2010; Dec. 8, 2011; Jun. 11, 2019> |
| (2) | If the chairperson is unable to perform their duties due to any unavoidable reason, a member designated by the chairperson shall act on behalf of the chairperson. |
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| Article 105-2 (Dismissal or removal of members of the Reexamination Committee) |
If a member under the subparagraphs of Article 104 (2) of the Act falls under any of the following, the Minister of Health and Welfare may dismiss or remove the relevant member:
| 1. | If they are unable to perform their duties due to a mental or physical disability; |
| 2. | Where they have committed misconduct in connection with their duties; |
| 3. | Where they are deemed unfit to serve as a member due to neglect of duty, conduct damaging dignity, or any other cause; |
| 4. | Where they voluntarily express that it is difficult for them to perform their duties. |
[This Article Added on Nov. 29, 2016]
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| Article 106 (Meetings of the Reexamination Committee) |
| (1) | A meeting of the Reexamination Committee shall be composed of the chairperson and 6 members designated by the chairperson for each meeting. <Added on Aug. 6, 2013> |
| (2) | The chairperson of the Reexamination Committee shall convene and preside over the meetings of the Reexamination Committee. <Amended on Aug. 6, 2013> |
| (3) | A majority of the members of the Reexamination Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on Aug. 6, 2013> |
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| Article 107 (Executive secretary) |
| (1) | The Reexamination Committee shall have 1 executive secretary. |
| (2) | The executive secretary shall be appointed by the Minister of Health and Welfare from among the public officials of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (3) | The executive secretary shall handle the administrative affairs of the Reexamination Committee under the direction of the chairperson. |
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| Article 108 (Allowances) |
Allowances may be paid to the members attending the meetings of the Reexamination Committee within the budget; provided, this shall not apply where a member who is a public official attends in direct connection with their official duties.
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| Article 109 (Term of office of members of the Reexamination Committee) |
The provisions of Article 91 shall apply mutatis mutandis to the term of office of the members of the Reexamination Committee. In such cases, "Examination Committee" shall be construed as "Reexamination Committee," and "executive officers and employees of the Service" shall be construed as "public officials".
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| Article 109-2 (Scope of verification survey of beneficiaries) |
| (1) | Under Article 122-2 (1) of the Act, the Service shall conduct a verification survey of beneficiaries to confirm any modification or termination of their entitlement to benefits. |
| (2) | Verification surveys under paragraph (1) shall be conducted through the verification of data, on-site surveys, telephone calls, postal communication, or other methods specified in the Annual Survey Plan under Article 122-2 (1) of the Act. |
| (3) | Article 56 shall apply mutatis mutandis where payment of benefits is suspended under Article 122-2 (3) of the Act. |
[This Article Added on Jun. 29, 2012]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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| Article 109-3 (Request for data) |
| (1) | "Institutions, corporations and organizations prescribed by Presidential Decree" in the former part of Article 123 (1) of the Act means institutions, corporations, and organizations under subparagraph 1 of Appendix 2-2. |
| (2) | "Data prescribed by Presidential Decree" in the former part of Article 123 (1) of the Act means data under subparagraph 2 of Appendix 2-2. |
| (3) | "Institutions, corporations and organizations prescribed by Presidential Decree" in the former part of Article 123 (2) of the Act means institutions, corporations, and organizations under subparagraph 1 of Appendix 2-3. |
| (4) | "Data prescribed by Presidential Decree" in the former part of Article 123 (2) of the Act means data under subparagraph 2 of Appendix 2-3. |
| (5) | If the data under paragraphs (2) and (4) are stored by using electronic data storage devices, such as diskettes, magnetic tapes, microfilms, optical discs, or computer programs, the institutions, corporations, or organizations requested to provide such data under Article 123 (1) and (2) of the Act may provide the data in such electronic form. |
[This Article Wholly Amended on May 29, 2016]
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| Article 110 (Procedure for notification of data on underreported or evaded income) |
| (1) | If the income reported by an employer or an insured person under Article 125 (1) of the Act falls under any of subparagraphs 1 through 3, and the Service deems that there is underreporting or evasion of income, it shall report such fact to the Minister of Health and Welfare and forward the relevant data to the Commissioner of the National Tax Service: <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| 1. | Where the income reported to the Service is considerably different from the income reported to the Commissioner of the National Tax Service; |
| 2. | Where the income is considerably lower than the average income, etc. by type of business or type of occupation; |
| 3. | Where the income is inconsistent with the contents of the wage ledger or other income-related documents or account books. |
| (2) | Upon receipt of a notice on matters relating to income from the Commissioner of the National Tax Service under Article 125 (2) of the Act, the Service shall reflect the result thereof in the income of the relevant insured person. |
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| Article 111 (Foreigners excluded from mandatory coverage) |
Foreigners who are excluded from becoming workplace-based insured persons or individually insured persons under Article 126 (1) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 15, 2010; Sep. 18, 2018>
| 1. | A foreigner who stays in the Republic of Korea without obtaining permission to extend the period of stay under Article 25 of the Immigration Act; |
| 2. | A foreigner who fails to file for alien registration under Article 31 of the Immigration Act, or to whom a deportation order has been issued under Article 59 (2) of that Act; |
| 3. | A foreigner who has a status of stay under Appendices 1 through 1-3 of the Enforcement Decree of the Immigration Act and who is prescribed by Decree of the Ministry of Health and Welfare. |
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| Article 112 (Notice to foreigners) |
The Service shall notify a foreigner who becomes a workplace-based insured person or an individually insured person under Article 126 (1) of the Act of the fact that they shall become an insured person under the National Pension as a matter of course, if the laws of their home country apply pension-related statutes corresponding to the National Pension to nationals of the Republic of Korea, and of the fact that, if benefits corresponding to a lump-sum refund under the Act are not paid, a lump-sum refund shall not be paid.
