NATIONAL PENSION ACT

Expand Act No. 9385, Jan. 30, 2009 

CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)  
The purposes of this Act are to contribute to stabilizing the livelihood of the people and promoting their welfare through providing them with pension benefits as a protection against aging, disability or death.
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 Article 2 (Administration)  
National pension businesses conducted under this Act shall be administered by the Minister for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 3 (Definitions, etc.)  
(1) The terms as used in this Act shall be defined as follows:
1. The term "employee" means a person (including directors or officers of corporations) who offers his or her service in a workplace, irrespective of the type of occupation and receives wages in return for the service to maintain his or her livelihood: Provided, That those prescribed by Presidential Decree shall be excluded;
2. The term "employer" means a person who owns or runs a business or enterprise;
3. The term "income" means an amount of money obtained by deducting non-taxable income from the earnings gained by offering services for a specified period of time, or an amount of money obtained by deducting necessary expenses from the earnings gained by running businesses or operating assets. In such cases, the scope of income according to the type of insured status under the national pension program (hereinafter referred to as "insured persons") shall be determined by Presidential Decree;
4. The term "average monthly income" means an amount of income obtained by averaging the standard monthly income of all workplace-based insured persons and local area-based insured persons each year; the method of calculation, applicable period of time, etc. thereof shall be determined by Presidential Decree;
5. The term "standard monthly income" means an amount determined by Presidential Decree on the basis of the monthly income of an insured person in order to calculate his or her contributions and benefits, and the method of determination, applicable period of time, etc. thereof shall be determined by Presidential Decree;
6. The term "workplace-based insured person" means an employer or employee who is enrolled in the national pension program in accordance with Article 8;
7. The term "local area-based insured person" means a person who is not a workplace-based insured person, and who is enrolled in the national pension program in accordance with Article 9;
8. The term "voluntarily insured person" means a person who is neither a workplace-based insured person nor a local area-based insured person, and who is enrolled in the national pension program in accordance with Article 10;
9. The term "voluntarily and continuously insured person" means a person whose period of insurance coverage is less than 20 years and who is enrolled in the national pension program in accordance with Article 13 (1);
10. The term "contribution" means the sum of the employer’s contribution and employee’s contribution in the case of a workplace-based insured person, and an amount contributed exclusively by the person in question in the case of a local area-based insured person, voluntarily insured person, and voluntarily and continuously insured person, which is one of the financial sources used for national pension businesses;
11. The term "employer’s contribution" means an amount contributed by the employer of a workplace-based insured person;
12. The term "employee’s contribution" means an amount contributed by a workplace-based insured person; and
13. The term "workplace" means a place of business and office which have employees.
(2) In application of this Act, the term "spouse, husband or wife" includes any person who is in a de facto marital relationship.
(3) In cases where the fetus of a person who is a currently or formerly insured person is born at the time when the person acquires the right to receive benefits pursuant to this Act, the child shall be considered a child whose livelihood has been supported by such currently or formerly insured person.
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 Article 4 (Calculation of Financial Balance of National Pension and Adjustment of Benefits)  
(1) The level of benefits and contributions under this Act shall be adjusted to secure the financial balance of the national pension program for the long-term.
(2) The Minister for Health, Welfare and Family Affairs shall calculate the financial balance of the national pension every five years under the conditions determined by Presidential Decree, and map out a comprehensive plan on the overall operation of the national pension program, including financial outlook, adjustment of contributions, and national pension fund operation plan, on which the approval of the President is to be obtained after deliberation by the State Council, and shall submit the approved plan to the National Assembly to announce it under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) If there is a substantial change in living standards, incomes, prices and economic conditions, the benefits to be paid under this Act shall be adjusted accordingly.
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 Article 5 (National Pension Council)  
(1) The National Pension Council shall be established in the Ministry for Health, Welfare and Family Affairs to deliberate on the following matters concerning the operation of the national pension program: <Amended by Act No. 8852, Feb. 29, 2008>
1. Matters concerning the national pension system and financial calculation;
2. Matters concerning benefits;
3. Matters concerning contributions;
4. Matters concerning the national pension fund; and
5. Other matters concerning the operation of the national pension program on which the Minister for Health, Welfare and Family Affairs seeks consultation.
(2) The National Pension Council shall consist of a chairperson, a vice chairperson and members, and the Vice Minister for Health, Welfare and Family Affairs shall be the chairperson of the Council and the vice chairperson shall be elected from among members representing public interests and the members shall be appointed or commissioned by the Minister for Health, Welfare and Family Affairs in accordance with the following classifications: <Amended by Act No. 8852, Feb. 29, 2008>
1. Four persons who represent employers and are recommended by employers’ organizations;
2. Four persons who represent employees and are recommended by employees’ organizations;
3. The following persons representing local area-based insured persons:
(a) Two persons recommended by farmers’ and fishermen’s organizations;
(b) Two persons recommended by organizations related to self-employed persons, other than by farmers’ and fishermen’s organizations; and
(c) Two persons recommended by civic organizations and consumer organizations; and
4. Five experts who have knowledge and experience in the national pension program as members representing public interests.
(3) Necessary matters concerning the organization and operation of the National Pension Council shall be determined by Presidential Decree.
CHAPTER Ⅱ PERSONS INSURED UNDER THE NATIONAL PENSION PROGRAM
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 Article 6 (Coverage)  
A national of the Republic of Korea who resides in the territory of the Republic of Korea and whose age is in the range from 18 to less than 60 shall be insured under the national pension program: Provided, That public officials, military personnel and private school teachers and staff to whom the Public Officials Pension Act, Veterans’ Pension Act and Pension for Private School Teachers and Staff Act apply, respectively and other persons as prescribed by Presidential Decree shall be excluded.
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 Article 7 (Type of Insured Status)  
Insured persons shall be classified into workplace-based insured persons, local area-based insured persons, voluntarily insured persons, and voluntarily and continuously insured persons.
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 Article 8 (Workplace-Based Insured Persons)  
(1) Employees and employers who are between 18 and less than 60 years of age and who are employed in the workplace as determined by Presidential Decree in consideration of the type of business, number of employees, etc. (hereinafter referred to as an "automatically covered workplace") shall automatically become workplace-based insured persons: Provided, That persons falling under any of the following subparagraphs shall be excluded:
1. Any person who is entitled to receive the retirement pension, disability pension or lump sum retirement pension under the Public Officials Pension Act, Pension for Private School Teachers and Staff Act or Special Post Offices Act or the retirement pension, wounded veterans’ pension and lump sum retirement pension under the Veterans’ Pension Act (hereinafter referred to as a "person entitled to the retirement pension, etc."); and
2. Recipients of assistance under the Basic Livelihood Security Act.
(2) Notwithstanding the provisions of paragraph (1) and Article 6, any employee under the age of 18 in the workplace covered under the national pension program may, if he or she desires, become a workplace-based insured person with the consent of his or her employer.
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 Article 9 (Local Area-Based Insured Persons)  
A person who is not a workplace-based insured person under Article 8 and who is between 18 and less than 60 years of age shall automatically become a local area-based insured person: Provided, That a person who falls under any of the following subparagraphs shall be excluded:
1. Non-income earner whose spouse falls under any of the following items:
(a) Person who is excluded from the coverage of the national pension program in accordance with the proviso to Article 6;
(b) Workplace-based insured person, local area-based insured person, and voluntarily and continuously insured persons;
(c) Employee of a special post office; and
(d) Person entitled to the old-age pension and person entitled to the retirement pension, etc.;
2. Person entitled to the retirement pension, etc.;
3. Person who is between 18 and less than 27 years of age and who has no income due to such reasons as studying or military service (excluding those who have ever paid contributions);
4. Recipient of assistance under the Basic Livelihood Security Act; and
5. Person missing for one year or more. In such cases, the criteria and method to determine a missing person shall be determined by Presidential Decree.
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 Article 10 (Voluntarily Insured Person)  
(1) A person who does not fall under any of the following subparagraphs and who is between 18 and less than 60 years of age may become a voluntarily insured person if he or she submits an application for coverage by the national pension program to the National Pension Service under the conditions as determined by Ministerial Decree for Health, Welfare and Family Affairs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Workplace-based insured person; and
2. Local area-based insured person.
(2) A voluntarily insured person may withdraw the coverage of the national pension program by submitting an application to the National Pension Service under the conditions as prescribed by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 11 (Time of Acquisition of Insured Status)  
(1) A workplace-based insured person shall acquire insured status on the date on which he or she falls under any of the following subparagraphs:
1. When he or she is employed in the workplace as referred to in the main sentence of Article 8 (1) or has become the employer of such workplace; and
2. When his or her workplace has become an automatically covered workplace.
(2) A local area-based insured person shall acquire his or her insured status on the date on which he or she falls under any of the following subparagraphs:
1. When he or she loses the status of a workplace-based insured person;
2. When he or she ceases to be excluded from the coverage of the national pension program in accordance with the proviso to Article 6;
3. When his or her spouse obtains extra income in accordance with subparagraph 1 of Article 9; and
4. When a person who is between 18 and less than 27 years of age obtains income.
(3) A voluntarily insured person shall acquire insured status on the date on which the application for coverage is accepted.
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 Article 12 (Time of Loss of Insured Status)  
(1) A workplace-based insured person shall lose insured status on the date following the date on which he or she falls under any of the following subparagraphs: Provided, That in cases falling under subparagraph 5, he or she shall lose insured status on the date when he or she falls under such subparagraph:
1. When he or she dies;
2. When he or she loses his or her nationality or emigrates to a foreign country;
3. When his or her employment contract terminates;
4. When he or she reaches the age of 60; and
5. When he or she is excluded from the coverage of the national pension program in accordance with the proviso to Article 6.
(2) A local area-based insured person shall lose insured status on the day following the date when he or she falls under any of the following subparagraphs: Provided, That in the case falling under subparagraphs 3 and 4, he or she shall lose insured status on the very day when he or she falls under such subparagraphs:
1. When he or she dies;
2. When he or she loses his or her nationality or emigrates to a foreign country;
3. When he or she comes to be excluded from the coverage of the national pension program in accordance with the proviso to Article 6;
4. When he or she acquires the status of a workplace-based insured person;
5. When he or she no longer has extra income as the spouse of a person falling under subparagraph 1 of Article 9; and
6. When he or she reaches the age of 60.
(3) A voluntarily insured person shall lose his or her insured status on the day following the date on which he or she falls under any of the following subparagraphs: Provided, That in the case falling under subparagraphs 6 and 7, he or she shall lose his or her insured status on the very date on which he or she falls under such subparagraphs:
1. When he or she dies;
2. When he or she loses his or her nationality or emigrates to a foreign country;
3. When an application for withdrawal as referred to in Article 10 (2) is accepted;
4. When he or she reaches 60 years of age;
5. When he or she continuously fails to pay contributions for a period exceeding that prescribed by Presidential Decree;
6. When he or she acquires the status of a workplace-based insured person or local area-based insured person; and
7. When he or she is excluded from the coverage of the national pension program in accordance with the proviso to Article 6.
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 Article 13 (Voluntarily and Continuously Insured Person)  
(1) Notwithstanding the provision of Article 6, in cases where a person who falls under any of the following subparagraphs submits an application to the National Pension Service for coverage by the national pension program under the conditions as prescribed by Ministerial Decree for Health, Welfare and Family Affairs before he or she reaches 65 years of age, he or she may become a voluntarily and continuously insured person. In such cases, such status shall be obtained on the date on which the application is accepted: <Amended by Act No. 8852, Feb. 29, 2008>
1. A person whose period of insurance coverage is less than 20 years and who has reached 60 years of age; and
2. A person who engages or once engaged in an occupation as prescribed by Presidential Decree (hereinafter referred to as an "employee engaged in a special occupation") acquires entitlement to receive the special old-age pension pursuant to Article 61 (2) and (3) and Article 5 of the Addenda of the amended National Welfare Pension Act (Act No. 3902).
(2) A voluntarily and continuously insured person may withdraw the coverage of the national pension program by submitting an application to the National Pension Service under the conditions as prescribed by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) A voluntarily and continuously insured person shall lose his or her insured status on the day following the date on which he or she falls under any of the following subparagraphs:
1. When he or she dies;
2. When he or she loses his or her nationality or emigrates to a foreign country;
3. When an application for withdrawal as referred to in paragraph (2) is accepted; and
4. When he or she continuously fails to pay contributions over a period of time longer than that as determined by Presidential Decree.
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 Article 14 (Confirmation of Insured Status)  
(1) The National Pension Service shall be responsible for providing confirmation of acquisition or loss of insured status for all insured persons.
(2) The acquisition or loss of insured status shall take effect at the time when insured status is acquired or lost under the provisions of Articles 11 through 13 with the confirmation of the National Pension Service as referred to in paragraph (1).
(3) The confirmation as referred to in paragraph (1) shall be made at the request of an insured person, by a report filed under the provision of Article 21 or at the discretion of the National Pension Service.
(4) A person who is a currently or formerly insured person may, at any time, request confirmation on the acquisition and loss of insured status, and change in the type of insured status under the conditions prescribed by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 15 (Presumption of Death)  
A person whose life or death is uncertain while travelling by airplane or ship in which an accident has occurred, or a person whose life or death is uncertain due to other reasons shall be presumed to be deceased under the conditions prescribed by Presidential Decree.
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 Article 16 (Insurance Policy)  
(1) The National Pension Service shall issue a national pension insurance policy to all insured persons.
(2) Necessary matters concerning the forwarding of national pension insurance policies as referred to in paragraph (1) shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 17 (Calculation of Period of Insurance Coverage)  
(1) The period of insurance coverage under the national pension program (hereinafter referred to as a "period of insurance coverage") shall be calculated on a monthly basis, starting from the month following the month in which a person acquires insured status to the month to which the date preceding the day on which the person loses such status belongs: Provided, That in cases falling under any of the following subparagraphs, the month in which a person acquires insured status shall be included in the period of insurance coverage, but in cases where an insured person re-acquires insured status in the month to which the date preceding the date on which he or she lost insured status belongs, the month in which he or she re-acquires the insured status shall not be repeatedly included in the period of insurance coverage:
1. Where the date of acquisition of insured status is the first day of the month to which such date belongs;
2. Where a person acquires the status of a voluntarily and continuously insured person; and
3. Where an insured person desires.
(2) The period in which no contribution is paid shall not be included in a period of insurance coverage: Provided, That in cases where an employer who has deducted contributions from the wages of an employee fails to pay the contributions, a period corresponding to 1/2 of the period in which contributions are not paid shall be included in the period of insurance coverage of such employee. In such cases, a period of less than one month shall be counted as one month.
(3) In cases where the National Pension Service notifies an employee of his or her workplace’s delinquency in the payment of contributions under the conditions as prescribed by Ministerial Decree for Health, Welfare and Family Affairs, the delinquency period starting from the month following the notified delinquency month shall not be included in the period of insurance coverage, notwithstanding the proviso to paragraph (2). In such cases, such employee may pay contributions to the National Pension Service under the conditions as prescribed by Presidential Decree, despite Article 90 (1). <Amended by Act No. 8852, Feb. 29, 2008>
(4) In cases where a lump sum refund paid in accordance with Article 77 falls under an unlawful profit as referred to in Article 57 (1) and is not returned, a period corresponding to it shall not be included in the period of insurance coverage.
