Chapter 1 General Provisions
The purpose of this Act is to contribute to improving the welfare of members of the armed forces and their survivors by affording proper compensation for injuries, illnesses, disabilities or deaths incurred in line of duty.
| Article 2 (Scope of Application) |
This Act shall apply to members of the armed forces who perform military service as active duty service member or upon being called up: Provided, That the following persons (hereinafter referred to as “non-commissioned officer appointed not volunteered or service member”) are only eligible for disability compensation prescribed in Article 33 and death compensation prescribed in Article 39: | 1. | Non-commissioned officers appointed not on a voluntary basis; |
| 3. | Cadets: Provided, That a person who applies for a cadet while serving as a warrant officer or non-commissioned officer (excluding non-commissioned officers referred to in subparagraph 1) is excluded herefrom. |
The terms used in this Act are defined as follows:
| 1. | The term “line-of-duty accident” means an injury or illness incurred while a member of the armed forces performs such official duties as duties in combat operations against the enemy, duties to suppress an armed riot or revolt, or other duties at grave risk to his or her life or body, or a line-of-duty injury or illness, or disability resulted therefrom, or line-of-duty death; |
| 2. | The term “survivor(s)” means any person defined in Article 3 (1) 4 and (2) through (4) of the Military Pension Act, who is supported by a current or former member of the armed forces at the time of the member’s death: Provided, That for purposes of payment of death compensation under Article 39, such person shall be deemed a survivor whether he or she is supported by a current or former member of the armed forces; |
| 3. | The term “healed” means a condition in which an injury or illness has been completely healed, or no further effects of treatment are expected with the relevant symptoms remaining unchanged; |
| 4. | The term “disability” means a condition in which an injury or illness has been healed, but the ability to work has been lost or diminished due to a mental or physical defect. |
| Article 4 (Criteria for Recognizing Line-Of-Duty Accidents) |
| (1) | If any of the following is applicable to a member of the armed force, the member is deemed to have sustained a line-of-duty accident: Provided, That, where there is no proximate causal relation between the member’s official duties and an accident, the accident shall not be deemed a line-of-duty accident: |
| 1. | A line-of-duty injury: An injury caused by any of the following accidents (hereafter referred to as “line-of-duty accident”): |
| (a) | An accident that occurs while the member of the armed forces performs official duties or other activities incidental thereto; |
| (b) | An accident that occurs while the member of the armed forces commutes using his or her ordinary commuting route and method; |
| (c) | Any other accident that occurs in relation to the performance of official duties; |
| 2. | A line-of-duty illness: any of the following illnesses; |
| (a) | An illness caused by a physical, chemical or biological agent in the process of performing his or her official duties; |
| (b) | An illness caused by work imposing a physical or psychological burden on him or her in the process of performing his or her official duties; |
| (c) | An illness caused by a line-of-duty injury; |
| (d) | Any other illness caused in relation to the performance of his or her official duties; |
| 3. | A disability incurred by a line-of-duty injury or illness; |
| 4. | A line-of-duty death: Any of the following deaths: |
| (a) | A death occurred while performing his or her official duties; |
| (b) | A death resulted from a line-of-duty accident; |
| (c) | A death resulted from a line-of-duty injury or illness. |
| (2) | Where a member of the armed forces willfully sustains an injury, illness or disability or dies, it shall not be deemed a line-of-duty accident: Provided, That, if the member of the armed forces engages in a willful act while in a state where his or her normal cognitive ability, etc. is significantly reduced for any duty-related cause and such willful act constitutes an act prescribed by Presidential Decree, it shall be deemed a line-of-duty accident. |
| (3) | Where a member of the armed force receiving medical care due to a line-of-duty accident needs medical care as a result of manifestation of an additional injury or illness incurred by the line-of-duty accident, the additionally manifested injury or illness shall be deemed a line-of-duty accident. |
| (4) | Where a complication occurs mainly as a result of a line-of-duty injury or illness in the process of treatment thereof, the complication shall be deemed a line-of-duty illness: Provided, That a complication shall not be deemed a line-of-duty illness if it occurs or is aggravated naturally due to an underlying illness or physical constitution. |
| (5) | To determine where an illness of a current or former members of the armed forces is a line-of-duty illness, the characteristics of his or her duties, sex, age, physical constitution, usual health conditions, existence of underlying illnesses, sick leave, leave of absence, retirement, etc. shall be taken into account. |
| (6) | Except as provided in paragraphs (1) through (5), detailed criteria for recognizing line-of-duty accidents shall be prescribed by Presidential Decree. |
| Article 5 (Military Accident Compensation Council) |
There is established the Military Accident Compensation Council (hereinafter referred to as the “Council”) under the Ministry of National Defense to deliberate on the following:
| 1. | Determinations of the following matters: |
| (b) | Matters concerning whether the Minister of National Defense does not exercise the whole or part of a claim for damages against a third party under the proviso of Article 19 (1) and adjustments of benefits under Article 19 (2); |
| (c) | Eligibility for line-of-duty injuries or line-of-duty illnesses in relation to payment of line-of-duty care benefits under Article 20 or disability pension under Article 26; |
| (d) | Whether to approve extension of the period of medical care under Article 20; |
| (e) | Whether to approve additional medical care under Article 21; |
| (f) | Determination of and changes to disability ratings in relation to payment of disability pensions under Articles 27 and 28; |
| (g) | Eligibility for line-of-duty death in respect of payment of survivor’s pension for line-of-duty death under Article 35; |
| (h) | Whether to restrict benefits due to willful misconduct or gross negligence under Article 43; |
| 2. | Matters that are required by other statutes and regulations to undergo deliberation by the Council; |
| 3. | Other matters prescribed by Presidential Decree in relation to the operation of the military accident compensation system. |
| Article 6 (Composition of the Council) |
| (1) | The Council shall be composed of not more than 20 members, including one Chairperson. |
| (2) | The Chairperson of the Council shall be elected among and by its members. |