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| Article 113 Deleted. <Jun. 30, 2015> |
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| Article 113-2 (Processing of sensitive information and personally identifiable information) |
| (1) | If it is deemed unavoidable to perform the following affairs, the Minister of Health and Welfare and the Service (in the cases of subparagraph 1, including an employment security office entrusted with the affairs of the Service under Article 25-6) may process data containing health information under Article 23 (1) of the Personal Information Protection Act, criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, or a resident registration number, passport number, driver's license number, or alien registration number under subparagraphs 1 through 4 of Article 19 of that Enforcement Decree: <Amended on Jun. 29, 2012; Jun. 30, 2015; Nov. 29, 2016; Jul. 1, 2020; Jun. 29, 2021> |
| 1. | Receipt, handling, etc. of applications for additional inclusion of the period of coverage for unemployment under Article 19-2 of the Act; |
| 1-2. | Affairs under Article 25 of the Act; |
| 2. | Recovery of benefits, notice of, and demand for payment, and disposition for arrears, etc. regarding the amount to be recovered under Articles 57 and 57-2 of the Act; |
| 3. | Approval of disposition for arrears on pension contributions, etc. under Article 95 (4) of the Act; |
| 3-2. | Subsidization and recovery of pension contributions under Articles 100-3 through 100-5 of the Act; |
| 4. | Requests for examination under Article 108 of the Act; |
| 5. | Requests for reexamination and decisions under Articles 110 and 112 of the Act; |
| 5-2. | Subrogation of the right to claim damages under Article 114 of the Act; |
| 6. | Examinations, inquiries, and requests for data, etc. under Articles 122 and 123 of the Act; |
| 7. | Notification, etc. of data on underreported or evaded income under Article 125 of the Act. |
| (2) | If deemed unavoidable to perform the following business affairs, the Health Insurance Service (in the cases of subparagraph 4, including the Korea Asset Management Corporation that performs the affairs on behalf of the Health Insurance Service under Article 95 (6) of the Act) may process data containing personal information under the provisions, with the exception of the subparagraphs, of paragraph (1): <Amended on Jun. 11, 2019> |
| 1. | Notice, etc. of arrears under Article 17 (3) of the Act; |
| 2. | Collection of pension contributions under Article 88 (2) of the Act; |
| 3. | Notice of payment of pension contributions and extension of the payment deadline, etc. under Articles 88-2 and 89 of the Act; |
| 4. | Demand for payment of pension contributions, etc. and disposition for arrears under Article 95 of the Act; |
| 5. | Collection of late-payment interest under Article 97 of the Act; |
| 6. | Payment, etc. of amounts erroneously paid or overpaid under Article 100 (2) of the Act; |
| 7. | Requests for examination under Article 108 of the Act; |
| 8. | Entry, keeping, and provision of matters, such as the payment of pension contributions and termination of the authority to collect under Article 118 (2) of the Act. |
| (3) | If it is deemed unavoidable to perform the entrusted affairs under Article 33, a person entrusted with the affairs of the Service under Article 47 of the Act may process data containing a resident registration number, passport number, or alien registration number under subparagraphs 1, 2, and 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. |
| (4) | The State, local governments, or other public institutions, etc. requested to provide data by the Minister of Health and Welfare or the Service under Article 123 (1) and (2) of the Act may, where it is deemed unavoidable, process data containing personal information under the provisions, with the exception of the subparagraphs, of paragraph (1). <Amended on Nov. 29, 2016> |
[This Article Added on Jan. 6, 2012]
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| Article 114 (Criteria for imposition of administrative fines) |
The criteria for imposing administrative fines under Article 131 (1) of the Act shall be as specified in Appendix 3.
[This Article Added on Apr. 22, 2011]
ADDENDA <Presidential Decree No. 20507, Dec. 31, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 3 through 10, 20, 25, 36, 43, 44, 50, 52 (4), 53, 61 (5) and (6), 62 (2), and 63 shall enter into force on January 1, 2008.
Article 2 (Amount of pension contribution subsidy for farmers and fishers)
The amount of pension contribution subsidies under Article 7 of the Addenda to the wholly amended National Pension Act (Act No. 8541) shall be as follows: <Amended on Mar. 23, 2013>
| 1. | Where the monthly income of an insured farmer or fisher does not exceed the amount determined and publicly notified by the Minister of Health and Welfare at the beginning of each year, in consultation with the Minister of Agriculture, Food and Rural Affairs (hereafter in this Article referred to as "standard income amount"): An amount equivalent to 1/2 of the pension contribution to be paid by such person; |
| 2. | Where the monthly income of an insured farmer or fisher exceeds the standard income amount: An amount equivalent to 1/2 of the pension contribution for the standard income amount. |
Article 3 (Applicability to exemption from collection of amount to be recovered due to unjust enrichment)
The amended provisions of Article 43 shall begin to apply to amounts to be recovered due to unjust enrichment that remain uncollected as at the time this Decree enters into force.