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 Article 18 (Inclusion of Additional Period of Insurance Coverage for Military Service)  
(1) In cases where a person who falls under any of the following subparagraphs is entitled to the old age pension (including cases where a person can be entitled to the old age pension if an additional period is included in his or her insured person under this Article), six months shall be additionally included in the period of insurance coverage: Provided, That in cases where the period in which a person served in the military under the Military Service Act is less than six months, the same shall not apply:
1. Person in active service under Article 5 (1) 1 of the Military Service Act; and
2. Public interest service personnel under Article 2 (1) 9 of the Military Service Act.
(2) Notwithstanding the provisions of paragraph (1), the provisions of paragraph (1) shall not apply to cases falling under any of the following subparagraphs:
1. Where the whole or part of the period in which a person served in the military under the Military Service Act is included in the term of service under the Public Officials Pension Act, Pension for Private School Teachers and Staff Act and Special Post Offices Act or in the period of military service under the Veterans’ Pension Act; and
2. Where a person has paid contributions during the period in which he/ she serviced in the military under the Military Service Act and such period is accepted as a period of insurance coverage: Provided, That in cases where the relevant period of insurance coverage is less than 6 months, it shall be excluded.
(3) Financial sources needed for the inclusion of additional period of insurance coverage pursuant to paragraph (1) shall be wholly borne by the State.
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 Article 19 (Inclusion of Additional Period of Insurance Coverage for Childbirth)  
(1) In cases where a person who is a currently or formerly insured person with two or more children is entitled to the old age pension (including cases where a person can be entitled to the old age pension if an additional period is included in the period of his or her insurance coverage under this Article), a period as specified in the following subparagraphs shall be included additionally in the period of insurance coverage: Provided, That an additional period to be included in the period of insurance coverage shall not exceed 50 months, and necessary matters concerning the method of recognition of the number of children shall be determined by Presidential Decree:
1. Where the number of children is two: 12 months; and
2. Where the number of children is not less than three: 12 months which is accepted for two children plus 18 months for each additional child.
(2) In cases where both parents are currently or formerly insured persons, an additional period as referred to in paragraph (1) shall be included in the period of one parent’s insurance coverage under the agreement between the father and the mother, and when both parents fail to reach agreement, the additional period shall be equally divided to be included in the period of insurance coverage of each parent. In such cases, necessary matters concerning the procedure of agreement, etc. shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Financial sources needed for the inclusion of an additional period as referred to in paragraph (1) shall be borne by the State in whole or in part.
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 Article 20 (Aggregation of Periods of Insurance Coverage)  
(1) With respect to a person who has re-attained the status of an insured person after losing his or her insured status, the former and latter periods of insurance coverage shall be aggregated.
(2) In cases where there is change in a person’s type of insured status, the period of insurance coverage of each type of insured status shall be summed up.
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 Article 21 (Reports)  
(1) The employer of a workplace-based insured person shall report to the National Pension Service the fact that the workplace falls under an automatically insured workplace, matters concerning changes in the nature of the workplace, matters concerning the suspension and closure of business, acquisition and loss of insured status, matters concerning the monthly income of insured persons, etc. under the conditions prescribed by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) A local area-based insured person, voluntarily insured person, or voluntarily and continuously insured person shall, under the conditions prescribed by Ministerial Decree for Health, Welfare and Family Affairs, report matters concerning the acquisition and loss of insured status, changes in name or address, income, etc. to the National Pension Service. <Amended by Act No. 8852, Feb. 29, 2008>
(3) In cases where a local area-based insured person, voluntarily insured person, or voluntarily and continuously insured person is unable to make a report as referred to in paragraph (2) due to any inevitable cause, his or her spouse or any one of his or her family members may submit the report on his or her behalf.
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 Article 22 (Notices, etc. to Reporting Person)  
(1) The National Pension Service shall, upon receipt of a report as referred to in Article 21, confirm the contents therein, and if it deems that the contents therein differ from the relevant facts, notify the reporting person of such fact.
(2) With respect to a notice as referred to in paragraph (1), the provision of Article 23 (3) shall apply mutatis mutandis.
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 Article 23 (Notices, etc. to Insured Persons)  
(1) The National Pension Service shall, when it has confirmed the acquisition and loss of a workplace-based insured person’s status under Article 14, or determined or adjusted the standard monthly income, notify such fact to the employer of the relevant workplace, and when it has confirmed the acquisition and loss of a local area-based insured person’s, voluntarily insured person’s, or voluntarily and continuously insured person’s status, or determined or adjusted the standard monthly income, it shall also notify such fact to the relevant local area-based insured person, voluntarily insured person, or voluntarily and continuously insured person.
(2) An employer who receives a notice as referred to in paragraph (1) shall notify it to the relevant workplace-based insured person or the relevant person who has lost insured status, and in cases where he or she is unable to issue notice, not knowing the address of the person to whom the notice is to be issued, he or she shall notify such fact to the National Pension Service.
(3) The National Pension Service may, when any of the following subparagraphs takes place, make a public notice under the conditions as prescribed by Ministerial Decree for Health, Welfare and Family Affairs in lieu of a notice: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where a workplace is closed down;
2. Where it is unable to locate a local area-based insured person, voluntarily insured person, or voluntarily and continuously insured person to whom a notice is to be issued under paragraph (1);
3. Where it receives a notice from an employer pursuant to paragraph (2); and
4. Other cases where there exist inevitable causes to prevent issuance of notice as determined by Presidential Decree.
CHAPTER Ⅲ NATIONAL PENSION SERVICE
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 Article 24 (Establishment of National Pension Service)  
The National Pension Service (hereinafter referred to as the "NPS") shall be established to effectively carry out businesses commissioned by the Minister for Health, Welfare and Family Affairs to attain the purpose set forth in Article 1.<Amended by Act No. 8852, Feb. 29, 2008>
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 Article 25 (Duties of NPS)  
The NPS shall carry out the following duties: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9385, Jan. 30, 2009>
1. Management and maintenance of records on insured persons;
2. Collection of contributions;
3. Determination and disbursement of benefits;
4. Welfare promotion businesses, such as consulting on old age pension plans, support of earning incomes and lending of money, and establishment and operation of welfare facilities for currently and formerly insured persons and entitled persons under Article 50;
5. Lending of money to currently and formerly insured persons to grow the Fund;
6. Matters commissioned by this Act or other Acts and subordinate statutes; and
7. Other matters commissioned by the Minister for Health, Welfare and Family Affairs concerning the national pension program.
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 Article 26 (Legal Personality of NPS)  
The NPS shall be a corporate entity.
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 Article 27 (Offices)  
(1) The location of the principal office of the NPS shall be determined by the articles of incorporation.
(2) The NPS may, if necessary, establish branch offices under the conditions as prescribed by the articles of incorporation.
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 Article 28 (Articles of Incorporation)  
(1) The articles of incorporation of the NPS shall include the following matters:
1. Objectives;
2. Name;
3. Matters concerning the principal and branch offices;
4. Matters concerning officers and employees;
5. Matters concerning the Board of Directors;
6. Matters concerning businesses;
7. Matters concerning budget and settlement of accounts;
8. Matters concerning assets and accounts;
9. Matters concerning amendments to the articles of incorporation;
10. Matters concerning the enactment, amendment and abolition of rules and regulations; and
11. Matters concerning public notices.
(2) In cases where the NPS desires to amend the articles of incorporation, it shall obtain the approval of the Minister for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 29 (Registration of Establishment)  
The NPS shall come into existence upon completion of registration of establishment at the location of its principal office.
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 Article 30 (Officers)  
(1) The NPS shall have officers, including one president, three or fewer standing directors, seven directors and one auditor. The directors shall include one or more representative each of employers, employees and local area-based insured persons and one ex officio director who is a national public official of rank three or higher in charge of national pension affairs in the Ministry for Health, Welfare and Family Affairs or a public official in general service who belongs to the Senior Civil Service. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The president shall be appointed and dismissed by the President upon the recommendation of the Minister for Health, Welfare and Family Affairs, and the standing directors, directors (excluding the ex officio director) and auditor shall be appointed and dismissed by the Minister for Health, Welfare and Family Affairs upon the recommendation of the president. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The directors shall not be remunerated for their works: Provided, That actual expenses may be reimbursed.
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 Article 31 (Fund Director)  
(1) A director to be in charge of affairs related to the management and operation of the National Pension Fund under Article 101 (hereinafter referred to as the "National Pension Fund") (hereinafter referred to as the "fund director") shall be appointed from among the standing directors who are highly knowledgeable and experienced in the fields of business administration, economy and fund operation.
(2) In order to recommend candidates for the fund director, the Fund Director Recommendation Committee which is comprised of the president as its chairperson and the directors as its members shall be established in the NPS (hereinafter referred to as the "Recommendation Committee").
(3) The Recommendation Committee shall publicly announce in major daily newspapers the invitation of candidates for the fund director, and apart from this, may investigate persons deemed fit for the post of the fund director or entrust such investigation to a professional organization.
(4) The Recommendation Committee shall, in accordance with the criteria for the examination of candidates for the fund director as prescribed by Ministerial Decree for Health, Welfare and Family Affairs, examine the candidates who responded to the invitations referred to in paragraph (3), and consult with persons to be recommended as a final candidate for the fund director on the terms of contract. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The president shall, in accordance with the results of deliberation and consultation as referred to in paragraph (4), recommend the final candidate for the fund director to the Minister for Health, Welfare and Family Affairs, simultaneously submitting a draft contract. <Amended by Act No. 8852, Feb. 29, 2008>
(6) When the Minister for Health, Welfare and Family Affairs approves the recommendation proposal and draft contract submitted under paragraph (5), the president shall enter into a contract with the final candidate. <Amended by Act No. 8852, Feb. 29, 2008>
(7) The submission of a recommendation proposal and draft contract under paragraph (5) and approval thereon under paragraph (6) shall be regarded as the recommendation and appointment of a standing director as referred to in Article 30 (2).
(8) Necessary matters concerning the qualification of the fund director, consultation on the draft contract, recommendation, conclusion of contract, etc. shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 32 (Term of Office of Officers)  
The term of office of officers shall be three years: Provided, That the term of office of the ex officio director shall be the duration of his status as an ex officio director, and the term of office of the fund director shall be the term of the relevant contract.
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 Article 33 (Duties of Officers)  
(1) The president shall represent the NPS, and supervise the operation of the NPS.
(2) The standing directors shall be allocated the affairs of the NPS under the conditions as prescribed by the articles of incorporation, and in cases where the president is unable to carry out his or her duties due to any unavoidable circumstance, they shall act for the president in the priority order determined by the articles of incorporation.
(3) The auditor shall audit and inspect the accounts, and status of the execution of operations and properties of the NPS.
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 Article 34 (Appointment of Representative)  
The president may appoint a representative who has the authority to perform all judicial or non-judicial acts from among his or her staff under the conditions as prescribed by the articles of incorporation.
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 Article 35 (Disqualifications of Officers)  
No person who falls under any of the following subparagraphs shall be an officer of the NPS:
1. An incompetent or quasi-incompetent;
2. A person who has been declared bankrupt and is not yet reinstated;
3. A person who was sentenced to imprisonment without prison labor or heavier punishment, and for whom three years have not passed since the execution of such punishment was terminated or exempted; and
4. A person who is disqualified or whose qualification is suspended under any Act or by a court decision.
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 Article 36 (Ex Officio Retirement and Dismissal of Officers)  
(1) Any officer who falls under any of the subparagraphs of Article 35 shall retire ex officio from his or her office.
(2) The person with the authority to appoint or dismiss officers may, if any officer falls under any of the following subparagraphs, dismiss the relevant officer:
1. When it is accepted that the relevant officer is unable to carry out his or her duties due to his or her physical or mental disorder;
2. When the relevant officer has violated obligations associated with his or her duties;
3. When the relevant officer has caused a loss to the NPS on purpose or by gross negligence; and
4. When the fund director falls under the causes for dismissal as prescribed in the terms of contract concluded by and between him and the president under Article 31 (6).
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 Article 37 (Restriction on Holding Concurrent Offices by Officers and Employees)  
The president, standing directors, auditor and employees of the NPS shall not be engaged in profit-making business, and the president, standing directors and auditor shall not hold other offices concurrently without permission of the Minister for Health, Welfare and Family Affairs, and employees, without permission of the president. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 38 (Board of Directors)  
(1) In order to deliberate on and resolve important matters of the NPS, the Board of Directors shall be established within the NPS.
(2) The Board of Directors shall be comprised of the president, standing directors and directors.
(3) The president shall call and preside over the meetings of the Board of Directors.
(4) The resolutions of the Board of Directors shall be made in the presence of a majority of registered constituent members and by the affirmative voting of a majority of constituent members present.
(5) The auditor may attend and state his or her opinions at meetings of the Board of Directors.
(6) Necessary matters concerning the operation of the Board of Directors shall be determined by Presidential Decree.
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 Article 39 (Appointment and Dismissal of Employees)  
The employees of the NPS shall be appointed and dismissed by the president under the conditions prescribed by the articles of incorporation.
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 Article 40 (Status of Officers and Employees)  
In application of Articles 129 through 132 of the Criminal Act, the officers and employees of the NPS shall be regarded as public officials.
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 Article 41 (Supervision of NPS)  
(1) The NPS shall obtain the approval of the Minister for Health, Welfare and Family Affairs on its business operation plan and budget each fiscal year under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The NPS shall report to the Minister for Health, Welfare and Family Affairs on its performance of business and settlement of accounts within two months after the closing of each fiscal year. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister for Health, Welfare and Family Affairs may order the NPS to report on its business, or inspect the status of its business or property, and if deemed necessary, take measures necessary for supervision, such as an order to amend the articles of incorporation. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 42 (Accounting of NPS)  
(1) The fiscal year of the NPS shall coincide with that of the Government.
(2) The NPS shall establish its accounting regulations under the approval of the Minister for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 43 (Revenues and Expenditure of NPS)  
The revenues of the NPS shall consist of money transferred from the National Pension Fund, government subsidies, loans and other income, and its expenditure shall consist of various kinds of benefits under this Act, reserves, returned money, repayment of lent money and interest accrued therefrom and other expenses incurred from the operations and businesses of the NPS.
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 Article 44 (Temporary Loans and Appropriation by Transfer)  
(1) The NPS may, when it has a shortfall of funds, borrow a temporary loan from the National Pension Fund each fiscal year.
(2) Temporary loans shall be redeemed within the relevant fiscal year.
(3) The NPS may, if its expenditure related to various kinds of benefits exceeds its revenues, appropriate the National Pension Fund to make up for the deficiency each fiscal year, undergoing the deliberation of the National Pension Fund Operation Committee established under Article 103.
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 Article 45 (Treatment of Surplus)  
If there is a surplus as a result of the settlement of accounts at the end of each fiscal year, the NPS shall make up for deficiencies therewith and reserve the balance in the National Pension Fund.