| (3) | The members shall be appointed or commissioned by the Minister of National Defense from among the following persons, giving due consideration to gender equality: |
| 1. | Public officials (including members of the armed forces) of the Ministry of National Defense in charge of medical or judicial duties; |
| 2. | Outside experts in the field of medical or judicial services. |
| (4) | Each member shall hold office for a term of three years: Provided, That members who fall within paragraph (3) 1 shall hold office while holding such post. |
| (5) | Meetings of the Council shall be attended by seven members designated by the Chairperson for each meeting, including the Chairperson and at least three members appointed from among those specified in paragraph (3) 2. |
| (6) | The Council may request the Chief of Staff of each armed force, the commanding officer of a military unit under the direct command of the Ministry of National Defense, the head of an agency under the direct command of the Ministry of National Defense, the head of a health care institution, other related person, agency, etc. to submit materials if necessary for deliberation. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of the Council shall be prescribed by Presidential Decree. |
SECTION 1 Common Provisions
The kinds of benefits payable under this Act are as follows:
| 1. | Line-of-duty care benefits; |
| (b) | Disability compensation; |
| 3. | Accident benefits for survivors: |
| (a) | Survivor’s disability pension; |
| (b) | Survivor’s pension for line-of-duty death; |
| (c) | Survivor’s lump-sum pensions for line-of-duty death; |
| (a) | Disaster relief money; |
| (i) | A service member death gratuity; |
| (ii) | A family death gratuity. |
| Article 8 (Confirmation of Reasons for, and Determination of, Benefits) |
| (1) | To receive any benefits referred to in Article 7, a person entitled to the benefits shall file a claim for payment with the Minister of National Defense. |
| (2) | Upon receiving an application for benefits under paragraph (1), the Minister of National Defense shall verify benefit eligibility, determine the benefit amount and make payment: Provided, That the determinations of line-of-duty care benefits under Article 20, disability pensions under Article 26, and survivor’s pensions for line-of-duty death under Article 35 shall be deliberated upon by the Council. |
| Article 9 (Basis for Computation of Benefits) |
| (1) | The following benefits shall be computed based on the amount of base monthly income defined in Article 3 (1) 1 of the Military Pension Act (hereinafter referred to as “amount of base monthly income”) of the month in which reasons for the relevant benefits arise: |
| 1. | A disability pension under Article 26 (hereinafter referred to as “disability pension”) and a survivor’s disability pension under Article 34 (hereinafter referred to as “survivor’s disability pension”); |
| 2. | A survivor’s pension for line-of-duty death under Article 35 (hereinafter referred to as “survivor’s pension for line-of-duty death”) and a survivor’s lump-sum benefits for line-of-duty death under Article 36 (hereinafter referred to as “survivor’s lump-sum pension for line-of-duty death”); |
| 3. | A service member death gratuity under Article 41 (2) (hereinafter referred to as “service member death gratuity”). |
| (2) | For purposes of payment of a survivor’s pension for line-of-duty death and a service member death gratuity among the benefits referred to in paragraph (1), if the amount of base monthly income of a member of the armed forces exceeds 180 percent (hereinafter referred to as “maximum basic amount of compensation”) or does not exceed 50 percent (hereinafter referred to as “minimum basic amount of compensation”) of the amount of average base monthly income of all public officials computed under Article 30 (3) of the Public Officials Pension Act (hereinafter referred to as “amount of average base monthly income of all public officials”) of the month in which reasons for the relevant benefit arise, the maximum basic amount of compensation or the minimum basic amount of compensation shall be deemed to be the amount of base monthly income of the member of the armed forces. |
| (3) | The following benefits shall be computed based on the amount of average base monthly income of all public officials of the month in which reasons for the relevant benefits arise: |
| 1. | Disability compensation under Article 33 (hereinafter referred to as “disability compensation); |
| 2. | Death compensation under Article 39 (hereinafter referred to as “death compensation”); |
| 3. | Disaster relief money under Article 40 (hereinafter referred to as “disaster relief money”); |
| 4. | A family death gratuity under Article 41 (1) (hereinafter referred to as “family death gratuity”). |
| (4) | Line-of-duty care benefits under Article 20 (hereinafter referred to as “line-of-duty care benefits”) shall be computed under Article 23. |
| Article 10 (Priority Rank of Survivors) |
| (1) | The priority rank of survivors to receive benefits shall be according to the order of inheritance provided in the Civil Act. |
| (2) | Where two or more survivors have the same priority rank, benefits shall be divided equally among them, and the method of payment of such benefits shall be prescribed by Presidential Decree. |
| Article 11 (Special Cases concerning Recipients of Benefits) |
| (1) | Where a current or former member of the armed forces dies and there is no survivor to receive benefits, the maximum amount prescribed by Presidential Decree shall be paid to the member’s lineal descendant or lineal ascendant who is not the member’s survivor, and such amount may be used for the deceased member if neither lineal descendant nor lineal ascendant exists. |
| (2) | Article 10 shall apply mutatis mutandis to the payment of benefits if there are two or more lineal descendants or lineal ascendants who are not a survivor under paragraph (1). |
| Article 12 (Period and Timing for Payment of Pension) |
| (1) | Benefits payable as a pension shall be paid in proportion to the period beginning in the month following the month during which reasons (including the reason to change a disability rating under Article 28) for the benefits payable as a pension arise and ending in the month during which the reason ceases to exist. |
| (2) | Upon occurrence of a reason for suspending the payment of benefits payable as a pension, the payment shall be suspended for the period beginning in the month following the month during which the reason occurs and ending in the month during which the reason ceases to exist: Provided, That the payment thereof shall not be suspended if the reason for suspension occurs and ceases to exist in the same month. |
| (3) | Benefits payable as a pension shall be paid monthly, as prescribed by Presidential Decree. |
| Article 13 (Adjustment of Amount of Pension) |
| Article 14 of the Military Pension Act shall apply mutatis mutandis to the adjustments of benefits payable as a pension. |
| Article 14 (Special Cases concerning Payment of Pension) |
| Article 15 of the Military Pension Act shall apply mutatis mutandis to the payment of pensions where a person entitled to receive benefits payable as a pension emigrates to a foreign country or loses Korean citizenship. |