Article 4 (Applicability to deadline for payment of amount to be returned)
The amended provisions of Article 52 (4) shall begin to apply to amounts to be returned for which an application for payment of the amounts to be returned was filed as at the time this Decree enters into force but which have not been paid by the deadline for payment thereof.
Article 5 (Applicability to application for payment of deferred pension contributions)
The amended provisions of Article 62 (2) shall begin to apply to deferred pension contributions for which an application for payment was filed as at the time this Decree enters into force but which have not been paid by the deadline for payment.
Article 6 (Transitional measures concerning workplace-based, voluntarily and continuously insured persons)
Notwithstanding the amended provisions, with the exception of the subparagraphs, of Article 3 (1), any workplace-based, voluntarily and continuously insured person under the previous provisions as at the time this Decree enters into force shall be deemed to be a workplace-based, voluntarily and continuously insured person.
Article 7 (Transitional measures concerning standard monthly income)
| (1) | Notwithstanding the amended provisions of Article 5, the standard monthly remuneration by grade in Appendix 1 of the Enforcement Decree of the National Welfare Pension Act as amended by Presidential Decree No. 12227 shall apply to the standard monthly income for the period of coverage from January 1, 1988 to March 31, 1995, and the standard monthly remuneration by grade in Appendix 1 of the Enforcement Decree of the National Pension Act as amended by Presidential Decree No. 14565 shall apply to the standard monthly income for the period of coverage from April 1, 1995 to December 31, 2007. |
| (2) | Until the standard monthly income is determined under the amended provisions of Article 5, the standard monthly remuneration by grade under the previous provisions shall be deemed to be the standard monthly income under this Decree. |
Article 8 (Transitional measures concerning persons exempted from payment)
A person who was missing under the previous provisions as at the time this Decree enters into force and was exempted from payment shall be deemed to be a person exempted from payment under this Decree, notwithstanding the amended provisions of Articles 20 and 61 (5).
Article 9 (Transitional measures concerning determination of standard monthly remuneration and standard monthly income)
| (1) | When the Service determines the standard monthly remuneration of a workplace-based insured person to be applied to the period from January to March 1988 under the amended Enforcement Decree of the National Welfare Pension Act (Presidential Decree No. 12227), it shall determine the standard monthly remuneration, considering as monthly remuneration, the amount obtained by dividing the total amount of monthly remunerations received for three months (where a month has less than 20 days, which is used as the basis of the payment of remuneration, excluding such month) before the date of report under Article 2 of the Addenda of the same Decree notwithstanding Article 6 of the same Decree by the number of months in the relevant period; provided, in cases of a workplace-based insured person who is an insured person under the Medical Insurance Act, the standard monthly remuneration under the former Medical Insurance Act which is applied as of the date of report under Article 2 of the Addenda of the same Decree may be used as a standard monthly remuneration to be applied to the same period. |
| (2) | When the Service determines the standard monthly income of individually insured persons to be applied to the period from January 1988 to March 1989 under the Enforcement Decree of the National Welfare Pension Act as amended by Presidential Decree No. 12227, it shall, notwithstanding Article 10 of that Decree, determine it as the standard monthly remuneration corresponding to the median value of the standard monthly remuneration under paragraph (1). |
Article 10 (Transitional measures concerning interest rate to be applied to lump-sum refund)
Notwithstanding Article 44 (2) of the Enforcement Decree of the National Welfare Pension Act as amended by Presidential Decree No. 12227, the interest rate to be applied to a lump-sum refund paid to individually insured persons, voluntarily insured persons, and voluntarily and continuously insured persons under subparagraph 2 of Article 67 (2) of the partially amended National Welfare Pension Act (Act No. 3902) shall be as follows for the period from 1988 to 1992:
| 1. | With respect to an amount equivalent to 1/2 of the pension contributions paid during the period of continuous coverage, the interest rate on employees' asset formation savings deposits with a 3-year maturity applied during the relevant calculation period shall apply; |
| 2. | With respect to an amount equivalent to 1/2 of the pension contributions paid during the period of continuous coverage, the interest rate on 1-year time deposits applied during the relevant calculation period shall apply. |
Article 11 (Transitional measures concerning application of standard monthly remuneration for overseas employees)
The standard monthly remuneration of employees falling under the proviso of subparagraph 4 of Article 3 of the Enforcement Decree of the National Pension Act as amended by Presidential Decree No. 12695 shall be determined within 1 month from the date this Decree enters into force, and notwithstanding Article 11 of that Decree, the determined standard monthly remuneration shall begin to apply to the months that include the date on which such determination is made.
Article 12 (Transitional measures concerning determination of standard monthly remuneration)
When the Service determines the standard monthly remuneration to be applied to the period from January to March 1992 of a workplace-based insured person employed in a workplace having between five and nine permanent employees under the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 13449), it shall determine the standard monthly remuneration, considering as monthly remuneration the amount obtained by dividing the total amount of monthly remuneration received for three months (where there is a month in which the number of days is less than 20 days, which is used as the basis of the payment of remuneration, excluding such month) before the date of report under Article 2 of the Addenda of the same Decree notwithstanding Article 6 of the same Decree by the number of months in the relevant period; provided, in cases of a workplace-based insured person who is an insured person under the Medical Insurance Act, the standard monthly remuneration under the former Medical Insurance Act which is applied as of the date of report under Article 2 of the Addenda of the same Decree may be used as standard monthly remuneration to be applied to the same period.