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 Article 46 (Welfare Business and Loan Business)  
(1) The NPS may conduct the following welfare business to promote the welfare of currently and formerly insured persons and entitled persons under the conditions as prescribed by Presidential Decree:
1. Loan services;
2. Establishment, supply, lease and operation of the welfare facilities for the aged under the Welfare of the Aged Act;
3. Establishment and operation of the sports facilities under the Installation and Utilization of Sports Facilities Act as supporting facilities for the welfare facilities for the aged mentioned in subparagraph 2; and
4. Other welfare business as prescribed by Presidential Decree.
(2) The NPS may make an investment in a corporation as determined by Ministerial Decree for Health, Welfare, and Family Affairs from the national pension fund in order to conduct the welfare business mentioned in paragraphs (1) 2 and 3
(3) The NPS may carry out loaning business to increase the national pension fund for currently and formerly insured persons as prescribed by Presidential Decree.
(4) Officers and employees of the NPS in charge of the loan business under paragraphs (1) or (3) shall, if they cause any damage to the NPS in the course of performing their duties by intention or by gross negligence, indemnify the NPS against such damage.
(5) Matters regarding methods of the investment under paragraph (2) shall be determined by Ministerial Decree for Health, Welfare, and Family Affairs.
[This Article Wholly Amended by Act No. 9385, Jan. 30, 2009]
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 Article 46-2 (Special Cases Concerning Business of Establishing Welfare Facilities)  
In cases where the NPS acquires land which has been developed by the State, a local government, the Korea Land Corporation under the Korea Land Corporation Act, the Korea National Housing Corporation under the Korea National Housing Corporation Act, or other public authorities as prescribed by Presidential Decree for the purpose of establishing a welfare facility under Article 46 (1) 2 or 46 (1) 3, the NPS shall be deemed to be the State or a local government.
[This Article Added by Act No. 9385, Jan. 30, 2009]
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 Article 46-3 (Consulting on Old Age Pension Plans and Support for Earning Incomes)  
The NPS may conduct business of consulting on old age pension plans or providing support for earning incomes for currently and formerly insured persons and entitled persons in order to guarantee proper incomes after retirement through multi-layered protection system as prescribed by Presidential Decree.
[This Article Added by Act No. 9385, Jan. 30, 2009]
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 Article 47 (Entrustment of Affairs)  
(1) The NPS may entrust affairs related to the receipt of contributions and repayments of loans, affairs related to the disbursement of benefits and loans, and other affairs in whole or in part to corporations conducting social insurance businesses under other Acts and subordinate statutes, post offices, financial institutions and other persons.
(2) The scope of affairs which the NPS may entrust and the scope of persons to whom such affairs may be entrusted under paragraph (1) shall be determined by Presidential Decree.
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 Article 48 (Application Mutatis Mutandis of Civil Act)  
The provisions of the Civil Act pertaining to incorporated foundations shall apply mutatis mutandis, except as otherwise provided for in this Act for the NPS.
CHAPTER Ⅳ PENSION BENEFITS
Section 1 General Provisions
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 Article 49 (Kinds of Benefits)  
The kinds of benefits as prescribed in this Act shall be as follows:
1. Old age pension;
2. Disability pension;
3. Survivors’ pension; and
4. Lump sum refund.
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 Article 50 (Payment of Benefits)  
(1) Benefits shall be paid by the NPS at the request of a person who has the right to receive such benefits (hereinafter referred to as an "entitled person").
(2) Pension amounts shall be calculated on the basis of a basic pension amount and additional pension amount, which varies according to the grounds of payment thereof.
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 Article 51 (Basic Pension Amount)  
(1) The basic pension amount for an entitled person shall be an amount obtained by multiplying the sum of the amounts specified in each of the following subparagraphs by 1200/1000: Provided, That if the period of insurance coverage exceeds twenty years, an amount equivalent to 50/1000 of the amount obtained in the main sentence shall be added to the amount obtained in the main sentence for each excess year (in cases where the period of insurance coverage is less than one year, each month shall be calculated as 1/12 of a year): <Amended by Act No. 8852, Feb. 29, 2008>
1. An amount obtained by dividing the sum of the amounts in the following items by three:
(a) An amount obtained by converting the average monthly income from the year three years preceding the first year of the payment of pension benefits according to the National Consumer Price Index (referring to the National Consumer Price Index announced by the Commissioner of the Korea National Statistical Office each year under Article 3 of the Statistical Act; hereafter the same shall apply in this Article) of the year preceding the first year of the payment of pension benefits, compared with that of the year three years preceding the first year of payment of pension benefits;
(b) An amount obtained by converting the average monthly income of the year two years before the first year of the payment of pension benefits according to the National Consumer Price Index of the year preceding the first year of payment of pension benefits, compared with that of the year two years preceding the first year of the payment of pension benefits; and
(c) The average monthly income of the year preceding the first year of the payment of pension benefits; and
2. An amount obtained by converting the standard monthly income for the period of insurance coverage of an insured person into its value of the year preceding the first year of the payment of pension benefits, each year according to the annual revaluation rate as announced by the Minister for Health, Welfare and Family Affairs under the conditions prescribed by Presidential Decree and then dividing the sum of all converted standard monthly incomes of each year by the total period of insurance coverage: Provided, That such amount shall be an amount to be calculated according to the following items:
(a) The standard monthly income for an additionally included period pursuant to Article 18 shall be an amount equivalent to 1/2 of the amount calculated according to subparagraph 1; and
(b) The standard monthly income for an additionally included period pursuant to Article 19 shall be an amount calculated according to subparagraph 1.
(2) When applying the amounts obtained in any subparagraph of paragraph (1) to an entitled person, an amount equivalent to the change rate shall be added or deducted by the end of March of each year, based on the National Consumer Price Index of the year preceding the first year of the payment of pension benefits, which is compared with that of the year two years before the first year of the payment of pension benefits, which shall undergo deliberation by the National Pension Council established under Article 5 in advance.
(3) When applying the amount adjusted under paragraph (2) to an entitled person, the applicable period shall be from April of the relevant year of adjustment to March of the following year.
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 Article 52 (Additional Pension Amount)  
(1) The additional pension amount to be paid to the persons whose livelihood is supported by an entitled person (referring to a currently or formerly insured person in the case of the survivors’ pension) at the time when the entitled person acquires the right to receive benefits or the persons in the following subparagraphs, whose livelihood is supported by a person entitled to the old age pension or disability pension after the entitled person acquires the right to receive benefits shall be an amount as provided in the relevant subparagraph. In such cases, the criteria for recognition of persons whose livelihood is supported shall be determined by Presidential Decree:
1. Spouse: 150,000 won per year;
2. Children under 18 years of age or with a disability of grade 2 or higher (including children born to the spouse before marriage; hereafter the same shall apply in this Article): 100,000 won per year; and
3. Parents aged 60 or older or with a disability of grade 2 or higher (including the parents of the spouse; hereafter the same shall apply in this Article): 100,000 won per year.
(2) When the additional pension amount under paragraph (1) is applied to an entitled person, the provisions of Article 51 (2) and (3) shall apply mutatis mutandis.
(3) In cases where the persons in each of the subparagraphs of paragraph (1) are persons entitled to any pension, they shall be excluded from the calculation of additional pension amount under paragraph (1).
(4) When calculating an additional pension amount, none of persons in any of the subparagraphs of paragraph (1) shall be subject to the calculation of additional pension amount of two or more persons entitled to any pension.
(5) In cases where the persons in each of the subparagraphs of paragraph (1) fall under any of the following subparagraphs, such persons shall be excluded from the calculation of additional pension amount:
1. When such persons are deceased;
2. When the situation in which such persons’ livelihood is supported by an entitled person ceases to exist;
3. When such persons are divorced from their spouses;
4. When such persons’ children are adopted by another person or their adoptive relations are dissolved;
5. When such persons’ child reaches 18 years of age: Provided, That those who have been subject to a disability of grade 2 or higher since the entitled person acquired the right to receive benefits shall be excluded;
6. When such persons’ child or parent who was in the disabled condition of grade 2 or higher is no longer in such condition; and
7. When their relationship with the child born to the spouse before marriage is terminated by divorce.
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 Article 53 (Maximum Pension Amount)  
The amount of monthly pension payment shall not exceed the largest amount from among the amounts mentioned in the following subparagraphs:
1. An amount obtained by adjusting mutatis mutandis to Article 51 (2) the average of the standard monthly incomes (adjusted mutatis mutandis to Article 51 (1) 2 based on that of the year preceding the first year of receipt of pension benefits) for the last five years during which the person who received the benefits was an insured person; and
2. An amount obtained by adjusting mutatis mutandis to Article 51 (2) the average of the standard monthly incomes (adjusted mutatis mutandis to Article 51 (1) 2 based on that of the year preceding the first year of receipt of pension benefits) for the period of insurance coverage.
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 Article 54 (Period and Time of Payment of Pension Benefits)  
(1) Pension benefits shall be paid, starting from the month following the month in which a ground for payment of pension benefits occurs (in cases where a ground for payment of pension benefits occurs because money to be returned under Article 78 (1) is paid or a delayed contribution under Article 92 (1) is paid, the date on which the relevant payment is made) to the month in which the right to receive benefits expires.
(2) Pension benefits shall be paid on the last day of each month on a monthly basis, and in cases where the date of payment falls on a Saturday or a public holiday, it shall be paid on the date preceding the date on which the payment is due: Provided, That in cases where the right to receive pension benefits expires or the payment of pension benefits is suspended, pension benefits may be paid before the due date.
(3) In cases where there occurs a ground to suspend the payment of pension benefits, the pension benefits shall not be paid from the month following the month in which such ground occurs until the month in which the cause ceases to exist.
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 Article 55 (Unpaid Benefits)  
(1) In cases where an entitled person is deceased, if there remain pension benefits payable to him or her, the unpaid benefits shall be paid at the request of the spouse, children, parents, grandchildren, grandparents or siblings: Provided, That the scope of siblings shall be limited to those whose livelihood is supported by the person entitled to the pension benefits at the time of his or her death and the criteria to determine it shall be prescribed by Presidential Decree.
(2) The priority order of the persons to receive the benefits under paragraph (1) shall be in the order of the deceased’s spouse, children, parents, grandchildren, grandparents and siblings. In such cases, when two or more persons are in the same priority order, the pension benefits shall be divided and paid equally among them and the method of payment shall be determined by Presidential Decree.
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 Article 56 (Adjustment of Overlapped Payment of Benefits)  
(1) In cases where a person is entitled to two or more pension benefits under this Act, he or she shall be paid only one pension benefits at his or her choice and the payment of other benefits shall be suspended.
(2) Notwithstanding paragraph (1), in cases where non-selected pension benefits under paragraph (1) fall under any of the following subparagraphs, the amount as provided in the relevant subparagraph shall be added to the chosen pension benefits;
1. Where the non-selected pension benefits are the survivors’ pension benefits (excluding cases where the chosen pension benefits are a lump sum refund): An amount equivalent to 20/100 of the survivors’ pension; and
2. Where the non-selected pension benefits are a lump sum refund (excluding cases where the chosen pension benefits are the disability pension and the non-selected pension benefits include a lump sum refund resulting from the payment of contributions by the person in question): An amount equivalent to the amount as prescribed in Article 80 (2).
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 Article 57 (Restitution of Unlawful Profits, etc.)  
(1) The NPS shall, under the conditions as prescribed by Presidential Decree, restitute unlawful benefits from those who have received benefits on false grounds or unlawful means, or from those who have received benefits suspended, expired, or paid in error. In such cases, the NPS shall restitute benefits paid on false grounds or in other unlawful means, adding to them interest as determined by Presidential Decree.
(2) In cases where a person who is presumed to be deceased pursuant to Article 15 is confirmed to be alive, the NPS shall restitute the benefits paid on the presumption of his or her death from the recipient of such benefits.
(3) In cases where a person who is to return an amount equivalent to paid benefits to the NPS under paragraphs (1) and (2) is entitled to other
benefits or has money to be returned to the NPS due to erroneous payment, the NPS may appropriate such amounts for the amount to be restituted under paragraphs (1) and (2).
(4) If the amount to be restituted under paragraphs (1) through (3) is less than the amount determined by Presidential Decree, the NPS may not collect it.
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 Article 58 (Protection of Right to Receive Benefits)  
(1) The entitlement to receive benefits shall not be transferred, seized or offered as security.
(2) Benefits paid to the relevant entitled person in an amount less than that determined by Presidential Decree shall not be seized.
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 Article 59 (Payment after Deduction of Unpaid Amounts)  
(1) In cases where a currently or formerly insured person who has a debt relating to a loan lent pursuant to Article 46 acquires the right to receive benefits or is deceased, such debt may be deducted from the benefits to be paid under this Act (including a lump sum payment for death and excluding benefits of which payment is suspended): Provided, That with respect to persons entitled to pension benefits (excluding the disability pension which is paid as a lump sum compensation pursuant to Article 68 (2)) from among the benefits paid under this Act, the amount of deduction shall not exceed 1/2 of the relevant monthly pension amount.
(2) In order to deduct a debt relating to loans as referred to in paragraph (1), the NPS shall make a peremptory notice to urge the reimbursement of the debt in writing, providing a period of 20 or more days, and if the debt fails to be repaid by the deadline, it shall also notify in advance the person entitled to the benefits that the debt would be deducted from the relevant benefits unless it is paid within the deadline.
(3) The amount deducted under paragraph (1) shall be regarded as having been paid to the person entitled to the benefits in such amount.
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 Article 60 (Exemption from Taxes and Other Public Charges)  
With respect to an amount paid as benefits under this Act, taxes and other public charges of the State or local governments shall be reduced or exempted under the conditions as prescribed in the Restriction of Special Taxation Act, other Acts and subordinate statutes or municipal ordinances of local governments.
Section 2 Old Age Pension
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 Article 61 (Person Entitled to Old Age Pension)  
(1) With respect to a currently or formerly insured person with the period of insurance coverage of 20 years or more, the old-age pension shall be paid throughout his or her lifetime, starting from the time when he or she reaches 60 years of age (55 years of age for employees in special occupations).
(2) With respect to a currently or formerly insured person with the period of insurance coverage ranging from 10 to less than 20 years, an amount after deduction of a certain amount from the amount of old age pension as referred to in paragraph (1) shall be paid throughout his or her lifetime, starting from the time when he or she reaches 60 years of age (55 years of age for employees in special occupations).
(3) In cases where a person with the period of insurance coverage of not less than 10 years is engaged in income-earning activities, he or she shall be paid a certain amount of pension (hereinafter referred to as the "incumbents’ old-age pension") during the period when he or she is between 60 and less than 65 years of age.
(4) Notwithstanding paragraph (1), in cases where a currently or formerly insured person with the period of insurance coverage of not less than 10 years is 55 years of age or older and not engaged in income-earning activities, he or she may, if he or she wishes, be paid a certain amount of pension (hereinafter referred to as the "early old-age pension") throughout his or her lifetime even though he or she has not reached 60 years of age.
(5) The scope of income-earning activities as referred to in paragraphs (3) and (4) shall be determined by Presidential Decree.
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 Article 62 (Additional Amount Resulting from Postponed Payment of Pension Benefits)  
(1) In cases where a person entitled to the incumbents’ old-age pension wishes to postpone the payment of pension benefits, it may be postponed on no more than one occasion.