| Article 15 (Recovery of Benefits) |
| (1) | Where any of the following is applicable to a person who has received benefits (including his or her heir), the Minister of National Defense shall recover the benefit, and shall collect the benefits plus the interest and recovery expenses prescribed by Presidential Decree if subparagraph 1 or 2 is applicable to the person: Provided, That the Minister of National Defense shall not collect interest and recovery expenses if the recovery is not attributable to the person liable to refund the benefits even in the case of subparagraph 1 or 2: |
| 1. | Where he or she has received the benefits by fraud or other improper means; |
| 2. | Where he or she has received more benefits than the amount he or she is entitled to by belatedly reporting or failing to report as required under Article 53; |
| 3. | Where the reason for the benefits retroactively ceases after the person has received the benefits; |
| 4. | Where the benefits have been otherwise erroneously paid. |
| (2) | In recovering benefits under paragraph (1), if a person required to pay the amount to be recovered fails to do so by the due date, the Minister of National Defense shall collect the benefits, plus the interest prescribed by Presidential Decree. |
| (3) | In recovering benefits under paragraph (1) or (2), if a person required to pay the amount to be recovered and interest fails to do so by the due date, the Minister of National Defense may collect the benefits and interest in the same manner as delinquent national taxes are collected. |
| (4) | In recovering benefits under paragraph (1), the Minister of National Defense may write off the benefits if any of the following is applicable: Provided, That, if any seizable property is found after a write-off in the case of subparagraph 1 or 3, the Minister of National Defense shall cancel such write-off without delay and collect the benefits in the same manner as delinquent national taxes are collected: |
| 1. | Where the disposition on default is completed and the amount allotted to the amount of default is less than the amount of such default; |
| 2. | Where the extinctive prescription on the relevant right is completed; |
| 3. | In other circumstances prescribed by Presidential Decree under which collection of the benefits is impracticable. |
| Article 16 (Payment after Deduction of Unpaid Amount) |
| (1) | Where a current or former member of the armed forces or a person receiving a survivor’s disability pension or survivor’s pension for line-of-duty death has any of the following debts, the Minister of National Defense may make a payment after deducting the relevant debt from a disability pension, survivor’s disability pension, survivor’s pension for line-of-duty death or survivor’s lump-sum pension for line-of-duty death payable under this Act: Provided, That such deduction shall not exceed 1/2 of a monthly pension payment in respect of benefits payable as a pension: |
| 1. | The principal of an amount subject to recovery under Article 15 and the interest thereon; |
| 2. | The difference in respect of settlement of a suspended disability pension under Article 30. |
| (2) | Where a current or former member of the armed forces or a person receiving a survivor’s disability pension or survivor’s pension for line-of-duty death has any of the following debts in respect of a survivor’s pension specified in Article 30 of the Military Pension Act (hereinafter referred to as “survivor’s pension”), survivor’s lump-sum benefits specified in Article 34 of the same Act (hereinafter referred to as “survivor’s lump-sum pension”), or survivor’s lump-sum benefits specified in Article 35 of the same Act (hereinafter referred to as “survivor’s lump-sum benefits”), the Minister of National Defense may make a payment after deducting the relevant debt from the survivor’s pension for line-of-duty death or survivor’s lump-sum pension for line-of-duty death: Provided, That such deduction shall not exceed 1/2 of a monthly pension payment in respect of benefits payable as a pension: |
| 3. | An unpaid contribution, if a contribution under Article 42 of the Military Pension Ac is not paid; |
| Article 17 (Protection of Entitlement) |
| (1) | No entitlement to benefits shall be transferred, seized, or offered as collateral: Provided, That the same shall not apply in any of the following cases: |
| Article 18 (Adjustment of Benefits under Other Statutes or Regulations) |
| (1) | Where an eligible beneficiary of a survivor’s pension for line-of-duty death (including a survivor’s lump-sum pension for line-of-duty death in lieu of a survivor’s pension for line-of-duty death; hereafter in this Article the same applies) becomes entitled to any of the following benefits, the beneficiary may receive the survivor’s pension for line-of-duty death and one benefit he or she selects among the following benefits: |
| 2. | A survivor’s lump-sum pension; |
| 3. | A survivor’s lump-sum benefits. |
| (2) | Where an eligible beneficiary of a survivor’s pension for line-of-duty death has been paid a survivor’s pension, a survivor’s lump-sum pension, or survivor’s lump-sum benefits, the beneficiary is paid the survivor’s pension for line-of-duty death, exclusive of the amount already paid. |
| (5) | Where a reason to pay a disability pension and a retirement pension to the same person occurs, the person is made to elect one pension more favorable to him or her for payment purposes. |
| Article 19 (Claims for Damages against Third Party) |
| (1) | Where the Minister of National Defense pay a benefit upon occurrence of reasons for the benefits due to an act of a third party, the Minister acquires a claim for damages, which the eligible beneficiary of the benefit has against the third party, in the amount prescribed by Presidential Decree out of the amount of such benefit: Provided, That, where the third party is the spouse, a lineal descendant or lineal ascendant of a current or former member of the armed forces, or a member of the armed force performing official duties, the Minister of National Defense need not exercise the whole or part of the claim following deliberation by the Council. |
| (2) | Where the eligible beneficiary under paragraph (1) has already received damages from the third party due to the same reason, no benefits shall be paid in the amount of such damages. |
SECTION 2 Line-of-Duty Care Benefits
| Article 20 (Line-of-Duty Care Benefits) |
| (1) | Where a member of the armed forces needs any of the following medical care due to a line-of-duty injury or illness, line-of-duty care benefits shall be paid: |
| 2. | Being furnished medicines, remedial materials, and prostheses; |
| 3. | Procedures, operation or other treatment; |
| 4. | Being hospitalized or institutionalized in a health care institution; |
| (2) | Medical care benefits shall be an amount required for medical care for the same injury or illness for a period of actual medical care not to exceed two years: Provided, That, where there is a medical opinion that continuous treatment is required after two years of actual medical care, a period of medical care may be extended for up to one year for each occasion, as prescribed by Presidential Decree. |