Article 13 (Transitional measures concerning scope of income)
"Article 16 (1) 1 of the Enforcement Decree of the Income Tax Act" in Article 3 (1) 4 b of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565) shall be construed as "Article 12 (1) 2 of the Enforcement Decree of the Income Tax Act" until December 31, 1995.
Article 14 (Transitional measures concerning standard monthly income by grade)
In cases of a person who acquired insured status before April 1, 1995, and whose standard monthly remuneration was determined under the proviso of Article 6 and Article 7 of the Enforcement Decree of the National Pension Act (Presidential Decree No. 14565) before its amendment, or whose standard monthly income was determined under Article 10 of that Decree before its amendment, the standard monthly remuneration or standard monthly income shall be determined in accordance with the table under Article 2 of the Addenda to that Decree, and the amount of monthly remuneration at the time of acquiring insured status shall be construed as the amount of monthly remuneration under the table of Article 2 of the Addenda to that Decree.
Article 15 (Transitional measures concerning calculation of lump-sum refunds)
When calculating a lump-sum refund under Article 44 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565), the previous provisions of that Decree shall apply to the calculation period and the interest rate prior to February 1, 1995.
Article 16 (Transitional measures concerning late-payment interest)
With respect to the collection of late-payment interest, etc. on pension contributions whose payment deadline has passed as at the time the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565) enters into force, the previous provisions of that Decree shall apply.
Article 17 (Transitional measures concerning rate of return on the Fund)
The interest rate of loans offered to support the installation of workplace and private childcare facilities among the welfare promotion projects for insured persons and persons entitled to benefits under Article 83 (2) 5 of the amended National Pension Act (Act No. 4909) as at the time the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 14565) enters into force shall be construed as having been determined by the National Pension Fund Management Committee under Article 52 of that Decree.
Article 18 (Special cases concerning calculation period of interest to be added to lump-sum refund)
In the calculation and payment of interest on a lump-sum refund paid to a person under Article 16 of the Addenda (including the contents amended pursuant to the amended National Pension Act (Act No. 6286); hereafter in this Article, referred to as the "Addenda of the Act") of the amended National Pension Act (Act No. 5623), the calculation period of interest shall be from the month following the month insured status is lost to the month a request for the payment of benefits is made, notwithstanding Article 44 (3) of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16082); provided, the calculation period of interest with respect to a person who has been paid a lump-sum refund under Article 16 (3) of the Addenda of the Act and has lost entitlement as a workplace-based insured person or an individually insured person prior to December 23, 2000 on which the same provisions enters into force shall be from the month following the month he or she lost his or her entitlement as insured person to December 2000.
Article 19 (Applicability to criteria for recognition of persons whose livelihood is maintained)
The criteria for recognition of persons whose livelihood is maintained under Articles 36, 37-2, 43-2, and 45-2 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16082) shall begin to apply to persons for whom a cause for payment arises after that Decree enters into force, and to persons who are paid additional pension for dependents or survivors' pensions under the previous provisions as at January 1, 1999, which is the date that Decree enters into force, and for whom a cause for change in entitlement to benefits arises, respectively.
Article 20 (Special cases concerning standard monthly income of newly insured persons)
| (1) | The standard monthly income of a person who acquires individually insured status under Article 10 of the amended National Pension Act (Act No. 5623) as at April 1, 1999, on which the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16219) enters into force (hereafter in this Article referred to as a "newly insured person") shall be determined by the Service as the income for the previous year under the amended provisions of Article 3 (2), as reported by the newly insured person or their agent under Article 2 of the Addenda to that Act. |
| (2) | The Service may, with the approval of the Minister of Health and Welfare, separately determine, within a period not exceeding 1 year, the time for determining the standard monthly income of a newly insured person and the time for paying pension contributions. |
| (3) | A newly insured person who objects to the standard monthly income determined by the Service may file an application with the Service for adjustment of the standard monthly income. |
Article 21 (Transitional measures concerning interest rate on lump-sum refund)
When calculating and determining a lump-sum refund corresponding to the portion of pension contributions falling under the period of coverage before the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16219) enters into force, the interest and interest rate thereof shall comply with the provisions before the amendment of that Decree, notwithstanding Article 44 of that Decree.
Article 22 (Scope of cases where person is not engaged in income-earning activities)
| (1) | Cases where a person is not engaged in income-earning activities under Article 16 of the Addenda to the amended National Pension Act (Act No. 5623) shall be cases where a person has no income under Article 3 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16219) or cases where a person falls under the case of exemption from the payment of pension contributions under Article 49 of that Decree. |
| (2) | Cases where a person is not engaged in income-earning activities under Article 3 of the Addenda to the amended National Pension Act (Act No. 6027) shall be where a person has no income under Article 3 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 16567) or where a person falls under the requirements for exemption from payment of pension contributions under Article 49 of that Decree. |
Article 23 (Transitional measures concerning persons excluded from coverage under the National Pension)
| (1) | A person who, as at the time the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 17013) enters into force, is excluded from eligibility for coverage under the National Pension under subparagraph 1 of Article 18-2 of that Decree shall, notwithstanding that provision, be construed as an insured person under the previous provisions. |
| (2) | An insured person under paragraph (1) may file a report with the Service to withdraw from coverage as prescribed by Decree of the Ministry of Health and Welfare. |
Article 24 (Transitional measures concerning criteria for recognition of person whose livelihood is supported by person entitled to benefits)
The payment of a survivors' pension to a person whose livelihood is supported by a person entitled to benefits, etc. under the previous provisions as at the time the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 17013) enters into force shall, notwithstanding Appendix 2 of that Decree, be governed by the previous provisions of that Decree before its amendment.