(2) In cases where the entitled person who applied for the postponement of payment of pension benefits under paragraph (1) requests the payment of the pension benefits, the amount of pension benefits to be paid shall be an amount obtained by adjusting the amount of the old age pension (excluding additional pension amounts) under Articles 61 (1), (2) and (4) and 66 (2) payable at the time when the application for the postponement of payment of pension benefits was made, according to the provision of Article 51 (2) and then adding to the adjusted amount an amount equivalent to 5/1000 of the adjusted amount for each postponed month.
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 Article 63 (Amount of Old Age Pensions)  
(1) The amount of the old age pension under Article 61 (1) shall be a basic pension amount plus an additional pension amount.
(2) The amount of the reduced old age pension shall be an amount equivalent to 500/1000 of a basic pension amount, plus an additional pension amount: Provided, That in cases where the period of insurance coverage is in excess of 10 years, an amount equivalent to 50/1000 of the basic pension amount shall be added for each excess year (in cases where the excess year is less than one year, one month shall be calculated as 1/12 of a year).
(3) The amount of the incumbents’ old age pension shall be an amount obtained by multiplying an amount after deduction of an additional pension amount from the amount of the old-age pension under paragraphs (1), (2) and (4), and Articles 62 (2) and 66 (2) paid according to the period of insurance coverage, etc. by the rate corresponding to the age of an entitled person in the following subparagraphs:
1. 500/1000 for 60 years of age (55 years of age for employees in special occupations);
2. 600/1000 for 61 years of age (56 years of age for employees in special occupations);
3. 700/1000 for 62 years of age (57 years of age for employees in special occupations);
4. 800/1000 for 63 years of age (58 years of age for employees in special occupations); and
5. 900/1000 for 64 years of age (59 years of age for employees in special occupations).
(4) The amount of the early old-age pension shall be an amount obtained by adding an additional pension amount to an amount obtained by multiplying an amount obtained by deducting from the amount of the old age pension under paragraphs (1) and (2) paid according to the period of insurance coverage an additional pension amount by the rate corresponding to the age of an entitled person in the following subparagraphs (in cases where the date of request is after the month following the month to which the date on which the entitled person reaches the relevant age belongs, 5/1000 shall be added for each month after the month following the month to which the date on which the entitled person reaches the relevant age belongs):
1. 700/1000 for the payment made from 55 years of age;
2. 760/1000 for the payment made from 56 years of age;
3. 820/1000 for the payment made from 57 years of age;
4. 880/1000 for the payment made from 58 years of age; and
5. 940/1000 for the payment made from 59 years of age.
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 Article 64 (Person Entitled to Divided Pension, etc.)  
(1) In cases where a person whose period of marriage (referring only to the period of marriage falling under the period of the spouse’s insurance coverage; hereinafter the same shall apply) is five years or more falls under any of the following subparagraphs, he or she may be paid a certain amount of the spouse’s old-age pension throughout his or her lifetime, starting from such time (hereinafter referred to as the "divided pension"):
1. When the person reaches 60 years of age after he or she divorces the spouse who is entitled to the old-age pension;
2. When the person divorces the spouse who is entitled to the old-age pension after he or she reaches 60 years of age;
3. When the person’s former spouse becomes entitled to the old-age pension after the person reaches 60 years of age; and
4. When the person reaches 60 years of age after his or her former spouse becomes entitled to the old-age pension.
(2) The amount of the divided pension under paragraph (1) shall be an amount obtained by equally dividing the pension amount falling within the period of marriage among the former spouse’s old-age pension amount (excluding an additional pension amount).
(3) The right to claim the divided pension shall expire after three years from the time when any of the events in paragraph (1) takes place.
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 Article 65 (Relationship between Divided Pension and Old-Age Pension, etc.)  
(1) A person’s right to receive the divided pension under Article 64 (1) shall not be affected even if his or her former spouse’s right to the old-age pension is suspended or expires due to any cause attributable to his or her former spouse after the person is entitled to the divided pension.
(2) Notwithstanding Article 56, in cases where a person becomes entitled to two or more divided pensions, he or she shall be paid the total amount of the two or more divided pensions: Provided, That in cases where a person is entitled to two or more divided pensions and other benefits (excluding the old-age pension; hereafter the same shall apply in this paragraph), the two or more divided pensions shall be regarded as one divided pension and he or she shall be paid one of the divided pension and other benefits at his or her option and the payment of the non-selected pension or other benefits shall be suspended.
(3) A person entitled to the divided pension shall not be regarded as a person entitled to the old age pension at the time of payment of the survivors’ pension under Article 72 (1).
(4) In cases where a person entitled to the divided pension becomes entitled to the old-age pension, he or she shall be paid the sum of the divided pension amount and the old-age pension amount, notwithstanding Article 56.
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 Article 66 (Suspension of Payment of Early Old-Age Pension)  
(1) In cases where a pensioner of the early old-age pension under Articles 61 (4) and 63 (4) who is less than 60 years of age is engaged in income-earning activities as referred to in Article 61 (5), the payment of the early old-age pension falling under such period shall be suspended.
(2) In cases where a person to whom the payment of the early old-age pension is suspended under paragraph (1) resumes receiving the early old-age pension before reaching 60 years of age because he or she is not engaged in income-earning activities, or has reached 60 years of age, the amount of the early old-age pension to be paid shall be as specified in the following subparagraphs:
1. An amount obtained by adding an additional pension amount to an amount obtained by multiplying the amount of the old-age pension (excluding an additional pension amount) under Article 63 (1) and (2), which is calculated by aggregating the periods of insurance coverage before and after the suspension of payment by the rate obtained by deducting an amount equivalent to 5/1000 of the rate for each month of payment from the rate corresponding to the age of the person as mentioned in the subparagraphs of Article 63 (4); and
2. In cases where the amount of the early old-age pension (excluding an additional pension amount; hereafter the same shall apply in this subparagraph) under subparagraph 1 is smaller than the amount of the early old-age pension before suspension pursuant to paragraph (1), the amount of the early old-age pension before suspension.
Section 3 Disability Pension
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 Article 67 (Persons Entitled to Disability Pension)  
(1) With respect to a person who suffers from a physical or mental disability despite having completely recovered from a disease (referring to the case where the date of the first medical examination on the relevant disease falls within the period of insurance coverage, including cases where an insured person has been unaware of the outbreak of a disease at the time when he or she was insured; hereafter the same shall apply in this Section and Section 4) or injury that broke out during the period of insurance coverage, the disability pension shall be paid according to the degree of disability for as long as the disability persists.
(2) In cases where a person who sustains a disease or injury as referred to paragraph (1) fails to completely recover even after one and a half years have passed since the date of the first medical examination, the degree of disability shall be determined based on the date on which one and a half years have passed: Provided, That in cases where a person who failed to be entitled to the payment of the disability pension on the date when one and a half year have passed becomes subject to the payment of the disability pension before reaching 60 years of age because of the worsening of the disease or injury, the degree of disability shall be determined at the request of the person in question, based on the date of such request.
(3) In cases where a person whose right to receive the disability pension has expired pursuant to Article 70 (1) resumes entitlement to the payment of the disability pension before reaching 60 years of age because of the worsening of a disease or injury which he or she suffered at the time when he or she became entitled to the disability pension, the degree of disability shall be determined at the request of the person in question base on the date of such request.
(4) In cases where a person who is entitled to the disability pension has been paid a lump sum refund pursuant to Article 77, he or she shall not be paid the disability pension.
(5) Grades of disability shall be classified into disabilities of grades 1, 2, 3, and 4, and matters concerning the criteria for classification of disability grades and examination of the extent of disability shall be determined by Presidential Decree.
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 Article 68 (Amount of Disability Pension)  
(1) The amount of the disability pension according to the degree of disability shall be as set forth in the following subparagraphs:
1. A basic pension amount, plus an additional pension amount for a person falling under a disability of grade 1;
2. An amount equivalent to 800/1000 of basic pension amount, plus an additional pension amount for a person falling under a disability of grade 2; and
3. An amount equivalent to 600/1000 of basic pension amount, plus an additional pension amount for a person falling under a disability of grade 3.
(2) With respect to a person falling under a disability of grade 4, an amount equivalent to 2250/1000 of basic pension amount shall be paid as lump sum compensation.
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 Article 69 (Adjustment of Overlapped Payment of Disability Pensions)  
In cases where a person entitled to the disability pension suffers another disability for which the disability pension is to be paid again, the disability pension shall be paid according to the degree of disability as determined by incorporating the extent of both former and latter disabilities: Provided, That the amount of the disability pension according to the degree of disability as determined by incorporating the degrees of the former and latter disabilities is smaller than the previous amount of the disability pension, the previous amount of the disability pension shall be paid.
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 Article 70 (Change of Disability Pension Amount, etc.)  
(1) The NPS shall, if the grade of disability of an entitled person is found to differ as a result of examination on the extent of disability, change the amount of the disability pension according to the corresponding disability grade, and if the entitled person does not fall within any disability grade, shall have his or her right to receive the disability pension nullified.
(2) In cases where the disability of a person entitled to the disability pension is aggravated, he or she may request the change of the amount of disability pension to the NPS.
(3) The provisions of paragraphs (1) and (2) shall not apply to a person entitled to the disability pension who is 60 years of age or older.
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 Article 71 (Evaluation of Lump-Sum Compensation)  
When applying to a person entitled to a lump sum compensation under Article 68 (2) the adjustment of overlapped payment of benefits under Article 56, adjustment of overlapped payment of disability pensions under Article 69, change of disability pension amount under Article 70 and extinctive prescription under Article 115 (1), it shall be deemed that an amount obtained by dividing an amount equivalent to 400/1000 of the basic pension amount by 12 has been paid for 67 months from the month following the month in which the ground for payment of the lump sum compensation occurred.
Section 4 Survivors¡? Pension
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 Article 72 (Persons Entitled to Survivors’ Pension)  
(1) When a person who falls under any of the following subparagraphs is deceased, the survivors’ pension shall be paid to his or her bereaving family: Provided, That when an insured person whose period of insurance coverage is less than one year dies of a disease or injury, the survivors’ pension shall be paid only when such death is caused by a disease or injury which occurred during the period of insurance coverage:
1. Person entitled to the old-age pension;
2. Formerly insured person with the period of insurance coverage of ten years or more;
3. Currently insured person; and
4. Person entitled to the disability pension who has a disability of grade 2 or 1.
(2) In cases where a formerly insured person whose period of insurance coverage is less than ten years dies of a disease or injury which occurred during the period of his or her insurance coverage or of a disease caused by the said injury within two years from the date of the first medical examination performed during the period of his or her insurance coverage or within one year after losing the insured status, the survivors may be paid the survivors’ pension: Provided, That in cases where the person in question or survivors have been paid a lump sum refund pursuant to Article 77, the survivors’ pension shall not be paid.
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 Article 73 (Scope of Survivors, etc.)  
(1) Survivors entitled to the survivors’ pension shall be the persons in the following subparagraphs whose livelihood is supported by the deceased currently or formerly insured person at the time of death. In such cases, the criteria of recognition of the persons whose livelihood is supported by the deceased currently or formerly insured person shall be determined by Presidential Decree:
1. Spouse;
2. Children: Provided, That it is limited to those who are 18 years of age or younger, or fall under a disability of grade 2 or 1;
3. Parents (including the parents of the spouse; hereafter the same shall apply in this Section): Provided, That it is limited to those who are 60 years of age or older, or fall under a disability of grade 2 or 1;
4. Grandchildren: Provided, That it is limited to those who are 18 years of age or younger, or fall under a disability of grade 2 or 1; and
5. Grandparents (including the grandparents of the spouse; hereafter the same shall apply in this Section): Provided, That it is limited to those who are 60 years of age or older, or fall under a disability of grade 2 or 1.
(2) The survivors’ pension shall be paid only to the person having the highest priority order in the order of the subparagraphs of paragraph (1): Provided, That in cases where the right of the survivor in paragraph (1) 1 to receive the survivors’ pension expires or is suspended, the survivors’ pension shall be paid to the survivor in subparagraph 2 of the same paragraph.
(3) In cases of paragraph (2), when there are two or more survivors having the same priority order, the survivors’ pension shall be divided and paid equally among them and the method of payment thereof shall be determined by Presidential Decree.
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 Article 74 (Amount of Survivors’ Pension)  
The amount of the survivors’ pension shall be any of the amounts in the following subparagraphs, which are classified by the period of insurance coverage plus an additional pension amount: Provided, That the amount of the survivors’ pension payable when a person entitled to the old-age pension is deceased shall not exceed the amount of the old-age pension paid to the deceased:
1. An amount equivalent to 400/1000 of the basic pension amount for the period of insurance coverage less than 10 years;
2. An amount equivalent to 500/1000 of the basic pension amount for the period of insurance coverage ranging from 10 to less than 20 years; and
3. An amount equivalent to 600/1000 of the basic pension amount for the period of insurance coverage of 20 years or more.
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 Article 75 (Expiration of Right to Receive Survivors’ Pension)  
(1) In cases where a person entitled to the survivors’ pension falls under any of the following subparagraphs, such right shall expire:
1. When such person is deceased;
2. When the spouse of the deceased remarries;
3. When the child or grandchild of the deceased is adopted or whose adoptive relations are terminated;
4. When the child or grandchild of the deceased who is not of a disability of grade 2 or 1 reaches 18 years of age; and
5. When the person who acquired the right to receive the pension because of the disability he or she sustains does not fall under a disability of grade 2 or 1.
(2) The parents, grandchildren or grandparents’ right to receive the survivors’ pension shall expire when a child who was a fetus at the time of death of the currently or formerly insured person is born and acquires the right to receive the pension.
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 Article 76 (Suspension of Payment of Survivors’ Pension to Spouse)  
(1) With respect to a spouse who is a person entitled to the survivors’ pension, the survivors’ pension shall be paid for three years from the time of attaining the right to receive the pension and then suspended until the spouse reaches 55 years of age: Provided, That in cases where such entitled person falls under any of the following subparagraphs, the payment of the pension shall not be suspended:
1. Where the person has a disability of grade 2 or 1;
2. Where the person supports the livelihood of a child under 18 years of age or who has a disability of grade 2 or 1 of the deceased currently or formerly insured person; and
3. Where the person is not engaged in income-earning activities as determined by Presidential Decree.
(2) In cases where the address of a spouse who is a person entitled to the survivors’ pension is unknown for at least one year, the amount of the survivors’ pension payable to him or her for the period during which his or her whereabouts is unknown shall be suspended at the request of a child who is a survivor.
(3) In cases where there are two or more persons entitled to the survivors’ pension other than the spouse, among which there is a person whose whereabouts is unknown for not less than one year, the payment of the survivors’ pension payable to him or her for the period in which his or her whereabouts is unknown shall be suspended at the request of the other persons entitled to the survivors’ pension.
(4) In cases where the whereabouts of a person to whom the payment of the survivors’ pension is suspended pursuant to paragraphs (2) and (3) is confirmed, the suspension of the payment shall be removed at the request of the person in question.
Section 5 Lump Sum Refunds, etc.