| Article 21 (Additional Medical Care) |
| (1) | Where a member of the armed forces paid line-of-duty care benefits was healed, but the line-of-duty injury or illness for which he or she took medical care recurs or has worsened than it was healed, and where there is a medical opinion that medical treatment is needed to heal the recurring or worsened injury or illness, the member may apply for additional medical care. |
| (2) | A member of the armed forces who applies for additional medical care under paragraph (1) may receive line-of-duty care as provided in Article 20 (hereinafter referred to as “line-of-duty care”), following deliberation by the Council. |
| (3) | Article 20 (2) shall apply mutatis mutandis to the period of additional medical care and extensions under paragraphs (1) and (2). |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for additional medical care shall be prescribed by Presidential Decree. |
| Article 22 (Health Care Institutions) |
| Article 23 (Computation of Line-of-Duty Care Benefits) |
| (2) | Notwithstanding paragraph (1), where a member of the armed forces cannot receive line-of-duty care at a military hospital in circumstances prescribed by Presidential Decree, line-of-duty care benefits payable in that case shall be an amount specified in the following: |
| 3. | Medical care benefits prescribed by Presidential Decree, which exceed the medical care benefits specified in subparagraphs 1 and 2, or are incurred for medical care in excess of the relevant scope. |
| Article 24 (Application for and Payment of Line-of-Duty Care Benefits) |
| (1) | A health care institution that has provided line-of-duty care shall apply for line-of-duty care benefits computed under Article 23 to the Minister of National Defense. |
| (2) | Upon receiving an application for line-of-duty care benefits under paragraph (1), the Minister of National shall pay the line-of-duty care benefits to the relevant health care institution. |
| (3) | Notwithstanding paragraphs (1) and (2), line-of-duty care benefits prescribed by Presidential Decree may be directly paid to members of the armed forces. |
| Article 25 (Special Cases concerning Payment of Line-of-Duty Care Benefits) |
| (1) | Notwithstanding Article 22, where a member of the armed forces receives line-of-duty care at any medical institution other than a health care institution for an emergent condition or in avoidable circumstances, line-of-duty care benefits may be paid only in cases recognized by the Minister of National Defense. |
| (2) | Article 23 shall apply mutatis mutandis to the computation of line-of-duty care benefits under paragraph (1). |
SECTION 3 Disability Pension
| Article 26 (Disability Pension) |
A disability pension is paid to a member of the armed forces, if:
| 1. | The member retires due to a line-of-duty injury or illness resulting in a disability; |
| 2. | The member is disabled, after retirement, due to a line-of-duty injury or illness incurred before retirement. |
| Article 27 (Amount of Disability Pension) |
| (1) | An amount of a disability pension shall be computed by multiplying the amount of base monthly income by the percent specified for each grade in the following: |
| 2. | Grade 2: 48.75 percent; |
| 3. | Grade 3: 45.5 percent; |
| 4. | Grade 4: 42.25 percent; |
| 6. | Grade 6: 35.75 percent; |
| 7. | Grade 7: 32.5 percent. |
| (2) | The rating for a disability pension specified in paragraph (1) (hereinafter referred to as “disability rating”) shall be determined following deliberation by the Council, and detailed criteria for disability ratings shall be prescribed by Presidential Decree. |
| Article 27-2 (Special Cases concerning Disability Ratings and Disability Pensions for Exterior Scars) |
Any of the following males shall be granted the same disability rating as that recognized for a female on the date grounds for payment of the relevant disability pension arise, and shall be paid a disability pension based on the same standards:
| 1. | A person who retires from July 1, 1994 to October 22, 2006 with the presence of a conspicuous external scar resulting from a line-of-duty injury or line-of-duty illness; |
| 2. | A person who is left with a conspicuous external scar after retirement, between July 1, 1994 and October 22, 2006, resulting from a line-of-duty injury or line-of-duty illness before retirement. |
[This Article Newly Inserted on Feb. 3, 2022]
| Article 28 (Change of Disability Rating) |
| (1) | Where the disability of a person entitled to a disability pension is improved or aggravated, the person’s disability rating shall be redetermined upon his or her application or recognition by the Minister of National Defense, following deliberation by the Council. In such cases, the Minister of National Defense may conduct a physical examination to verify the person’s degree of disability, as prescribed by Presidential Decree. |
| (2) | Where the disability of a person entitled to receive a disability pension no longer qualifies for any disability rating, the person’s entitlement is extinguished. |
| (3) | Where the disability rating of a person entitled to receive a retirement pension is redetermined under paragraph (1) while receiving a disability pension, the person may receive a more favorable benefit he or she chooses between the retirement pension and the disability pension payable based on the redetermined disability rating from the following month of the re-determination, and, if his or her entitlement is extinguished under paragraph (2), he or she is paid the retirement pension from the following month of the extinguishment. |
| (4) | Where a person entitled to receive a disability pension with less than 20 years’ period of service (referring to a period of service provided in Article 5 of the Military Pension Act; hereinafter the same shall apply) becomes ineligible for the disability pension under paragraph (2), the person is paid the difference, if the total disability pension already paid is less than the lump-sum severance payment under Article 28 of the Military Pension Act (hereinafter referred to as “lump-sum severance payment”) he or she would have received at the time of his or her retirement. In such cases, the difference paid shall be deemed to be a lump-sum severance payment. |
| (5) | Among persons who become entitled to a disability pension under Article 26, a person who has received a lump-sum severance payment, lump-sum retirement pension (hereinafter referred to as “lump-sum retirement pension”) and lump-sum retirement pension after reduction (hereinafter referred to as “lump-sum retirement pension after deduction”) under Article 21 of the Military Pension Act shall refund the lump-sum severance payment, lump-sum retirement pension and lump-sum retirement pension after deduction, plus the interest thereon, to the Military Pension Fund established under Article 47 of the Military Pension Act (hereinafter referred to as the “Military Pension Fund”). |
| Article 29 (Handling of Cases Involving Two or More Disabilities) |
Where a current or former member of the armed forces has at least two concomitant disabilities, such disabilities shall be combined for handling purposes, as prescribed by Presidential Decree.