Article 25 (Special cases concerning criteria for calculation of annual revaluation rate)
| (1) | When calculating an amount under subparagraph 1 of Article 34 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 17188), in a year to which Article 6 (2) of the Addenda to the amended National Pension Act (Act No. 6286) applies, the same Article 6 (2) of the Addenda to that Act shall also apply when calculating an amount under subparagraph 2 of Article 34 of that Decree. |
| (2) | In applying subparagraph 2 of Article 34 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 17188), the amount for 1988 shall be the average monthly income of that year, and the amount for 1989 shall be the amount obtained by dividing by 2 the sum of the average monthly income of that year and the average monthly income for 1988 converted according to the national consumer price fluctuation rate for 1989 compared with 1988, as publicly notified by the Commissioner of Statistics Korea under Article 3 of the previous Statistics Act. |
Article 26 (Applicability to workplaces subject to mandatory coverage)
Article 19 (1) 1 and 2 of the amended Enforcement Decree of the National Pension Act (Presidential Decree No. 18027) shall begin to apply to the dates classified as follows:
| 1. | Workplaces that are corporations, or workplaces that fall under the retail business of pharmaceuticals and medical supplies (limited to drugstores), real estate appraisal business, practice of law (including notarial services), practice of patent attorneys, judicial affairs services, practice of certified public accountants, practice of licensed tax accountants (including customs brokerage services), architectural design and related services (limited to construction projects), hospitals, clinics, or veterinary services, from among the Korean Standard Industrial Classification under Article 17 of the previous Statistics Act, or other similar workplaces as prescribed by Decree of the Ministry of Health and Welfare: July 1, 2003; |
| 2. | Workplaces not falling under subparagraph 1 that were covered by the National Health Insurance or Employment Insurance as at July 1, 2003, which is the date on which that Decree enters into force: July 1, 2004; |
| 3. | Workplaces not falling under subparagraphs 1 and 2: January 1, 2006. |
Article 27 (Applicability to income-earning activities)
Article 39 of the partially amended Enforcement Decree of the National Pension Act (Presidential Decree No. 19391) shall begin to apply to pension amounts paid after that Decree enters into force.
Article 28 (Applicability to criteria for determination of degree of disability)
Article 41 (4) and Appendix 3 of the partially amended Enforcement Decree of the National Pension Act (Presidential Decree No. 19391) shall begin to apply to requests for examination of the degree of disability filed after those provisions enter into force.
Article 29 (Applicability to late-payment interest)
Article 51 (1) and (2) of the partially amended Enforcement Decree of the National Pension Act (Presidential Decree No. 19391) shall begin to apply to late-payment interests for which the payment deadlines (referring to extended deadlines under Article 76 (5) of the amended National Pension Act (Act No. 6268)) fall after those provisions enter into force.
Article 30 (Applicability to criteria for recognition of persons whose livelihood is maintained by a person entitled to benefits or an insured person)
Appendix 2 of the partially amended Enforcement Decree of the National Pension Act (Presidential Decree No. 19391) shall begin to apply to benefit amounts paid after that Decree enters into force with respect to any of the following persons:
| 1. | A person for whom a cause for payment of benefits arises after that Decree enters into force; |
| 2. | A person who, as at the time that Decree enters into force, was not paid an additional pension for dependents under the previous provisions but become subject to payment of benefits under Appendix 2 of that Decree; |
| 3. | A person who, as at the time that Decree enters into force, is paid a survivors' pension under the previous provisions and for whom a cause for change in entitlement to benefits arises under Appendix 2 of that Decree. |
Article 31 (Relationship to other statutes or regulations)
If any other statutes or regulations cite the previous provisions of the previous Enforcement Decree of the National Pension Act as at the time this Decree enters into force, they shall be construed as having cited the corresponding provisions of this Decree in lieu of the previous provisions, where corresponding provisions exist in this Decree.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 20795, Nov. 27, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20854, Jun. 20, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on June 22, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21331, Feb. 25, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to determination and applicable period of standard monthly income)
The amended provisions of Article 7 (1) shall begin to apply to determinations of standard monthly income made after this Decree enters into force.
Article 3 (Special cases concerning applicable period of standard monthly income of employees)
The standard monthly income of an employee determined under the previous Article 7 (1) 1 as at the time this Act enters into force shall continue to apply until June 2009.
ADDENDUM <Presidential Decree No. 21463, Apr. 30, 2009>
This Decree shall enter into force on May 1, 2009.
ADDENDA <Presidential Decree No. 21480, May 6, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on May 8, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21645, Jul. 27, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on August 7, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21847, Nov. 26, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on November 28, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21922, Dec. 30, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 5 and 9 shall enter into force on January 1, 2010.
Article 2 (Applicability to lower limit and upper limit of standard monthly income for immediately preceding applicable period)
When amounts in the subparagraphs of Article 5 (1) are determined for the first time after this Decree enters into force, the lower limit of standard monthly income for the immediately preceding applicable period shall be 220,000 won and the upper limit of standard monthly income therefor shall be 3.6 million won.