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 Article 77 (Lump Sum Refunds)  
(1) In cases where a currently or formerly insured person falls under any of the following subparagraphs, a lump sum refund may be paid at the request of the person himself or herself or his or her survivors:
1. Where the person whose period of insurance coverage is less than 10 years reaches 60 years of age;
2. Where the person who is a currently or formerly insured person dies: Provided, That in cases where a currently insured person, or a formerly insured person with the period of insurance coverage of 10 years or more dies, it shall apply only to the case where the survivors’ pension is not paid pursuant to the proviso to Article 72 (1) with the exception of its subparagraphs, or Article 85; and
3. Where the person loses his or her nationality or emigrates to a foreign country.
(2) The amount of a lump sum refund under paragraph (1) shall be the amount of contributions made by the currently or formerly insured person (including the employer’s contributions in the case of a currently or formerly workplace-based insured person) plus interest as determined by Presidential Decree.
(3) In cases where the payment of a lump sum refund is claimed pursuant to paragraph (1), the provision of Article 73 shall apply mutatis mutandis to the scope of survivors, the order of priority to make a claim, etc.
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 Article 78 (Return of Money to be Returned and Period of Insurance Coverage)  
(1) A person who re-attains the status of an insured person after he or she is paid a lump sum refund pursuant to Article 77 may return the paid lump sum refund to the NPS, adding to it interest as determined by Presidential Decree (hereinafter referred to as "money to be returned").
(2) The money to be returned may be returned in installments under the conditions as prescribed by Presidential Decree. In such cases, interest as determined by Presidential Decree shall apply thereto.
(3) In cases where money to be returned is returned pursuant to paragraphs (1) and (2), the period corresponding to it shall be included in the period of insurance coverage.
(4) Matters necessary for the return of money to be returned, such as application for the return of money to be returned, method and deadline of return, etc. shall be determined by Presidential Decree.
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 Article 79 (Expiration of Right to Receive Lump-Sum Refund)  
The right to receive a lump-sum refund shall expire in cases where any of the following subparagraphs takes place:
1. Where an entitled person becomes an insured person again;
2. Where an entitled person acquires the right to receive the old age pension;
3. Where an entitled person acquires the right to receive the disability pension; and
4. Where the survivors of an entitled person acquires the right to receive the survivors’ pension.
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 Article 80 (Lump Sum for Death)  
(1) In cases where a currently or formerly insured person dies without any survivors as referred to in Article 73, a lump sum for death shall be paid to the deceased’s spouse, children, parents, grandchildren, grandparents or siblings: Provided, That with respect to a person whose whereabouts is unknown due to being missing, etc. at the time of death of the deceased currently or formerly insured person, a lump sum for death shall not be paid, and in cases where the deceased has no surviving spouse, children, parents, grandchildren, grandparents and siblings, a lump sum for death shall be paid to a person who is a collateral blood relative in the fourth degree of relationship, whose livelihood was supported by the deceased currently or formerly insured person. In such cases, the criteria and method to determine a person whose whereabouts is unknown and criteria to determine a person whose livelihood was supported by the deceased currently or formerly insured person shall be determined by Presidential Decree.
(2) The lump sum for death under paragraph (1) shall be an amount equivalent to a lump sum refund payable to the relevant currently or formerly insured person, and the amount of a lump sum for death shall not exceed four times the largest amount among the amount obtained by converting the last standard monthly income of a currently or formerly insured person into the value of the year preceding the year of payment of a lump sum for death according to the annual revaluation rate as referred to in Article 51 (1) 2 and the amount obtained by averaging the standard monthly incomes for the period of insurance coverage, which are calculated mutatis mutandis according to the same subparagraph.
(3) The priority order of the persons to receive a lump sum for death under paragraph (1) shall be in the order of the deceased’s spouse, children, parents, grandchildren, grandparents, siblings and collateral blood relatives in the fourth degree of relationship. In such cases, when there are two or more persons in the same priority order, it shall be divided and paid equally among them, and the method of such payment shall be determined by Presidential Decree.
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 Article 81 (Relation between Survivors’ Pension and Lump Sum for Death)  
With respect to a person entitled to the survivors’ pension under Article 73 (1) 2 and 4, when the amount of the survivors’ pension paid until the right to receive the survivors’ pension expires under Article 75 (1) 4 is smaller than the lump sum for death under Article 80 (2), the difference shall be paid in lump sum.
Section 6 Restrictions on Payment of Benefits, etc.
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 Article 82 (Restrictions on Payment of Benefits)  
(1) In the event that a currently or formerly insured person brings about a disease or injury, or accident which is caused thereby on purpose, and suffers from a disability resulting from such disease, injury or accident, the disability pension to be paid on the ground of such disability may not be paid.
(2) In cases where a currently or formerly insured person falls under any of the following subparagraphs because he or she fails to comply with medical instructions for treatment on purpose or by gross negligence, or fails to comply with medical instructions for treatment without any justifiable reason, the benefits to be paid on the ground of such cause may not be paid in whole or in part under the conditions prescribed by Presidential Decree:
1. Where the person is disabled or dies;
2. Where the person brings about an accident which is the cause of a disability or death; and
3. Where the person aggravates a disability or impairs recovery.
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 Article 83 (Restriction on Change of Amount of Disability Pension)  
In cases where a person entitled to the disability pension aggravates a disability or impairs recovery by failing to comply with medical instructions for treatment on purpose or by gross negligence, or by failing to comply with medical instructions for treatment without any justifiable reason, the amount of the disability pension may not be changed pursuant to Article 70.
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 Article 84 (Restriction on Payment of Survivors’ Pension)  
(1) The survivors’ pension shall not be paid to a survivor who purposedly and intentionally caused the death of a currently or formerly insured person.
(2) The survivors’ pension shall not be paid to a survivor who has purposefully and intentionally caused the death of a person to be entitled to the survivors’ pension.
(3) The survivors’ pension shall not be paid to a person entitled to the survivors’ pension who has purposefully and intentionally caused the death of other persons entitled to the survivors’ pension.
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 Article 85 (Restriction on Payment of Benefits due to Unpaid Contributions)  
Pension benefits shall not be paid if any of the following subparagraphs takes place on the date of the first medical examination of the relevant disease or injury for the disability pension and at the time of death for the survivors’ pension:
1. When no contribution is paid; and
2. When the period in which contributions are paid (including the period in which employee’s contributions are paid pursuant to Article 17 (3); hereafter the same shall apply in this Article) is shorter than the period of time equivalent to 2/3 of the total of the period in which such contributions are paid and the period in which contributions are not paid (excluding the period of less than one month after the lapse of payment deadline as referred to in Article 89 (1) and the period in which contributions are not paid pursuant to Article 91 (1); hereafter the same shall apply in this Article): Provided, That cases where the period in which contributions are not paid is less than 6 months shall be excluded.
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 Article 86 (Suspension of Payment, etc.)  
(1) In cases where an entitled person falls under any of the following subparagraphs, the payment of benefits may be suspended in whole or in part:
1. Where an entitled person fails to comply with the demand of the NPS for submission of documents and other materials under Article 122 (1) without any justifiable reason;
2. Where a person entitled to the disability pension or survivors’ pension fails to comply with the demand or confirmation of the NPS under Article 120 without any justifiable reason;
3. Where a person entitled to the disability pension impairs recovery by failing to comply with medical instructions for treatment on purpose or by gross negligence or failing to comply with medical instructions for treatment without any justifiable reason; and
4. Where an entitled person fails to report under Article 121 (1) without any justifiable reason.
(2) In cases where it is intended to suspend the payment of benefits under paragraph (1), such payment may be temporarily suspended before the suspension of the payment under the conditions as prescribed by Presidential Decree.
CHAPTER Ⅴ FINANCIAL RESOURCES AND COLLECTION OF CONTRIBUTIONS, ETC.
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 Article 87 (Expenses Paid from National Treasury)  
The State shall pay the expenses of the NPS in whole or in part each year, which are needed for the management and operation of national pension businesses.
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 Article 88 (Collection of Contributions)  
(1) The NPS shall collect contributions each month from insured persons and employers during the periods of their insurance coverage to meet the expenses of national pension businesses.
(2) Of the contribution of a workplace-based insured person, the employee’s contribution shall be borne by the workplace-based insured person and the employer’s contribution by an employer, and the amount of the respective employee’s contribution and employer’s contribution shall be an amount equivalent to 45/1000 of the standard monthly income.
(3) The contribution of a local area-based insured person, voluntarily insured person, and voluntarily and continuously insured person shall be borne by a local area-based insured person, voluntarily insured person, and voluntarily and continuously insured person, respectively, and the amount of the contribution shall be an amount equivalent to 90/1000 of the standard monthly income.
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 Article 89 (Payment Deadline of Contribution, etc.)  
(1) Contributions shall be paid by a person responsible for payment by not later than the 10th day of the month following the month for which the contribution is assessed: Provided, That a person who runs or is engaged in agriculture, forestry, stock farming or fishery as determined by Presidential Decree (hereinafter referred to as "farmers and fishermen") may pay his or her contributions on a quarterly basis by the 10th day of the month following the relevant quarter according to his or her application.
(2) In cases where a contribution is paid one month or more prior to the deadline of its payment, it shall be deemed to have been paid on the date following the payment deadline of the contribution of the previous month.
(3) In cases where a person responsible for payment pays contributions in advance before the month they are due, the period, amount to be reduced, etc. thereof shall be determined by Presidential Decree.
(4) In cases where a person responsible for payment pays a contribution by automatic account transfer, the NPS may reduce the amount of a contribution or provide financial benefits under the conditions as prescribed by Presidential Decree.
(5) Notwithstanding paragraph (1), the NPS may, if it falls under a cause as determined by Ministerial Decree for Health, Welfare and Family Affairs such as delayed issuance of a notice, extend the payment deadline within the scope of one month from the payment deadline under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
(6) A person who intends to extend the payment deadline pursuant to paragraph (5) shall apply for the extension of the payment deadline to the NPS under the conditions as prescribed by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 90 (Payment of Withholding Contributions)  
(1) The employer shall deduct an employee’s contribution to be borne by a workplace-based insured person from a monthly wage payable to him/ her and pay it to the NPS.
(2) When the employer deducts an employee’s contribution from a wage pursuant to paragraph (1), he or she shall prepare a statement of deduction and present it to the relevant workplace-based insured person.
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 Article 91 (Exceptions of Payment of Contributions)  
(1) In cases where a workplace-based insured person or a local area-based insured person is unable to pay contributions by any cause falling under any of the following subparagraphs, a person responsible for payment need not pay contributions for the period of time in which such cause continues to exist under the conditions as prescribed by Presidential Decree: <Amended by Act No. 8728, Dec. 21, 2007>
1. Suspension of business, unemployment or temporary retirement;
2. Military service under Article 3 of the Military Service Act;
3. Attending school under Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act;
4. Confinement in a correction facility under Article 11 of the Administration and Treatment of Correctional Institution Inmates Act;
5. Commitment to a preventive custody facility under the former Social Protection Act or a medical treatment and custody facility under the Medical Treatment and Custody Act;
6. Missing for less than one year. In such cases, the criteria and method to determine a missing person shall be determined by Presidential Decree; and
7. Decrease in income due to disasters, accidents, etc., or failure to engage in income-earning activities as determined by Presidential Decree.
(2) The period in which contributions are not paid under paragraph (1) shall not be included in the period of insurance coverage.
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 Article 92 (Postponement of Payment of Contributions)  
(1) Any person who falls under any of the following subparagraphs may request the postponement of payment of all or part of the contributions corresponding to the period as prescribed in the relevant subparagraph (hereinafter referred to as a "postponed contribution"):
1. An insured person who fails to pay contributions under Article 91 (1): The period in which the relevant contributions are not paid; and
2. A person who has acquired insured status since he or she completed the military service pursuant to Article 3 of the Military Service Act: The period in which the person performed the relevant military obligations (excluding the period included in the period of service under the Public Officials Pension Act, Pension for Private School Teachers and Staffs Act and Special Post Office Act, period included in the period of service under the Veterans’ Pension Act and the period of service in the military before January 1, 1988).
(2) The amount of a postponed contribution shall be an amount obtained by multiplying the amount of the contribution of the month in which an application for the postponement of payment is made by the number of months payment is to be postponed.
(3) Postponed contributions may be paid in installments under the conditions as prescribed by Presidential Decree. In such cases, interest as determined by Presidential Decree shall be added thereto.
(4) In cases where postponed contributions under paragraphs (1) through (3) have been paid, the period corresponding to such contributions shall be included in the period of insurance coverage.
(5) Necessary matters concerning the application for the payment of postponed contributions, method and payment deadline, etc. shall be determined by Presidential Decree.
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 Article 93 (Special Cases of Payment of Unpaid Contributions for Person who Lost Status as Voluntarily and Continuously Insured Person)  
A person who has lost the status as a voluntarily and continuously insured person under Article 13 (3) 2 through 4 may pay contributions of which payment deadline has passed under Article 89 in whole or in part to the NPS under the conditions as prescribed by Ministerial Decree for Health, Welfare and Family Affairs: Provided, That it shall not apply to contributions for which three years have passed since the payment deadline as specified in the notice for the payment of contributions elapsed. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 94 (Advance Collection of Contributions from Workplace-based and Local Area-based Insured Persons)  
In cases where there occurs a cause falling under any of the following subparagraphs to a person responsible for the payment of contributions of workplace-based insured persons, and a local area-based insured person, contributions may be collected even before the payment deadline (in cases where the payment deadline is extended under Article 89 (5), referring to such payment deadline):
1. Where they are subject to a disposition on default for failure to pay a national tax, local tax and other public charges in arrears;
2. Where they are subject to compulsory execution;
3. Where they are declared bankrupt;
4. Where a public auction is commenced; and
5. Where a corporation is dissolved.
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 Article 95 (Urging for Payment of Contributions and Disposition on Default)  
(1) When a workplace-based insured person or local area-based insured person fails to pay contributions or other dues payable under this Act within the payment deadline (in cases where the payment deadline is extended under Article 89 (5), referring to such payment deadline), the NPS shall compel such payment, fixing a payment deadline under the conditions as prescribed by Presidential Decree.
(2) The NPS shall, when it urges a payment under paragraph (1), issue a reminder notice, providing a period of 10 days or more.
(3) In cases where a person who has received a reminder notice under paragraph (1) fails to pay contributions or other dues payable under this Act by the payment deadline, the NPS may collect such contributions or other dues in accordance with the example of a disposition of national taxes in arrears under the approval of the Minister for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(4) In cases where the NPS deems it inappropriate to sell the property seized in accordance with the example of a disposition of national taxes in arrears under paragraph (3) because of the experts lack or other special circumstances, it may have the Korea Asset Management Corporation established under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of the Korea Asset Management Corporation (hereinafter referred to as the "Korea Asset Management Corporation") sell such property on behalf of the NPS under the conditions prescribed by Presidential Decree. In such cases, the sale made by the Korea Asset Management Corporation shall be deemed to have been made by the NPS.
(5) In cases where the Korea Asset Management Corporation makes a sale on behalf of the NPS under paragraph (4), the NPS may pay commission therefor under the conditions as prescribed by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 96 (Forwarding of Documents)  
With respect to the forwarding of documents under Article 95, the provisons of Articles 8 through 12 of the Framework Act on National Taxes shall apply mutatis mutandis.
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 Article 97 (Arrears, etc.)  