| Article 30 (Suspension of Disability Pension) |
| Article 31 (Disability Pension to Missing Persons) |
| (1) | Where a person entitled to receive a disability pension has gone missing for at least one year, the disability pension may be paid to the member’s prospective heir (who should be within the meaning of survivors; hereafter in this Article the same shall apply) upon the prospective heir’s application. |
| (2) | Where an heir applies for the disability pension of a missing person under paragraph (1), the heir is paid the disability pension payable from the time the missing person became entitled to receive the disability pension under this Act, and, if the whereabouts of the missing person remain unknown after three-year from the time such missing person became entitled to receive the disability pension, the heir is paid an amount equal to 60 percent of the disability pension the missing person is entitled to, from the following month. |
| (3) | Where a missing person is confirmed dead after benefits was paid to the missing person’s heir under paragraph (2), the heir is paid a survivor’s disability pension from the following month of the date on which his or her death is confirmed: Provided, That where the date of the missing person’s death is within three years from the date of payment of the benefits to his or her heir under paragraph (1), his or her heir shall refund to the Military Pension Fund the difference between the survivor’s disability pension, which the heir is eligible to receive from the following month of the date of the missing person’s death to the month in which the third anniversary of that person’s death falls, and the benefits actually received, plus the interest prescribed by Presidential Decree. |
| (4) | Where a missing person is confirmed alive, a disability pension shall be paid to the person confirmed alive from the following month of the date on which he or she is confirmed alive. In such cases, if 60 percent of the disability pension was paid to his or her heir under paragraph (2), the person shall be paid an amount equal to the difference between the benefits paid and the benefits should have been paid for the relevant period, plus the interest prescribed by Presidential Decree. |
| (5) | Where there are two or more heirs under paragraph (1), Article 10 shall apply mutatis mutandis to the priority rank of the heirs and the payment of disability pension, and Article 37 shall apply mutatis mutandis to the loss or transfer of the entitlement of an heir receiving benefits under paragraph (2). |
| Article 32 (Split of Disability Pension) |
| (1) | Where a person who has been married to a member of the armed forces for five years or more (excluding any period during which the person has no de facto marital relationship with his or her spouse for such reasons as separation or runaway while his or her spouse is serving as a member of the armed forces; hereinafter the same shall apply) and satisfies both of the following requirements, the person may receive a pension payment splitting the disability pension (hereinafter referred to as “divided pension benefits”) that his or her former spouse is entitled to, or divided lump-sum benefits (hereinafter referred to as “divided lump-sum benefits”) for his or her life time since then: |
| 1. | The person has divorced his or her spouse; |
| 2. | The person’s spouse is an eligible beneficiary of a disability pension. |
| (2) | A person who satisfies the requirements provided in paragraph (1) may apply for divided pension benefits, if his or her former spouse has served for 20 years or more, and may apply for a divided lump-sum benefit, if the period of service is less than 20 years. In such cases, the divided pension benefits and the divided lump-sum benefits shall be computed as follows: |
| 1. | The divided pension benefits: An amount equally dividing the amount of the retirement pension payable for the length of marriage out of the amount of the retirement pension his or her spouse is entitled to and computed under Article 21 (2) of the Military Pension Act; |
| (3) | For purposes of paying divided pension benefits under paragraph (1), a former spouse is paid the disability pension computed under Article 27, less the amount of the divided pension benefits. |
| (4) | For purposes of paying divided lump-sum benefits under paragraph (1), a former spouse is paid 1/2 of the disability pension computed under Article 27 until the divided lump-sum benefits amounts to its total. |
| (5) | Where a former spouse becomes entitled to a disability pension under Article 26, a person who has received a lump-sum retirement pension or lump-sum retirement pension after deduction, which is split between the former spouse and him or her, shall refund the amount of the lump-sum retirement pension or lump-sum retirement pension after deduction that he or has received, plus the interest thereon, to the Military Pension Fund. |
| (6) | Article 22 (3) and (4), and 23 through 25 shall apply mutatis mutandis to the split and payment of disability pensions under paragraph (1). |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the split and payment of disability pensions shall be prescribed by Presidential Decree. |
SECTION 4 Disability Compensation
| Article 33 (Disability Compensation) |
| (1) | Where a non-commissioned officer appointed not volunteered or service member retires after being determined to have a mental or physical disability resulted from an injury or illness incurred in military service, or is determined to have a mental or physical disability resulted from an injury or illness incurred in military service within six months after his or her retirement, disability compensation classified in the following shall be paid to the non-commissioned officer appointed not volunteered or service member: Provided, That Grade 4 disability compensation among the following shall be paid only where an injury or illnesses is recognized as a line-of-duty injury or illness following deliberation by the committee for examination of killed or wounded in action and death or injury in the line of duty established under Article 54-3 of the Military Personnel Act (hereinafter referred to as the “committee for examination of killed or wounded in action and death or injury in the line of duty”): |
| 1. | A mental or physical disability resulted from an injury or illness (hereinafter referred to as “injury incurred in action”) related to the performance of duties in combat operations against the enemy, duties to suppress an armed riot or revolt: 2.5 times the amounts specified in the items of subparagraph 3; |
| 2. | A mental or physical disability resulted from an injury or illness (hereinafter referred to as “injury incurred in the performance of special duties”) related to the performance of duties prescribed by Presidential Decree, being at grave risk to his or her life or body: 1.88 times the amounts specified in the items of subparagraph 3; |
| 3. | Any other mental or physical disability: Amounts specified for the following Grades. In such cases, criteria for determining Grades shall be prescribed by Ordinance of the Ministry of National Defense: |
| 1. | Grade 1: 9 times the amount of average base monthly income of all public officials; |
| 2. | Grade 2: 6 times the amount of average base monthly income of all public officials; |
| 3. | Grade 3: 4.5 times the amount of average base monthly income of all public officials; |
| 4. | Grade 4: 3 times the amount of average base monthly income of all public officials. |
| (2) | Where a member of the armed forces other than a non-commissioned officer appointed not volunteered or service member retires after being determined to have a mental or physical disability resulted from an injury incurred in action or an injury incurred in the performance of special duties, or is determined to have a mental or physical disability resulted from an injury incurred in action or an injury incurred in the performance of special duties with six months from his or her retirement, disability compensation specified in paragraph (1) 1 or 2 shall be paid to the member of the armed forces. |