Article 3 (Transitional measures concerning changes to criteria for recognition of each person whose livelihood is maintained)
| (1) | A person for whom a cause for payment of a survivors' pension or a lump-sum death payment arises before this Decree enters into force shall be paid the survivors' pension or the lump-sum death payment under the previous provisions, notwithstanding the amended provisions of Appendix 1. |
| (2) | A person who, as at the time this Decree enters into force, is subject to calculation of an additional pension for dependents under the previous provisions shall, notwithstanding the amended provisions of Appendix 1, be construed as remaining subject to calculation of an additional pension for dependents under the previous provisions until they are excluded therefrom. |
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22250, Jul. 1, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning determination of standard monthly income)
| (1) | With respect to an insured person to whom the standard monthly income under the previous provisions applies as at the time this Decree enters into force, the standard monthly income under the previous provisions shall apply until March 31, 2011, notwithstanding the amended provisions of Article 10 (1); provided, if the insured person files an application for the application of the standard monthly income under the amended provisions of Article 10 (1), the standard monthly income under the amended provisions of Article 10 (1) shall apply, according to their preference, from the month following the month in which the application is filed (or from the month in which the application is filed if the application is filed before the fifteenth day of the month) or from July 2010. |
| (2) | An insured person who wishes for the application of the standard monthly income under the amended provisions of Article 10 (1) shall file an application with the Service under the proviso of paragraph (1) by March 31, 2011. |
ADDENDA <Presidential Decree No. 22311, Jul. 26, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22347, Aug. 17, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2011; provided, the amended provisions of subparagraph 4 of Article 2, and Articles 3 and 45 shall enter into force on September 1, 2010.
Article 2 (Applicability to additional interest when amounts erroneously paid or overpaid are credited or refunded)
The amended provisions of Article 73 (3) shall begin to apply to amounts erroneously paid or overpaid that occur after this Decree enters into force.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22906, Apr. 22, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23359, Dec. 8, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of subparagraph 2 of Article 40, Article 89, and Article 92 (1) shall enter into force 1 month after the date of its promulgation; the amended provisions of Articles 23-2, 24-2, and 56-2 shall enter into force on December 8, 2011; the amended provisions of Article 45 shall enter into force on January 1, 2012; and the amended provisions of Article 52 shall enter into force on July 1, 2012.
Article 2 (Applicability to installment payment of amounts to be returned)
The amended provisions of Article 52 shall begin to apply to persons who file applications for installment payment of amounts to be returned after July 1, 2012.
Article 3 (Transitional measures concerning imposition of pension contributions on workplace-based insured persons employed in at least 2 workplaces subject to mandatory coverage)
Notwithstanding the amended provisions of the proviso of Article 63, the previous provisions shall apply to the imposition of pension contributions where a workplace-based insured person employed in at least 2 workplaces subject to mandatory coverage receives a monthly income equivalent to the upper limit on the standard monthly income from any of the workplaces, until the last day of the month that includes the date this Decree enters into force.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23620, Feb. 3, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on February 5, 2012. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23908, Jun. 29, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2012.
Article 2 (Applicability to reference date for determination of degree of disability)
The amended provisions of Article 46-2 shall begin to apply to examinations for modification of the amount of disability pensions conducted after this Decree enters into force.
Article 3 (Transitional measures concerning advance payment and refund of pension contributions)
Notwithstanding the amended provisions of Article 58, the previous provisions shall apply to a person who, as at the time this Decree enters into force, has filed an application for advance payment under the previous Article 58.
ADDENDA <Presidential Decree No. 24017, Aug. 3, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on August 5, 2012.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 24499, Apr. 16, 2013>
This Decree shall enter into force on April 23, 2013.
ADDENDUM <Presidential Decree No. 24647, Jun. 28, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24680, Aug. 6, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2014.
Article 2 (Transitional measures concerning period of individual payment of employee contributions)
If a notice of arrears is given before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 24 (1).
ADDENDA <Presidential Decree No. 25279, Mar. 24, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25658, Oct. 15, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Articles 45 and 57 (4) shall enter into force on the date of the promulgation.
Article 2 (Applicability to scope of farmers and fishers)
The amended provisions of Article 57 (4) shall also apply to cases where a request for confirmation of a farmer or fisher is made before the enforcement date under the proviso of Article 1 of the Addenda.
Article 3 (Applicability to refund of amounts erroneously paid or overpaid)
The amended provisions of Article 73 (2) shall also apply where a reason for refund of an amount erroneously paid or overpaid arises before this Decree enters into force.
Article 4 (Transitional measures concerning interest rate on lump-sum refunds)
The previous provisions shall apply to the calculation of lump-sum refunds for pension contributions paid before this Decree enters into force, with respect to interest rates for the period before this Decree enters into force, notwithstanding the amended provisions of Article 50.
ADDENDUM <Presidential Decree No. 26212, Apr. 28, 2015>
This Decree shall enter into force on April 29, 2015.
ADDENDA <Presidential Decree No. 26366, Jun. 30, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on July 29, 2015; provided, the amended provisions of Articles 25-2 through 25-6, 33 (1) 1, and 72 (2) shall enter into force on July 1, 2015, and the amended provisions of Articles 2, 8, and 41 (4) shall enter into force on January 1, 2016.