(1) In cases where a person responsible for the payment of contributions fails to pay the contributions by the payment deadline (in cases where the payment deadline is extended under Article 89 (5), referring to such payment deadline), the NPS shall collect arrears in an amount equivalent to 30/1000 of delinquent contributions from the date on which the payment deadline elapses.
(2) In cases where a person responsible for the payment of contributions fails to pay the delinquent contributions, the NPS shall collect the arrears under paragraph (1) plus an amount equivalent to 10/1000 of delinquent contributions for the lapse of each month from the date on which the payment deadline elapses. In such cases, the sum of arrears and additional amount shall not exceed an amount equivalent to 90/1000 of delinquent contributions.
(3) Notwithstanding paragraphs (1) and (2), in cases where there exist disasters or other inevitable causes as determined by Presidential Decree, the arrears and additional amount under paragraphs (1) and (2) may not be collected.
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 Article 98 (Priority Order in Collection of Contributions)  
The priority order to collect contributions or other dues payable under this Act shall be the same as that to collect contributions under the National Health Insurance Act.
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 Article 99 (Expiration of Rights to Collect Contributions, etc.)  
The NPS’s right to collect contributions and arrears from local area-based insured persons, voluntarily insured persons, and voluntarily and continuously insured persons shall expire when an event under any of the following subparagraphs takes place:
1. When a currently or formerly insured person is deceased;
2. When the person in question receives benefits of the old-age pension or a lump sum refund under Article 77 (1); and
3. When extinctive prescription is completed pursuant to Article 115 (1).
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 Article 100 (Appropriation and Return of Erroneous Payments)  
In cases where there is any erroneous payment in the course of collecting contributions, arrears and fees for disposition on default, the NPS shall appropriate such erroneous payment for contributions or other dues payable under this Act or return such erroneous payment under the condition as prescribed by Presidential Decree. In such cases, interest as determined by Presidential Decree shall be added to such erroneous payment.
CHAPTER Ⅵ NATIONAL PENSION FUND
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 Article 101 (Establishment and Formation of Fund)  
(1) The Minister for Health, Welfare and Family Affairs shall establish the National Pension Fund (hereafter referred to as the "Fund" in this Chapter) to smoothly secure financial resources needed for national pension businesses and serve as a reserve fund to be appropriated for benefits under this Act. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Fund shall be formed with the financial resources as mentioned in the following subparagraphs:
1. Contributions;
2. Profits accrued from the operation of the Fund;
3. Reserves; and
4. Surplus in the settlement of revenues and expenses of the NPS.
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 Article 102 (Management and Operation of Fund)  
(1) The Fund shall be managed and operated by the Minister for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister for Health, Welfare and Family Affairs shall manage and operate the Fund in the following methods under the conditions as determined by the National Pension Fund Operation Committee established under Article 103 to maximize profits for the long-term stability of national pension finances, and invest in businesses to promote the welfare of currently or formerly insured persons and entitled persons in the scope not to endanger the stability of national pension finances: Provided, That in cases of subparagraph 2, he or she shall purchase national bonds through consultation with the Minister of Strategy and Finance: <Amended by Act No. 8635, Aug. 3, 2007; Act No. 8852, Feb. 29, 2008>
1. Deposit or trust in financial institutions as prescribed by Presidential Decree;
2. Investment in projects promoted by the public sector;
3. Purchase, sale and lending of securities under Article 4 of the Financial Investment Services and Capital Markets Act;
4. Transaction in the derivatives product market for indexed financial products from among indexed products under subparagraph 1 of Article 5 of the Financial Investment Services and Capital Markets Act;
5. Welfare and loan businesses under Article 42 of this Act;
6. Acquisition and disposal of property for the accomplishment of the primary objective of the Fund; and
7. Other projects to increase the Fund, as determined by Presidential Decree.
(3) In cases where the Fund is managed and operated by means of businesses other than those under paragraph (2) 5 and 6, a bona fide effort shall be made to outperform the market rate of return on each asset item: Provided, That in cases where the Fund is deposited in the Public Capital Management Fund under the Public Capital Management Fund Act (hereinafter referred to as the "Management Fund") pursuant to paragraph (2) 2, the earning rate thereof shall be determined at a level higher than the earning rate of national bonds the term of maturity of which is five years by the Public Capital Management Fund Operation Committee under Article 7 (2) of the same Act through consultation with the National Pension Fund Operation Committee established under Article 103 under the conditions as prescribed by Presidential Decree.
(4) The Minister for Health, Welfare and Family Affairs shall balance the accounts of the Fund to make clear the evaluation of the operational performance and financial status of the Fund under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The Minister for Health, Welfare and Family Affairs may entrust the NPS with part of the affairs concerning the management and operation of the Fund under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 103 (National Pension Fund Operation Committee)  
(1) The National Pension Fund Operation Committee (hereinafter referred to as the "Operation Committee") shall be established within the Ministry for Health, Welfare and Family Affairs to deliberate and resolve on matters concerning the operation of the Fund in the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Matters relating to guidelines for the operation of the Fund;
2. Matters relating to consultation on the interest rate of deposits in cases of vesting the Fund in the Management Fund;
3. Matters relating to Fund operation plans;
4. Matters relating to the details of operation and use of the Fund under Article 107 (3); and
5. Other important matters relating to the operation of the Fund, as submitted to a meeting by the chairperson of the Operation Committee.
(2) The Operation Committee shall be comprised of the Minister for Health, Welfare and Family Affairs as chairperson, the Vice Minister of Strategy and Finance, Vice Minister for Food, Agriculture, Forestry and Fisheries, Vice Minister of Knowledge Economy, Vice Minister of Labor and president of the NPS as ex officio members, and members appointed by the chairperson as mentioned in the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Three persons representing employers and recommended by employers’ organizations;
2. Three persons representing employees and recommended by the federation of labor unions;
3. The following persons representing local area-based insured persons:
(a) Two persons recommended by agricultural and fisheries organizations;
(b) Two persons recommended by organizations related to self-employed persons, other than farmers and fishermen’s organizations; and
(c) Two persons recommended by consumer organizations and civic organizations; and
4. Two experts who are knowledgable and experienced in the national pension program.
(3) The term of office of the members shall be two years, and the members may be reappointed for up to two consecutive terms of office: Provided, That the term of office of the chairperson and ex officio members shall be that of their offices.
(4) The chairperson shall call and preside over the meetings of the Operation Committee and prepare, keep and make public the minutes of the meetings including the date, time, place, matters discussed and matters resolved thereon.
(5) The meeting of the Operation Committee shall be held four or more times a year and held with a majority of members in attendance. The resolution of meetings shall be passed by the consent of a majority of attendant members. In such cases, members absent from a meeting shall be deemed not to have exercised their voting rights therein.
(6) The Minister for Health, Welfare Family Affairs shall, in advance, submit materials necessary for the meeting according to the request of the Operation Committee. <Amended by Act No. 8852, Feb. 29, 2008>
(7) Necessary matters concerning the organization, management, etc. of the Operation Committee shall be determined by Presidential Decree.
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 Article 104 (Working and Evaluation Committee for National Pension Fund Operation)  
(1) The Working and Evaluation Committee for the National Pension Fund Operation (hereinafter referred to as the "Working and Evaluation Committee") shall be established in the Operation Committee to deliberate on and evaluate the following matters concerning the operation of the Fund:
1. Matters relating to the composition of the fund operation assets and treatment of the accounts of the Fund;
2. Matters relating to the measurement of the performance of fund operations;
3. Matters to be improved in connection with the management and operation of the Fund;
4. Matters deemed necessary by the chairperson of the Working and Evaluation Committee from among items on the agenda of the Operation Committee; and
5. Other matters on which deliberation is requested by the Operation Committee.
(2) The Working and Evaluation Committee shall be comprised of the Vice Minister for Health, Welfare and Family Affairs as the chairperson, a vice chairperson elected from among the members and persons recommended by the chairperson as mentioned in the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Grade Ⅲ national public officials of the relevant ministries and offices or public officials in general service belonging to the Senior Civil Service who are appointed by the chairperson and each ex officio member (excluding the president of the NPS) under Article 103 (2);
2. Three persons representing employers and recommended by employers’ organizations;
3. Three persons representing employees and recommended by the federation of labor unions;
4. The following persons representing local area-based insured persons:
(a) Two persons recommended by farmers and fishermen’s organizations;
(b) Two persons recommended by organizations related to self-employed persons other than farmers and fishermen’s organization; and
(c) Two persons recommended by consumers organizations and civic organizations; and
5. Two persons who are knowledgeable and experienced in the national pension program and in operation of the national pension fund.
(3) The organizations which recommend members for the committee under paragraph (2) 2 through 4 shall recommend such members from among the persons falling under any of the following subparagraphs:
1. Person qualified as a lawyer or certified public accountant;
2. Person who majored in social welfare, economics, or business administration, etc. and is working in the position of a full-time lecturer or higher for three years or more in a university as determined by the Higher Education Act; and
3. Person who has a doctorate degree in social welfare, economics, business administration, etc. and has worked in research institutes or public institutions for three or more years.
(4) The term of office of the members shall be two years, and the members may be reappointed: Provided, That the term of office of the chairperson and public officials shall be that of their offices.
(5) The related departments in charge of the Fund shall submit in advance materials necessary for the meetings according to the request of the Working and Evaluation Committee.
(6) The Working and Evaluation Committee shall submit evaluation results on the operation of the Fund to the Operation Committee by the end of June of the following year.
(7) Necessary matters concerning the organization, operation, etc. of the Working and Evaluation Committee shall be determined by Presidential Decree.
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 Article 105 (Guidelines for Operation of National Pension Fund)  
(1) The Operation Committee shall prepare guidelines for operation of the national pension fund each year (hereinafter referred to as the "guidelines for fund operations") concerning the following matters to maximize the interest of insured persons:
1. Ratio of fund assets to be used for public projects;
2. Priority order of distribution of funds to public projects;
3. Business expenses for the promotion of welfare of currently insured persons, formerly insured persons and entitled persons; and
4. Loan business for currently and formerly insured persons to increase the Fund.
(2) Necessary matters concerning the guidelines for fund operation shall be determined by Presidential Decree.
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 Article 106 (Receipts and Disbursements of Fund)  
Matters concerning the procedure of receipts and disbursements in the management and operation of the Fund shall be determined by Presidential Decree.
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 Article 107 (Fund Operation Plan, etc.)  
(1) The Minister for Health, Welfare and Family Affairs shall make a fund operation plan each year and obtain the approval of the President, undergoing deliberation by the Operation Committee and the State Council. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Government shall report the fund operation plan under paragraph (1) to the National Assembly by the end of October of the year preceding the relevant year.
(3) The Minister for Health, Welfare and Family Affairs and the Minister of Strategy and Finance shall submit the details of fund operation and the details of use of the Fund deposited in the Management Fund, respectively to the Operation Committee by the end of June of the year following the relevant year. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The chairperson of the Operation Committee shall submit the details of fund operation and details of use under paragraph (3) to the National Assembly, undergoing deliberation by the Operation Committee and make it public under the conditions as prescribed by Presidential Decree.
CHAPTER Ⅶ REQUESTS FOR EXAMINATION AND REQUESTS FOR REVIEW
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 Article 108 (Requests for Examination)  
(1) Any person who is dissatisfied with the NPS’s disposition on the qualification of insured persons, standard monthly income, contributions and other dues, and benefits under this Act may request the NPS to carry out an examination.
(2) The request for examination under paragraph (1) shall be made in writing within 90 days from the date on which the NPS’s disposition is noticed: Provided, That if it is proved that there was a justifiable reason not to make a request for examination within such period of time, a request for examination may be made even after such period of time elapses.
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 Article 109 (National Pension Examination Committee)  
(1) The National Pension Examination Committee shall be established in the NPS to examine matters concerning the request for examination under Article 108 (hereinafter referred to as the "Examination Committee").
(2) Necessary matters concerning the organization, operation, examination, etc. of the Examination Committee shall be determined by Presidential Decree.
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 Article 110 (Requests for Review)  
Any person who is dissatisfied with the decision on the request for examination under Article 108 may request a review to the National Pension Review Committee within 90 days from the date on which he or she receives a notice on such decision.
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 Article 111 (National Pension Review Committee)  
(1) The National Pension Review Committee shall be established in the Ministry for Health, Welfare and Family Affairs to examine matters concerning the request for review under Article 110 (hereinafter referred to as the "Review Committee"). <Amended by Act No. 8852, Feb. 29, 2008>
(2) Necessary matters concerning the organization, operation, review, etc. of the Review Committee shall be determined by Presidential Decree.
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 Article 112 (Relation with Administrative Appeals)  
(1) The provisions of the Administrative Appeals Act shall apply mutatis mutandis to the procedure of review and decision of the Review Committee.
(2) The review by the Review Committee of the matters for which a request for review is made under Article 110 shall be regarded as an administrative appeal under the Administrative Appeals Act in the application of Article 18 of the Administrative Litigation Act.
CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS
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 Article 113 (Adjustment of Overlapped Payment of Benefits)  
In cases where a person entitled to the disability pension or survivors’ pension is eligible to be paid benefits in any of the following subparagraphs on the same ground as that of the payment of the disability pension or survivors’ pension under this Act, the amount of the disability pension under Article 68 or survivors’ pension under Article 74 shall be paid in an amount equivalent to 1/2 thereof:
1. Disability compensation under Article 80 of the Labor Standards Act, survivors’ compensation under Article 82 of the same Act, or a lump sum compensation under Article 84 of the same Act;
2. Disability benefits under Article 40 of the Industrial Accident Compensation Insurance Act or survivors’ benefits under Article 43 under the same Act;
3. Disability compensation under Article 88 of the Seafarers Act, lump sum compensation under Article 89 of the same Act, or survivors’ compensation under Article 90 of the same Act; and
4. Disability compensation under Article 25 of the Seamen and Fishing Boat Accident Compensation Insurance Act, lump sum compensation benefit under Article 26 of the same Act or survivors’ benefits under Article 27 of the same Act.
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 Article 114 (Rights of Subrogation, etc.)  
(1) In cases where the disability pension or survivors’ pension has been paid because one of the grounds for payment of the disability pension or survivors’ pension arose as a result of an act committed by a third person, the NPS shall subrogate the position of the relevant entitled person with respect to his or her claim against the third person within the limit of the paid benefits.
(2) In cases where one of the causes for the payment of the disability pension or survivors’ pension occurs as a result of an act committed by a third person, if the person entitled to the disability pension or survivors’ pension is paid an indemnity by the third person for such cause, the NPS shall not pay the disability pension or survivors’ pension under paragraph (1) within the limit of the amount of the indemnity paid to him or her.
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 Article 115 (Prescription)  
(1) The extinctive prescription of the NPS’s right to collect or restitute contributions, money to be restituted and other dues payable under this Act shall be completed if it is not exercised for three years, and the extinctive prescription of the right of entitled persons, insured persons, etc. to receive benefits or be repaid erroneous payments, for five years.
(2) The period of prescription of the right to receive benefits shall not proceed during the period for which the payment of the whole amount of such benefits is suspended.
(3) A notice for the payment of contributions, other dues, etc. payable under this Act, urging under Article 95 (1), payment of benefits or request for the return of erroneous payments, etc. shall have the effect to suspend the period of extinctive prescription.