| (3) | Where disability compensation specified in paragraphs (1) and (2) is paid for an injury or illness incurred while working overseas (referring to working during a period of overseas assignment prescribed by Presidential Decree; hereinafter the same shall apply), an amount prescribed by Presidential Decree shall be additionally paid. |
| (4) | Determinations of mental or physical disabilities under paragraphs (1) and (2) shall be made by military hospitals, as prescribed by Presidential Decree. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the payment of disability compensation shall be prescribed by Presidential Decree. |
SECTION 5 Accident Benefits for Survivors
| Article 34 (Survivor’s Disability Pension) |
| (1) | Where a current or former member of armed forces entitled to receive a disability pension dies, a survivor’s disability pension shall be paid to the member’s survivor. |
| (2) | A survivor’s disability pension shall be 60 percent of the amount of the disability pension a current or former member of armed forces is entitled to. |
| (3) | Notwithstanding paragraph (2), a person defined in Article 3 (2) or (3) of the Military Pension Act (including the spouse of a current or former member of the armed forces defined in paragraph (1) 4 (a) of that Article who supports the person) among survivors shall be paid 70 percent of the amount of the disability pension a current or former member of armed forces is entitled to. |
| Article 35 (Survivor’s Pension for Line-of-Duty Death) |
| (1) | Where a member of the armed forces dies in the line of duty, a survivor’s pension for line-of-duty death shall be paid to the member’s survivor following deliberation by the Council. |
| (2) | A survivor’s pension for line-of-duty death shall be an aggregate of the following amounts: |
| 1. | An amount equal to 43 percent of the amount of base monthly income at the time of death of a member of the armed forces; |
| 2. | For each survivor of a member of the armed forces who died in the line of duty, an amount equal to 5 percent of the amount of base monthly income at the time of the member’s death: Provided, That the total amount shall not exceed 20 percent of the amount of base monthly income at the time of the member’s death. |
| Article 36 (Survivor’s Lump-Sum Pensions for Line-of-Duty Death) |
| (1) | Where a survivor entitled to receive a survivor’s pension for line-of-duty death wants, a survivor’s lump-sum pension for line of duty death shall be paid to the survivor, in lieu of the survivor’s pension for line-of-duty death. |
| Article 37 (Loss and Transfer of Entitlement to Survivor’s Disability Pension and Survivor’s Pension for Line-of-Duty Death) |
| (1) | Where any of the following is applicable to a person entitled to receive a survivor’s disability pension or survivor’s pension for line-of-duty-death, the person loses the entitlement: <Amended on Feb. 3, 2022> |
| 1. | Where the person dies; |
| 2. | Where the person remarries (including being in a de facto marital relationship); |
| 3. | Where his or her kinship with the deceased member of the armed forces is terminated; |
| 4. | Where his or her child or grandchild who does not have a disability qualifying for disability rating attains 25 years of ag e; |
| 5. | Where the state of a person receiving a survivor’s disability pension or survivor’s pension for line-of-duty-death due to a disability qualifying for disability ratings is eased. |
| (2) | Where a person entitled to receive a survivor’s disability pension or survivor’s pension for line-of-duty-death loses his or her entitlement and there is another person in the same priority rank, the entitlement is transferred to that person in the same priority rank, and if there is no person in the same priority rank, the entitlement is transferred to a person next in priority rank. |
| Article 38 (Survivor’s Disability Pension and Survivor’s Pension for Line-of-Duty Death Payable to Missing Persons) |
Where a person entitled to receive a survivor’s disability pension or survivor’s pension for line-of-duty-death has gone missing for at least one year, the survivor’s pension equal to the period of missing shall be paid to a person in the same priority rank upon the person’s application, and if there is no person in the same priority rank, the survivor’ pension equal to the period of missing may be paid to a person next in priority rank upon that person’s application.
| Article 39 (Death Compensation) |
| (1) | Where a member of the armed forces dies in the line of duty, death compensation shall be paid to the member’s survivor following deliberation by the committee for examination of killed or wounded in action and death or injury in the line of duty. |
| (2) | Amounts of death compensation paid under paragraph (1) are as follows: |
| 1. | Death in action (referring members of the armed forces who are killed in combat operations against the enemy or due to hostile attack, or who die as a direct result of any act to prevent an armed riot, revolt or other disturbance of the public peace and order): An amount equal to 60 times the amount of average base monthly income of all public officials; |
| 2. | A special line-of-duty death (referring members of the armed force who dies in the performance of duties prescribed by Presidential Decree, being at grave risk to their life or body): An amount equal to 45 times the amount of average base monthly income of all public officials; |
| 3. | Other line-of-duty death: An amount equal to 24 times the amount of average base monthly income of all public officials. |
| (3) | Where a member of the armed forces dies in the line of duty overseas, an amount prescribed by Presidential Decree shall be additionally paid. |
SECTION 6 Relief Benefits
| Article 40 (Disaster Relief Money) |
| (1) | Where a member of the armed forces suffers property loss or damage due to a fire, flood or any other disaster, the member shall be paid disaster relief money within the amount equal to four times the amount of average base monthly income of all public officials. |
| (2) | The scope of loss or damage caused by disasters specified in paragraph (1), the amount of relief money payable based on the degrees of loss or damage and other matters shall be prescribed by Presidential Decree. |
| Article 41 (Death Gratuities) |
| (1) | Where the spouse, a parent (including a parent of the spouse) or child of a member of the armed forces dies, a family death gratuity shall be paid to the member. In such cases, if two or more members of the armed forces are eligible for a family death gratuity, the family death gratuity shall be paid to one member of the armed forces prescribed by Presidential Decree, and if the deceased has been supported by any other member of the armed forces, it shall be paid to that member. |
| (2) | Where a member of the armed forces dies, a service member death gratuity shall be paid to the member’s spouse, and, if the member had no spouse, such death gratuity shall be paid a person who conducts funeral and memorial services for such member, as prescribed by Presidential Decree. |
| (3) | A family death gratuity shall be 65 percent of the amount of average base monthly income of all public officials, and a service member death gratuity shall be two times the amount of base monthly income of a deceased member of the armed forces. |
SECTION 7 Restrictions on Benefits
| Article 42 (Restrictions on Benefits due to Criminal Punishment) |
Article 38 of the Military Pension Act shall apply mutatis mutandis to restrictions on disability pensions due to criminal punishments or other reasons. In such cases, “retirement benefits and retirement allowances” shall be deemed to be “disability pensions”, and “amount of retirement benefits” to be “amount of disability pensions”.