Article 2 (Applicability to installment payment of amount to be recovered)
The amended provisions of Article 41 (4) shall begin to apply to applications for installment payment of amounts to be recovered filed after January 1, 2016.
ADDENDA <Presidential Decree No. 26369, Jun. 30, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2015.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26600, Oct. 23, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on October 25, 2015. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 26744, Dec. 22, 2015>
This Decree shall enter into force on December 23, 2015; provided, the amended provisions of Articles 3 (1) and 10 (1) and (2) shall enter into force on January 1, 2016.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26938, Jan. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to level of subsidization of pension contributions)
The amended provisions of Article 73-3 (1) shall begin to apply to portions of pension contributions subsidized after this Decree enters into force.
Article 3 (Special cases concerning subsidization of pension contributions)
| (1) | If a workplace, the subsidization of pension contributions for which was suspended under the previous Article 73-2 (2) before this Decree enters into force, does not fall under any of the grounds for suspension of subsidization of pension contributions under the amended provisions of Article 73-2 (2) for the 3 months immediately preceding the month that includes the enforcement date of this Decree, the State shall provide pension contribution subsidies to the relevant workplace for portions subsidized after this Decree enters into force. |
| (2) | If the monthly average number of employees in 2015 in a workplace receiving pension contribution subsidies as at the end of 2015 becomes fewer than 10 under the amended provisions of Article 73-3 (4), the workplace shall be construed as having filed an application for subsidization of pension contributions under Article 73-3 (2) on January 1, 2016. |
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27635, Nov. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on November 30, 2016.
Article 2 (Applicability to filing of applications for payment of deferred pension contributions)
The amended provisions of Article 62 (2) and (3) shall begin to apply to applications for deferred payment of pension contributions under Article 92 (1) of the Act after this Decree enters into force.
Article 3 (Applicability to exceptions to collection of late-payment interest)
The amended provisions of subparagraph 4 of Article 71 shall begin to apply to cases of arrears in pension contributions that occur after this Decree enters into force.
ADDENDA <Presidential Decree No. 27959, Mar. 27, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on March 28, 2017.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28483, Dec. 19, 2017>
This Decree shall enter into force on January 1, 2018; provided, the amended provisions of Article 62 (2) and (3) shall enter into force on January 25, 2018.
ADDENDA <Presidential Decree No. 28978, Jun. 19, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on June 20, 2018.
Article 3 (Applicability to criteria for recognition of payment of survivors' pension to child)
The amended provisions of subparagraph 3 a of Appendix 1 shall begin to apply to children of persons falling under the subparagraphs of Article 72 (1) of the Act who die after this Decree enters into force.
Article 3 (Transitional measures concerning criteria for recognition of payment of additional pension amount for dependents)
A person entitled to benefits who, as at the time this Decree enters into force, receives an additional pension amount for dependents under the criteria for recognition specified in subparagraph 1 of the previous Appendix 1 (hereinafter referred to as "previous criteria for recognition") shall, notwithstanding the amended provisions of subparagraph 1 of Appendix 1, continue to be governed by the previous criteria for recognition until they are excluded from persons eligible for the payment of the additional pension amount for dependents by reason of no longer satisfying the previous criteria for recognition.
ADDENDA <Presidential Decree No. 29073, Jul. 31, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on August 1, 2018.
Article 2 (Transitional measures concerning persons deemed employees)
A person engaged in a construction work for which a project owner has entered into a contract with a contractor or publicly announced a tender before this Decree enters into force shall, notwithstanding the amended provisions of subparagraph 1 a of Article 2, be governed by the previous provisions until July 31, 2020.
ADDENDA <Presidential Decree No. 29163, Sep. 18, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on September 21, 2018.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 29500, Jan. 22, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special cases concerning standard monthly income)
Notwithstanding the amended provisions of Article 5 (1) 1, the lower limit and upper limit of standard monthly income for the applicable period from July 2019 to June 2020 shall be as follows:
| 1. | Lower limit: The amount obtained by multiplying the lower limit of the standard monthly income for the immediately preceding applicable period by the value calculated by dividing item a by item b (rounded to the third decimal place); in such cases, the amount shall be rounded to the nearest 10,000 won: |
| a. | The amount calculated under Article 51 (1) 1 of the Act and applied under the amended provisions of Article 37 from January to December 2019; |
| b. | The amount calculated under Article 51 (1) 1 of the Act and applied under Article 37 from April to December 2018; |
| 2. | Upper limit: The amount obtained by multiplying the upper limit of the standard monthly income for the immediately preceding applicable period by the value calculated by dividing subparagraph 1 a by subparagraph 1 b (rounded to the third decimal place); in such cases, the amount shall be rounded to the nearest 10,000 won. |
ADDENDA <Presidential Decree No. 29813, Jun. 11, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on August 1, 2019.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29831, Jun. 11, 2019>
This Decree shall enter into force on June 12, 2019; provided, the amended provisions of Articles 46-2 and 105 (1) shall enter into force on the date of its promulgation, and the amended provisions of Appendix 2-3 shall enter into force on July 1, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30290, Dec. 31, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 3 (1) 2 shall enter into force on January 1, 2020, and the amended provisions of Article 57 (3) shall enter into force on July 1, 2020.