(4) The extinctive prescription suspended under paragraph (3) shall commence anew from the time when the payment deadline in a notice or reminder notice elapses.
(5) In the calculation of the period of time for the payment of benefits or a request for the return of erroneous payments under paragraph (1), the number of days spent in forwarding the relevant documents shall not be included.
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 Article 116 (Special Case of Extinctive Prescription for Lump Sum Refund)  
(1) Notwithstanding Article 115, in cases where a person who has become entitled to a lump sum refund under Article 77 (1) 3, former Article 67 (1) 1 (referring to the provision which was amended by the amended National Welfare Pension Act (Act No. 3902) and then repealed by the amended National Pension Act (Act No. 5623)) and former Article 67 (1) 4 (referring to the provisions amended by the amended National Pension Act (Act No. 6027)) falls under Article 77 (1) 1 or 2, he or she may be paid a lump sum refund.
(2) With respect to the right to receive a lump sum refund under paragraph (1), the provisions of Article 115 (1) shall apply mutatis mutandis.
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 Article 117 (Treatment of Fractions)  
In cases where there is a fractional amount less than ten won when calculating benefits, contributions, refunds, etc. under this Act, it shall be calculated by applying the provisions of the Management of the National Funds Act mutatis mutandis.
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 Article 118 (Original National Pension Register)  
The NPS shall have an orignal national pension register to enter and keep records on the personal information, acquisition and loss of insured status, payment of contributions, status of the payment of benefits of currently insured persons, formerly insured persons and entitled persons, and other matters as determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 119 (Protection of Employee’s Rights and Interests)  
Employers shall not withhold promotions or wage increase from employees, or lay off or treat employees disadvantageously without any justifiable reason for the purposes of hindering them from becoming insured persons or to avoid increase of employer’s contributions.
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 Article 120 (Medical Examination)  
The NPS may, if deemed necessary, request a person entitled to the disability pension or a person who is considered in the calculation of an additional pension amount to get a medical examination by a doctor as designated by the NPS, or have its staff confirm the condition of such disability.
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 Article 121 (Report, etc.)  
(1) A currently insured person, formerly insured person or entitled person shall report to the NPS or his or her employer matters concerning the creation, change, etc. of his or her insured status, contributions and right to receive benefits, as determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) In cases where a currently insured person, formerly insured person or entitled person is deceased, a person responsible for filing a report under Article 85 of the Act on the Registration, etc. of Family Relationship shall report the NPS on such fact within one month.
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 Article 122 (Investigations, Questions, etc.)  
(1) The NPS may, if deemed necessary for determining an insured person’s insured status, standard monthly income, contributions or benefits, or for confirming the creation, change, expiration, suspension, etc. of the right to receive benefits or benefits, require employers, currently insured persons, formerly insured persons or entitled persons to submit necessary documents or other materials on their income, property, etc., or have its staff enter the place of business or other necessary places to investigate documents, etc. or ask relevant persons necessary questions.
(2) When the staff of the NPS visit, investigate or ask questions under paragraph (1), they shall carry along a certificate to indicate their authority and present it to relevant persons.
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 Article 123 (Requests for Materials)  
(1) The NPS may request the State, local governments, and other public institutions to provide it with necessary materials in connection with the national pension program, and the State, local governments and other public institutions which receive such request shall provide requested materials unless there exists any special reason to the contrary.
(2) With respect to the materials provided to the NPS under paragraph (1), fees, commissions, etc. shall be exempted.
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 Article 124 (Prevention of Divulgence of Secrets)  
No person who serves or has served in the NPS shall divulge any secret which he or she learned in the course of carrying out his or her duties.
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 Article 125 (Notice of Reduction and Omission of Income, etc. in Writing)  
(1) The NPS may, when it deems that there is reduction or omission in the matters reported under Article 21, such as monthly income, report it to the Minister for Health, Welfare and Family Affairs and notify the Commissioner of the National Tax Service of data suspicious of reduction or omission of income in a written statement. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Commissioner of the National Tax Service who has received the statement under paragraph (1) shall, if he or she has performed a tax investigation pursuant to relevant Acts and subordinate statutes, such as the Framework Act on National Taxes, notify the NPS of matters concerning income from among the results of such investigation.
(3) The procedures of notification under paragraphs (1) and (2) and other necessary matters shall be determined by Presidential Decree.
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 Article 126 (Application to Foreigners)  
(1) Notwithstanding Article 6, foreigners who are employed in workplace governed by this Act and foreigners who reside in the Republic of Korea other than those as determined by Presidential Decree shall be deemed workplace-based insured persons or local area-based insured persons: Provided, That this shall not apply to cases where any relevant Act of such foreigner’s home country does not apply to the citizens of the Republic of Korea with respect to a pension corresponding to the national pension program under this Act.
(2) The provisions of Articles 77 through 79 shall not apply to a foreigner who has become a workplace-based insured person or local area-based insured person under the main sentence of paragraph (1): Provided, That this shall not apply to a foreigner who falls under any of the following subparagraphs:
1. The home country of a foreigner has an Act which provides for the payment of benefits corresponding to a lump sum refund under Articles 77 through 79 to the citizens of the Republic of Korea;
2. Foreign employee under the Act on the Employment of Foreign Employees, etc. who is employed in a workplace governed by this Act; and
3. Person who is employed in a workplace governed by this Act as a person who meets the requirements for the status of sojourn under which he or she is able to be engaged in industrial training activities under Article 10 of the Immigration Control Act and has not left a designated place of training for a required period of time for training.
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 Article 127 (Social Security Agreements with Foreign Countries)  
In cases where the Republic of Korea establishes a social security agreement with a foreign country, such social security agreement shall apply to the coverage of the national pension program, payment of contributions, conditions for the payment of benefits, calculation of the amount of benefits, payment of benefits, etc., notwithstanding this Act.
CHAPTER Ⅸ PENAL PROVISIONS
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 Article 128 (Penal Provisions)  
(1) A person who receives benefits on a false ground or by other unlawful means shall be punished by imprisonment for not more than three years, or a fine not exceeding ten million won.
(2) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year, or a fine not exceeding five million won:
1. Employer who has a workplace-based insured person bear the whole or part of employer’s contributions under Article 88 (2) or deducts an amount exceeding the amount of an employee’s contribution from the wage of a workplace-based insured person when deducting employee’s contributions from wages under Article 90 (1);
2. Employer who fails to pay contributions by the payment deadline under Article 95 (2) without any justifiable reason;
3. Employer who hinders employees from becoming an insured person, or withholds promotions or wage increase without any justifiable reason for the purposes of evading the increase of employer’s contributions, or lays off or treats employees disadvantageously in violation of Article 119; and
4. Person who divulges secrets obtained in the course of carrying out his/ her duties in violation of Article 124.
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 Article 129 (Penal Provisions)  
A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five hundred thousand won:
1. Employer who fails to make a report in violation of Article 21 (1) or makes a false report; and
2. Employer who refuses, evades or interferes with a demand to present documents or other materials, investigation or questioning by the NPS or its staff, or gives a false answer.
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 Article 130 (Joint Penal Provisions)  
(1) In cases where a representative, agent, employee or other worker of a corporation commits an offense in violation of Article 128 or 129 with respect to the affairs of the corporation, the corporation as well as the offender shall be punished by a fine as prescribed in the relevant provisions.
(2) In cases where an agent, employee or other worker of an individual commits an offense in violation of Article 128 or 129 with respect to the affairs of the individual, the individual as well as the offender shall be punished by a fine as prescribed in the relevant provisions.
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 Article 131 (Fines for Negligence)  
A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one hundred thousand won:
1. Person who fails to make a report under Articles 21 (2) and 121 (1) or (2);
2. Person who fails to give notice under Article 23 (2); and
3. Currently or formerly insured person or entitled person who refuses, evades or interferes with a demand to submit documents or materials on income, property, etc., investigation and questioning by the NPS or its staff under Article 122, or gives a false answer.
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 Article 132 (Procedure for Imposition and Collection of Fines for Negligence)  
(1) Fines for negligence under Article 131 shall be imposed and collected by the Minister for Health, Welfare and Family Affairs under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) A person who has an objection to the disposition of a fine for negligence under paragraph (1) may file an objection with the Minister for Health, Welfare and Family Affairs within 30 days from the date on which he or she first receives a notice on such disposition. <Amended by Act No. 8852, Feb. 29, 2008>
(3) In cases where a person who is subject to the disposition of a fine for negligence under paragraph (1) raise an objection under paragraph (2),
the Minister for Health, Welfare and Family Affairs shall notify the competent court of such fact without delay, and the competent court shall, upon receipt of such notice, hold a trial on the fine for negligence under the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 8852, Feb. 29, 2008>
(4) In cases where a person fails to raise an objection within the period of time under paragraph (2) and fails to pay a fine for negligence, the fine for negligence shall be collected in accordance with the example of the disposition of national taxes in arrears.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (1) 3 and 5, subparagraph 5 of Article 9, Articles 17 (1), 18, 19, 51 (1), 57 (4), 58 (2), 77 (2), the latter part of Article 80 (1) and Article 91 (1) 6 shall enter into force on January 1, 2008.
Article 2 (Special Cases of Old-Age Pension)
(1) In cases where the period of insurance coverage of a person who is between 45 and less than 60 years of age as of January 1, 1988 (between 40 and less than 55 for employees engaged in special occupations) is five years or more, a certain amount of pension shall be paid, notwithstanding the amended provisions of Article 61.
(2) The amount of pension under paragraph (1) shall be an amount equivalent to 250/1000 of the basic pension amount plus an additional pension amount: Provided, That in cases where the period of insurance coverage exceeds five years, an amount equivalent to 50/1000 of the basic pension amount shall be added for each excess year (each month in a period of less than one year shall be calculated as 1/12 of a year).
Article 3 (Applicability to Contributions)
(1) The contributions to be paid by a workplace-based insured person shall be the following amounts until 1997 despite the provisions of Article 75 (2) of the amended National Welfare Pension Act (Act No. 3902):
1. Each of employee’s contribution and employer’s contribution is an amount equivalent to 15/1000 of the standard monthly income during the period from 1988 to 1992 and an amount equivalent to 20/1000 of the standard monthly income during the period from 1993 to 1997; and
2. The money converted to retirement allowances shall be 0 during the period from 1988 to 1992 and an amount equivalent to 20/1000 of the standard monthly income during the period from 1993 to 1997.
(2) The contribution to be paid by a voluntarily insured person and voluntarily and continuously insured person shall be an amount equivalent to 30/1000 of the standard monthly income during the period from 1988 to 1992 and an amount equivalent to 60/1000 of the standard monthly income during the period from 1993 to 1997, despite the provision of Article 75 (3) of the amended National Welfare Pension Act (Act No. 3902).
Article 4 (Applicability to Person Entitled to Disability Pension)
The provisions of Article 58 (1) and (2) of the amended National Pension Act (Act No. 4110) shall also apply to a person who is disabled due to an injury which occurred during the period from January 1, 1988 to March 31, 1989 which is the date the same Act enters into force.
Article 5 (Special Case for Farmers and Fishermen’s Attainment of Insured Status)
A farmer or fisherman who is between 60 and less than 65 years of age as of July 1, 1995 which is the date when the amended National Pension Act (Act No. 4909) enters into force may become a local area-based insured person under Article 10 of the same Act until he or she reaches 70 years of age when he or she files an application to the NPS under the conditions as prescribed by Ministerial Decree of Health and Welfare by not later than December 31, 1995, notwithstanding Article 6 of the same Act.
Article 6 (Special Case for Old-Age Pension of Local Area-Based Insured Persons)
(1) In cases where the period of insurance coverage of a local area-based insured person who is between 45 and less than 60 years of age as of July 1, 1995 which is the date the amended National Pension Act (Act No. 4909) enters into force under Article 10 of the same Act and a local area-based insured person under Article 3 of the Addenda of the same Act is five years or more, a certain amount of pension shall be paid, despite the amended provisions of Article 61.
(2) The amount of pension under paragraph (1) shall be an amount equivalent to 250/1000 of the basic pension amount plus an additional pension amount: Provided, That in cases where the period of insurance coverage exceeds five years, an amount equivalent to 50/1000 of the basic pension amount shall be added for each excess year (each month in a period of less than one year shall be calculated as 1/12 of a year).
Article 7 (Contribution Subsidy for Farmers and Fishermen)
Farmers and fishermen who has become a local area-based insured person under the provisions of Article 10 of the amended National Pension Act (Act No. 4909) or Article 3 of the Addenda of the same Act or has converted from a local area-based insured person into a voluntarily and continuously insured person shall be provided with a subsidy from the special accounts for the structural improvement of agricultural and fishing villages within the scope of 50/100 of the contribution to be borne by the person in question by December 31, 2014 under the conditions as prescribed by Presidential Decree, despite Article 75 (3) of the same Act.
Article 8 (Applicability to Ages Eligible to be Paid Benefits)
With respect to the ages eligible to be paid benefits as prescribed in the provisions of Articles 48 (1) 3, 56 (1), 56 (2) through (4), each subparagraph of Article 57 (3) and each subparagraph of paragraph (4) of the same Article, each subparagraph of Article 57-2 (1), Articles 57-4 (1), 58 (2), proviso to Article 63 (1) 3 and 5, main sentence of Article 66 (1), proviso to Article 67 (1) 1 and 2, Article 93-2 of the amended National Pension Act (Act No. 5623), notwithstanding the respective provisions pertaining to ages of eligibility to be paid benefits therein, an age to which one year is added shall apply for the period from 2013 to 2017, two years for the period from 2018 to 2022, three years for the period from 2023 to 2027, four years for the period form 2028 to 2032 and five years from 2033.
Article 9 (Special Case for Old-Age Pensions)
(1) A person who is between 50 and less than 60 years of age as of April 1, 1999 and who falls under any of the following subparagraphs shall be paid a certain amount of pension from the date as mentioned in the relevant subparagraph, notwithstanding the amended provisions of Article 61:
1. Person whose period of insurance coverage is not less than five to less than ten years before reaching 60 years of age: On the date on which such person reaches 60 years of age; and
2. Person whose period of insurance coverage reaches five years or more after reaching 60 years of age: On the date on which such person loses his or her entitlement to insurance.
(2) The amount in the special case of the old age pension under paragraph (1) shall be an amount equivalent to 250/1000 of the basic pension amount plus an additional pension amount: Provided, That in cases where the period of insurance coverage exceeds five years, an amount equivalent to 50/1000 of the basic pension amount shall be added for each excess year (each month in a period of less than one year shall be calculated as 1/12 of a year).
(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to the case where a person who became a local area-based insured person under Article 14 of the Addenda of the amended National Pension Act (Act No. 5623) has lost his or her insured status since the period of his or her insurance coverage reached five years.
Article 10 (Special Case of Attainment of Insured Status by the Aged)
In cases where a person who is between 60 and less than 65 years of age as of April 1, 1999 files an application for the acquisition of insured status to the NPS by March 31, 2000 under the conditions as prescribed by Ministerial Decree of Health and Welfare, he or she may become a local area-based insured person pursuant to the amended provision of Article 9, notwithstanding Articles 6 and 10 of the amended National Pension Act (Act No. 5623).