| Article 43 (Restrictions on Benefits Due to Willful Misconduct or Gross Negligence) |
| (1) | No person subject to this Act, who has acquired an entitlement to benefits by willfully causing an illness, injury, disability or accident, shall be paid the benefits: Provided, That such benefits shall be paid where the illness, injury, disability or accident is caused by his or her act while in a state where his or her normal cognitive ability, etc. is significantly reduced under circumstances prescribed by Presidential Decree. |
| (2) | Where a person eligible to receive accident benefits for survivors willfully causes the death of a current or former member of the armed forces or a person receiving accident benefits for survivors, no accident benefits for survivors shall be paid to that person. The same shall also apply where a person eligible to receive accident benefits for survivors upon the death of a current or former member of the armed forces willfully causes the death of another person in the same or higher priority rank before the current or former member of the armed forces dies. |
| (3) | Where any of the following is applicable to a person eligible to receive benefits under this Act, the whole or part of the benefits need not be paid to the person, as prescribed by Presidential Decree: Provided, That a person shall be paid the full amount of benefits relating to medical care for an injury or illness sustained in a line-of-duty accident unless the person has willfully caused the accident, but, even in cases where the person has willfully caused the accident, the full amount of benefits relating to medical care for such injury or illness shall be paid if it is caused by his or her act while in a state where his or her normal cognitive functions, etc. are noticeably declined under circumstances prescribed by Presidential Decree: |
| 1. | Where any of the following is applicable to him or her by failing to following instructions about his or her medical care due to gross negligence or without good cause: |
| (a) | Where he or she has caused an injury, illness or disability; |
| (b) | Where he or she has aggravated the degree of his or her injury, illness or disability; |
| (c) | Where he or she has impeded recovery from his or her injury, illness or disability; |
| (d) | Where he or she has died. |
| 2. | Where he or she has willfully aggravated the degree of his or her injury, illness or disability or has impeded recovery therefrom: Provided, That this shall not apply where such aggravation or impediment is caused by his or her act while in a state where his or her normal cognitive functions, etc. are significantly reduced and circumstances prescribed by Presidential Decree exist. |
| Article 44 (Restrictions on Benefits for Failure to Receive Physical Examination) |
| Article 45 (Restrictions on Payment of Death Compensation and Disability Compensation) |
None of the following persons is paid death compensation and disability compensation:
| 2. | A person if the reason to pay death compensation and disability compensation has occurred due to his or her willful misconduct or gross negligence: Provided, That if such reason has occurred due to his or her act while in a state where his or her normal cognitive functions, etc. are significantly reduced under circumstances prescribed by Presidential Decree exist, such person is excluded herefrom; |
| 4. | A person who has contracted an illness or has been injured for a non-service related cause and whose period of service (excluding a period of hospitalization) is less than one year; |
| 5. | A person who receives from the Government any compensation other than disability compensation and death compensation among those who have contracted an illness or have been injured or have died while working overseas. |
CHAPTER III BEARING OF EXPENSES
| Article 46 (Principles of Bearing Expenses) |
Expenses incurred in providing benefits and expenses incurred in conducting disaster compensation business shall be borne by the State.
CHAPTER IV APPLICATION FOR REVIEW
| Article 47 (Application for Review) |
| (1) | A person who is dissatisfied with a determination of benefits or other benefits under this Act may file an application for review with the Military Accident Compensation and Pensions Review Committee established under Article 48, as prescribed by Presidential Decree. |
| (2) | An application for review under paragraph (1) shall be filed within 180 days from the date of a determination of benefits, etc. or within 90 days from the date on which the affected person becomes aware of the determination: Provided, That an exception may be granted where it is proved that an application for review cannot be filed within such periods for good cause shown. |
| (3) | No administrative appeal under the Administrative Appeals Act may be filed against any determinations of benefits and other benefits under this Act. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary to file applications for review shall be prescribed by Presidential Decree. |
| Article 48 (Military Accident Compensation and Pensions Review Committee) |
| (1) | There is established the Military Accident Compensation and Pensions Review Committee (hereinafter referred to as the “Review Committee”) under the Ministry of National Defense to deliberate on the following: |
| 1. | Matters related to applications for review filed under Article 47; |
| 2. | Other matters prescribed by other statutes to be deliberated on by the Review Committee. |
| (2) | The Review Committee shall be composed of at least seven but not more than 15 members, including one Chairperson. |
| (3) | The Chairperson shall be elected from among and by members. |
| (4) | The members shall be appointed or commissioned by the Minister of National Defense from among the following, giving due consideration to gender equality: |
| 1. | Public officials (including members of the armed forces) of the Ministry of National Defense; |
| 2. | Persons with considerable knowledge and experience in the fields of medical, judicial or social security service. |
| (5) | The members shall hold office for a term of three years: Provided, That members who fall within paragraph (4) 1 shall hold office while holding such post. |
| (6) | The Review Committee may take the following measures if necessary for reviews: |
| 1. | Summoning a claimant for review, a person designated by the claimant, relevant public officials, and other relevant persons to hear their opinions; |
| 2. | Requesting the Chief of Staff of each armed force, the commanding officer of a military unit under the direct command of the Ministry of National Defense, the head of an agency under the direct command of the Ministry of National Defense, the head of a health care institution and other related persons or agencies to submit materials. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree. |
Chapter 5 Supplemental Provisions
| Article 49 (Prescription) |
| (1) | An entitlement to benefits under this Act is extinguished upon completion of prescription unless it is exercised within five years from the date on which the reasons for payment of the benefits arise: Provided, That an entitlement to disaster relief money or a death gratuity is extinguished upon completion of prescription unless it is exercised within three years from the date on which the reasons for payment of the disaster relief money or death gratuity arise. |
| (2) | Notwithstanding paragraph (1), if a member of the armed forces is recognized as having died in the line of duty through a re-examination by the committee for examination of killed or wounded in action and death or injury in the line of duty under Article 54-3 (2) of the Military Personnel Management Act, an entitlement to a survivor’s pension for line of duty death and compensation or an entitlement to a death gratuity is extinguished upon completion of prescription unless it is exercised respectively within five years or three years from the date on which the member is recognized as having died in the line of duty. |
| (3) | Where any entitlement provided in paragraphs (1) and (2) cannot be exercised due to a war, incident or any other unavoidable cause, an extension of a period not to exceed two years may be granted, as prescribed by Presidential Decree. |
| (4) | The right of the Minister of National Defense to recover or collect an amount subject to recovery or any other money to be collected under this Act is extinguished upon completion of prescription unless it is exercised within five years from the date on which the reason for recovery or collection occurs. |
| (5) | Notice or demand for payment of an amount subject to recovery or any other money to be collected, an application for payment of benefits, or a claim for refund of an overpayment, etc. has the effect of interrupting extinctive prescription. |
| (6) | Extinctive prescription interrupted under paragraph (5) runs anew after the due date specified in the notice or demand. |
| (7) | If a person files a suit in respect of a determination of benefits under this Act and wins the suit, the person’s entitlement to the benefits is extinguished upon completion of prescription unless it is exercised within three years in the case of line-of-duty care benefits, disaster relief money and death gratuities, and within five years in the case of other benefits, from the date on which the relevant judgment becomes final and conclusive. |
| Article 50 (Time for Taking Effect) |
When the application is mailed before the expiration of the period of prescription, the number of days taken for delivery by mail shall not be counted towards the period for making an application for benefits or an application for review under this Act.