Article 2 (Applicability to individual payment of employee contributions)
The amended provisions of Article 24 (1) shall also apply to cases in which 10 years have not elapsed since the monthly deadline for payment of the relevant pension contributions as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 30371, Jan. 29, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to meetings of the Management Committee)
The amended provisions of Article 78 (3) and (4) shall begin to apply to reports filed on the activities of the Management Committee for the year 2020.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on June 11, 2020.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 30819, Jul. 1, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2020.
Article 2 (Applicability to part-time employees deemed employees)
The amended provisions of subparagraph 4 of Article 2 shall begin to apply to cases of new appointment or employment (including cases of reappointment or reemployment) after this Decree enters into force.
ADDENDA <Presidential Decree No. 30934, Aug. 11, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on August 12, 2020.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 31176, Nov. 24, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General applicability to methods of public announcement)
This Decree shall begin to apply to public announcements, publications, disclosures, or public notices made after this Decree enters into force.
ADDENDA <Presidential Decree No. 31614, Apr. 6, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on April 6, 2021.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31844, Jun. 29, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on June 30, 2021; provided, the amended provisions of Article 2 shall enter into force on January 1, 2022.
Article 2 (Applicability to income standards applied to persons employed on a daily basis who are deemed employees)
The amended provisions of subparagraph 1 of Article 2 and subparagraph 4 d of that Article shall begin to apply to portions of income arising after the enforcement date of this Decree under the proviso of Article 1 of the Addenda.
Article 3 (Transitional measures concerning criteria for recognition of payment of survivors' pensions to grandchildren or grandparents)
Notwithstanding the amended provisions of subparagraph 3 c and d of Appendix 1, the previous provisions shall apply to the criteria for recognition of the payment of survivors' pensions where a person falling under any subparagraph of Article 72 (1) of the Act dies before this Decree enters into force and thereby a cause for payment of survivors' pensions arises.
ADDENDA <Presidential Decree No. 32091, Oct. 21, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on October 21, 2021.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 32159, Nov. 30, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on December 9, 2021; provided, the amended provisions of Article 45 (5) shall enter into force on April 1, 2022.
Article 2 (Applicability to deduction of difference in settlement amounts for persons entitled to benefits)
The amended provisions of Article 45 (5) shall also apply where a person entitled to benefits files a final return on the tax base of global income under Article 70 of the Income Tax Act before the enforcement date under the proviso of Article 1 of the Addenda and where the difference in settlement amounts is deducted after that enforcement date.
ADDENDA <Presidential Decree No. 32635, May 9, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on May 18, 2022; provided, ··· <omitted> ··· Article 4 of the Addenda shall enter into force on August 18, 2022, and ··· <omitted> ··· shall enter into force.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 32710, Jun. 21, 2022>
This Decree shall enter into force on June 22, 2022; provided, the amended provisions of Appendix 2-2 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33225, Jan. 10, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on January 12, 2023,
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 33593, Jun. 27, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2023. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 33636, Jul. 18, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to consecutive appointment of members of the National Pension Review Committee and the Special Committees of National Pension Fund Management)
| (1) | The restrictions on the consecutive appointment of members of the National Pension Review Committee and the restrictions on the consecutive appointment of members of the Special Committees of National Pension Fund Management under the amended provisions of Articles 13 and 80-3 (3) shall also apply to members commissioned before this Decree enters into force. |
| (2) | For the purposes of applying the amended provisions of Article 13 in accordance with paragraph (1), a member of the National Pension Review Committee who is in office after having been commissioned for the first time before this Decree enters into force may serve for only 2 additional consecutive terms after the expiration of their term of office; a member who has been reappointed once before this Decree enters into force and is in office may serve for only 1 additional consecutive term; and a member who has been reappointed at least twice before this Decree enters into force shall not be reappointed after the expiration of their current term of office. |
| (3) | For the purposes of applying the amended provisions of Article 80-3 (3) under paragraph (1), a member of the Special Committees of National Pension Fund Management who is in office after having been commissioned for the first time before this Decree enters into force may serve for only 1 additional consecutive term after the expiration of their term of office, and a member who has been reappointed at least once before this Decree enters into force shall not be reappointed after the expiration of their current term of office. |
ADDENDUM <Presidential Decree No. 33668, Aug. 16, 2023>
This Decree shall enter into force on September 14, 2023.
ADDENDA <Presidential Decree No. 34163, Jan. 23, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 25-3 (5) shall enter into force on March 1, 2024.
Article 2 (Applicability to loss of insured status due to arrears in pension contributions)
The amended provisions of the main clause of Article 21 shall begin to apply to cases where, as at the time this Decree enters into force, the period of arrears in pension contributions by a voluntarily insured person or a voluntarily and continuously insured person does not exceed 3 months.
ADDENDA <Presidential Decree No. 35498, May 7, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on July 19, 2025.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 35602, Jun. 25, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2025; provided, the amended provisions of Articles 24-3 and 73-4 (3) shall enter into force on January 1, 2026.
Article 2 (Applicability to scope of income)
The amended provisions of Article 3 (1) 2 shall begin to apply to determinations of the standard monthly income that are made after this Decree enters into force under Article 7 (1).
ADDENDA <Presidential Decree No. 35909, Dec. 16, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to upper limit of pension contributions when calculating deferred pension contributions)
The amended provisions of Article 62 (2) shall begin to apply to applications for deferred payment that are filed after the date on which the partially amended National Pension Act (Act No. 21146) enters into force.