Article 11 (Special Case of Payment of Lump Sum Refund, etc.)
(1) A person who has received a lump sum refund under Article 16 (1) of the Addenda of the amended National Pension Act (Act No. 5623) may repay the lump sum refund to the NPS, notwithstanding Article 68 (1) of the same Act.
(2) In cases where a person entitled to the retirement pension, etc. before April 1, 1999 lost the status of a workplace-based insured person or a local area-based insured person, he or she may be paid a lump sum refund, notwithstanding Article 67 (1) 1 of the amended National Pension Act (Act No. 5623).
Article 12 (Applicability to Contributions)
(1) The contributions of a local area-based insured person under Article 10 of the amended National Pension Act (Act No. 5623), voluntarily insured person under Article 10-2 of the same Act, a local area-based insured person under Article 10 of the Addenda and voluntarily and continuously insured person who is not engaged in a workplace covered under the national pension program shall, notwithstanding Articles 4 (1) and 75 (3) of the same Act, be an amount equivalent to 30/1000 of the standard monthly income for the period from April 1999 to June 2000, 40/1000 of the standard monthly income for the period from July 2000 to June 2001, 50/1000 of the standard monthly income for the period form July 2001
to June 2002, 60/1000 of the standard monthly income for the period from July 2002 to June 2003, 70/1000 of the standard monthly income for the period from July 2003 to June 2004 and 80/1000 of the standard monthly income for the period from July 2004 to June 2005.
(2) The employee’s contributions, employer’s contributions under Article 75 (2) of the amended National Pension Act (Act No. 5623) and contributions under paragraph (3) of the same Article shall not be adjusted until 2009, notwithstanding the amended provision of Article 4 (1).
Article 13 (Special Applicability to Payment of Lump Sum Refund)
A person who falls under Article 67 (1) 3 and 4 of the amended National Pension Act (Act No. 6027) before September 7, 1999 which is the enforcement date of the said Act may be also paid a lump sum refund.
Article 14 (Special Case of Payment of Lump Sum Refund to Local Area-Based Insured Persons and Voluntarily Insured Persons, etc.)
A person who has been paid a lump sum refund under Article 3 (1) of the Addenda of the amended National Pension Act (Act No. 6027) may repay the lump sum refund to the NPS, notwithstanding Article 68 (1) of the same Act.
Article 15 (Special Case of Payment of Lump Sum Refund to Person to Whom Livelihood Stabilization Fund is Lent, etc.)
With respect to the request for and payment of a lump sum refund, repayment of money to be returned, etc. under Article 2 (1) of the Addenda of the amended National Pension Act (Act No. 6164), the provisions of Articles 67 (2) and (3) and 68 shall apply mutatis mutandis, and the period of insurance coverage and contributions for the calculation of the amount of a lump sum refund shall be computed in order from the first period of insurance coverage and interest to be added shall be calculated based on the number of months during the period from the month following the month in which insured status is lost before money is lent until the month in which the request for the payment of a lump sum refund is made.
Article 16 (Applicability to Payment of Additional Pension Amounts)
The provisions of Article 48 (1) of the amended National Pension Act (Act No. 6289) shall apply to the portion of additional pension amounts to be paid after December 23, 2000 which is the date the same Act enters into force with respect to a person who acquired the right to receive benefits before December 23, 2000 which is the enforcement date thereof.
Article 17 (Applicability to Period of Payment of Pension)
The provisions of Article 50 (1) of the amended National Pension Act (Act No. 6286) shall apply, starting from a person who applies for the payment of money to be returned or postponed contributions after December 23, 2000 which is the enforcement date thereof.
Article 18 (Applicability to Eligible Ages to be Paid Benefits)
With respect to the age of eligibility to be paid benefits under Article 58 (3) of the amended National Pension Act (Act No. 6286), notwithstanding the provision pertaining to the age eligible to be paid therein, an age to which one year is added shall apply for the period from 2013 to 2017, two years for the period from 2018 to 2022, three years for the period from 2023 to 2027, four years for the period from 2028 to 2032 and five years from 2033.
Article 19 (Applicability to Additional Inclusion of Period of Insurance Coverage)
The amended provisions of Article 18 shall apply, starting from a person who first serves in the military under the Military Service Act since January 1, 2008, and the amended provisions of Article 19 shall apply solely to children born since January 1, 2008. In cases where a child was borne before December 31, 2007, an additional period of insurance coverage shall be included according to the classifications in the following subparagraphs:
1. When one child was born before December 31, 2007: The amended provisions of Article 19 shall apply to the sum of the number of children born after January 1, 2008 and the number of children born before December 31, 2007; and
2. When two or more children were born before December 31, 2007: Eighteen months shall be added for each child born after January 1, 2008 but such period shall not exceed 50 months.
Article 20 (Applicability to Calculation of Basic Pension Amount)
The basic pension amount under the main sentence of Article 51 (1) for the years between 2008 and 2027 shall, notwithstanding the amended provisions of Article 51 (1), be an amount obtained by multiplying the sum of the amounts mentioned in each subparagraph of Article 51 (1) by the rate of the relevant year in the following subparagraphs:
1. 1500/1000 for 2008;
2. 1485/1000 for 2009;
3. 1470/1000 for 2010;
4. 1455/1000 for 2011;
5. 1440/1000 for 2012;
6. 1425/1000 for 2013;
7. 1410/1000 for 2014;
8. 1395/1000 for 2015;
9. 1380/1000 for 2016;
10. 1365/1000 for 2017;
11. 1350/1000 for 2018;
12. 1335/1000 for 2019;
13. 1320/1000 for 2020;
14. 1305/1000 for 2021;
15. 1290/1000 for 2022;
16. 1275/1000 for 2023;
17. 1260/1000 for 2024;
18. 1245/1000 for 2025;
19. 1230/1000 for 2026; and
20. 1215/1000 for 2027.
Article 21 (Applicability to Age Eligible to be Paid Benefits)
With respect to the age of eligibility to be paid benefits under the amended provisions of Article 70 (3), notwithstanding the provisions pertaining to the age of eligibility to be paid benefits therein, an age to which one year is added shall apply for the period from 2013 to 2017, two years for the period from 2018 to 2022, three years for the period from 2023 to 2027, four years for the period from 2028 to 2032 and five years from 2033.
Article 22 (Transitional Measures concerning Status of Former Local Area-Based Insured Persons)
From among persons who were local area-based insured persons at the time when the amended National Pension Act (Act No. 4909) was in force, the persons, other than those who became a local area-based insured person under Article 10 of the same Act, shall be deemed to have become voluntarily insured persons under Article 10-2 of the same Act.
Article 23 (Retroactive Application of Payment of Lump Sum Refund to Foreigners Who Have Returned to their Home Countries, etc.)
The amended provisions of Article 126 (2) 2 and 3 shall also apply to foreigners who have returned to their home countries before May 11, 2007, which is the enforcement date of the amended National Pension Act (Act No. 8426) or foreigners who fall under any of the subparagraphs of amended Article 77 (1).
Article 24 (Transitional Measures concerning Foreigners Who are Workplace-Based Insured Persons)
With respect to a foreigner who became a workplace-based insured person according to his or her application under the former provisions prevailing before August 4, 1995 which is the date the amended National Pension Act (Act No. 4971) enters into force, the provisions of Articles 67 through 69 of the same Act shall apply to the period of insurance coverage before the enforcement of the same Act, notwithstanding Article 102 (2) of the same Act.
Article 25 (Transitional Measures concerning Persons Excluded from Workplace-Based Insured Persons or Local Area-Based Insured Persons)
(1) A workplace-based insured person or local area-based insured person under the provisions prevailing before the amended National Pension Act (Act No. 5623) enters into force, who is excluded from such status under the proviso to Article 8 (1), the former part of paragraph (2) of the same Article and Article 10 of the same Act shall be regarded as a workplace-based insured person or local area-based insured person under the same provisions.
(2) In cases where a workplace-based insured person or a local area-based insured person under paragraph (1) wishes to relinquish his or her insured status, he or she may abandon his or her insured status by filing an application with the NPS under the conditions prescribed by Ministerial Decree of Health and Welfare, notwithstanding the causes of loss of insured status under Article 12 (1) and (2) of the amended National Pension Act (Act No. 5623).
Article 26 (Transitional Measures concerning Computation of Period of Insurance Coverage of Workplace-Based Insured Persons)
With respect to a delinquency period before April 1, 1999, the former provisions shall apply, notwithstanding the proviso to Article 17 (2), and (3) of the amended National Pension Act (Act No. 5623).
Article 27 (Transitional Measures concerning Payment of Benefits, etc.)
(1) The payment of benefits of which grounds for payment occurred before January 1, 1999 which is the date the amended National Pension Act (Act No. 5623) enters into force shall comply with the provisions of the same Act before amendment.
(2) The calculation of the portion of the basic pension amount corresponding to the period of insurance coverage before January 1, 1999 which is the date the amended National Pension Act (Act No. 5623) enters into force shall comply with the former provisions, despite Article 47 of the same Act.
Article 28 (Transitional Measures concerning Restitution of Unlawful Profits, etc.)
With respect to the restitution of unlawful profits, etc. gained by a cause which occurred before the amended National Pension Act (Act No. 5623) enters into force, the former provisions shall apply, notwithstanding Article 53 (1) of the same Act.
Article 29 (Transitional Measures concerning Divided Pension)
With respect to a person to whom a ground occurred for the payment of the divided pension under Article 57-2 (1) of the amended National Pension Act (Act No. 5623) before the date the same Act enters into force, the provisions of Articles 57-2 and 57-3 of the same Act pertaining to the divided pensions shall apply, starting from the portion of the old-age pension benefits to be paid after January 1, 1999 which is the enforcement date of the same Act.
Article 30 (Transitional Measures concerning Contributions of Former Local Area-Based Insured Persons)
The contribution of a person who is qualified as a local area-based insured person (including persons who has been converted from a local area-based insured person into a voluntarily and continuously insured person) under the former provisions of the amended National Pension Act (Act No. 5623) during the period from January 1, 1999 to March 31, 1999 shall comply with the former provisions of the amended National Pension Act (Act No. 5623) during the period from January 1999 to March 1999.
Article 31 (Transitional Measures concerning Payment of Pension Benefits)
The pension benefits of the month in which the amended National Pension Act (Act No. 6286) enters into force and of the preceding month thereof shall be paid on the last day of the month in which the same Act enters into force.
Article 32 (Transitional Measures concerning Recipients of Assistances under National Basic Living Security Act)
A recipient of assistances under the National Basic Living Security Act who maintains the status of a workplace-based insured person or a local area-based insured person pursuant to the former provisions at the time when the amended National Pension Act (Act No. 6286) enters into force shall be regarded as a workplace-based insured person or a local area-based insured person under Article 8 or 10 of the same Act, despite Article 8 (1) and subparagraph 4 of Article 10 of the amended National Pension Act (Act No. 6286).
Article 33 (Transitional Measures concerning Payment of Benefits, etc.)
(1) The payment of benefits, the ground for the payment of which occurred before the amended National Pension Act (Act No. 6286) enters into force shall comply with the former provisions.
(2) In cases where an amount calculated under Article 47 (1) 1 of the amended National Pension Act in force is smaller than 1,271,595 won, it shall be regarded as 1,271,595 won, despite the provisions of the same subparagraph.
Article 34 (Transitional Measures concerning Payment of Benefits, etc.)
(1) The payment of benefits, the ground for the payment of which occurred before this Act enters into force shall comply with the former provisions.
(2) The calculation of the basic pension amount corresponding to the period of insurance coverage before this Act enters into force shall comply with the former provisions, notwithstanding the amended provisions of Article 51.
(3) The basic pension amount under the main sentence of Article 51 (1) for the period of insurance coverage in each year from 2008 to 2027 shall be calculated by multiplying the sum of the amounts in each subparagraph of Article 51 (1) by the rate of the relevant year in each subparagraph of Article 20 of the Addenda.
Article 35 (Transitional Measures concerning Suspension of Payment of Early Old-Age Pension)
With respect to a person who has attained the right to receive the early old-age pension before the enforcement of this Act and for whom the payment of the early old age pension is suspended because he or she is engaged in income-earning activities at the time when this Act enters into force or thereafter, the amended provisions of Article 66 (2) shall also apply: Provided, That the period for which the payment of benefits is suspended because a person is engaged in income-earning activities before this Act enters into force shall be included in the existing period of payment under the amended provisions of Article 66 (2) 1, and in cases where the rate calculated under the same subparagraph is smaller than the rate calculated under the former provisions, the former rate shall prevail.
Article 36 (Transitional Measures concerning Persons Entitled to Disability Pension)
(1) With respect to a person who is recognized to have been completely cured before this Act enters into force or for whom two years have passed since the date of first medical examination, the former provisions shall prevail, despite the amended provisions of Article 67 (1).
(2) In cases where the application of the amended provisions of Article 67 (2) is unfavorable to a person whose date of first medical examination precedes the date this Act enters into force when compared with those of the former provisions, he or she shall comply with the former provisions.
(3) A person whose date of first medical examination precedes the date this Act enters into force shall comply with the former provisions, despite the amended provisions of Article 85.
Article 37 (Transitional Measures concerning Protection of Right to Receive Benefits, etc.)
(1) The abolishment of Articles 57-2 (3) and 93-2 of the amended National Pension Act (Act No. 8426) shall also apply to the persons who acquired the right to receive benefits before this Act enters into force.
(2) The amended provisions of Articles 52 (1), 56, 58 (2), 62, 63 (2) and (3), 65 (2) and (4), 70 (3) and 81 shall also apply to the persons who acquired the right to receive benefits before this Act enters into force.
Article 38 (Transitional Measures concerning Persons Responsible for Filing Report on Death of Insured Person, etc.)
A person responsible for filing a report under the amended provisions of Article 121 (2) shall be deemed as a person responsible for filing a report under Article 88 of the Family Register Act until December 31, 2007.
Article 39 (Transitional Measures concerning Application for Coverage, Confirmation of Insured Status, etc.)
Any confirmation, etc. or other acts conduced by the NPS or various kinds of reports, applications, etc. or other acts conducted for the NPS under the former provisions at the time when this Act enters into force shall be deemed as an act conducted by the NPS or for the NPS under the relevant provisions of this Act.
Article 40 (General Transitional Measures concerning Disposition, etc.)
An act conducted by an administrative organ or for an administrative organ under the former provisions at the time when this Act enters into force shall be deemed as an act conducted by an administrative organ or for an administrative order under the relevant provisions of this Act.
Article 41 (Transitional Measures concerning Penal Provisions or Fines for Negligence)
When applying provisions pertaining to penalties or fines for negligence for an act committed before this Act enters into force, the former provisions shall prevail.
Article 42 Omitted.
Article 43 (Relations with Other Acts and Subordinate Statutes)
In cases where other Acts and subordinate statutes quoted the former provisions of the National Pension Act at the time when this Act enters into force, they shall be deemed to have quoted the relevant provisons of this Act in lieu of the former provisions if provisions corresponding thereto exist in this Act.
ADDENDA<Act No. 8635, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 44 Omitted.
ADDENDA<Act No. 8728, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9385, Jan. 30, 2009>
This Act shall enter into force three months after the date of its promulgation.

Last updated : 2009-11-02