| Article 51 (Inspection and Reporting) |
The Minister of National Defense may request the following from the Chief of Staff of each armed force, the commanding officer of a military unit under the direct command of the Ministry of National Defense, the head of an agency under the direct command of the Ministry of National Defense, the head of a health care institution or other related persons, and may authorize a public official or agency under the Minister’s control to inspect books, documents or other things if the Minister determines necessary for the appropriate administration of benefits and the disaster compensation system under this Act:
| 1. | To make necessary reports and notifications; |
| 2. | To present and submit books, documents and other things; |
| 3. | To appear at a specified place, state opinions and explain. |
| Article 52 (Right to Request Documents) |
| (1) | The Minister of National Defense may request a person entitled to receive benefits under this Act to submit necessary documents or things in respect of a change in his or her status, the degree of his or her disability, and the benefits. |
| (2) | The Minister of National Defense may request national agencies, local governments, and other organizations or agencies prescribed by Presidential Decree to submit materials prescribed by Presidential Decree in respect of resident registration, family relationship registration, national tax, local tax, land, buildings, health insurance or registration of the disabled, which are necessary to investigate income, etc. under Article 27 (3) of the Military Pension Act and to perform other functions related to military accident compensation if the Minister determines necessary for the appropriate administration of benefits and the military accident compensation system under this Act. In such cases, upon receiving a request to submit materials, etc., the organizations or agencies shall comply with the request in the absence of special circumstances. |
| (3) | No user fees or charges are imposed in respect of any materials provided under paragraph (2) |
| (4) | For purposes of paragraph (1), if a person entitled to receive benefits fails to comply with a request without good cause, the payment of the benefits to the person may be suspended until he or she complies with the request. |
| Article 53 (Matters to Be Reported) |
Where any of the following reasons or facts exists, it shall be reported to the Minister of National Defense, as prescribed by Presidential Decree:
| 2. | The death of an eligible beneficiary of pension under Articles 34 and 35; |
| 3. | The reason for losing an entitlement to a pension under Article 37; |
| Article 54 (Delegation and Entrustment of Determination and Payment of Benefits) |
| (1) | The Minister of National Defense may delegate his or her authority to determine and pay benefits under Article 8 (1) to the Chief of Staff of each armed force, the commanding officer of a military unit or the head of an agency under the direct command of the Ministry of National Defense, as prescribed by Presidential Decree. |
| (2) | The Minister of National Defense (including persons entrusted with the Minister’s authority under paragraph (1)) may entrust his or her functions related to benefits to the heads of the following organizations, as prescribed by Presidential Decree: |
| 1. | Functions related to the payment and recovery of death compensation: The Ministry of Patriots and Veterans Affairs; |
| 2. | Functions related to the payment of line-of-duty care benefits: The National Health Insurance Service; |
| 3. | Other functions related to the payment of benefits: Postal service agencies, financial companies or similar entities. |
| Article 55 (Legal Fiction as Public Official for Purposes of Penalty Provisions) |
ADDENDA <Act No. 16761, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 9 (2) (limited to computation of the amounts of survivor’s pension for line of duty death), Articles 35 (2) and 36 (2) shall enter into force on the date of its promulgation. Article 2 (Applicability concerning Survivor’s Pension for Line-of-Duty Death)
| (1) | Notwithstanding Article 7 of the Addenda, Article 9 (2) (limited to the minimum basic amount of compensation) and Article 35 (2) shall also apply to a person [including a person receiving a survivor’s pension for line-of-duty death under Article 26 (1) 3 of the previous Military Pension Act (referring to one that was in force before the amendment by Act No. 00; hereinafter the same shall apply)] with respect to whom reasons for benefits of a survivor’s pension for line-of-duty death arose upon the person’s death before the date of enforcement specified in the proviso of Article 1 of the Addenda. |
| (2) | A survivor’s pension for line-of-duty death under paragraph (1) shall apply beginning with the date of payment of the survivor’s pension for line-of-duty death, which arrives after the date of enforcement specified in the proviso of Article 1 of the Addenda. |
Article 3 (Applicability concerning Payment of Disability Pension in Installments)
The split and payment of a disability pension under Article 32 shall apply beginning with divorces occurring after this Act enters into force. In such cases, the length of marriage eligible for the split and payment of a disability pension includes the period during which one has a de fact marital relationship with his or her current or former spouse while such spouse served as a member of the armed forces before this Act enter into force. Article 4 (Applicability concerning Payment of Survivor’s Pension for Line-of-Duty Death, Death Compensation and Death Gratuities)
Article 5 (Applicability concerning Legal Fiction as Public Officials for Purposes of Penalty Provisions)
Article 6 (Special Cases concerning Prescription of Entitlement to Survivor’s Pension for Line-of-Duty Death, Death Compensation and Death Gratuities)
Article 7 (Transitional Measures concerning Occurrence of Reasons for Benefits)
| (1) | Benefits to a person with respect to whom reasons for the benefits arose before this Act enters into force shall be governed by the previous Military Pension Act. |
| (2) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reasons for the benefits arose before January 1, 1983 (or October 1, 1984 for purposes of the amended provisions of Articles 16 (5) and 38 (2) of the Military Pension Act, as partially amended by Act No. 3587), the date of enforcement of that Act, shall be governed by the provisions in force prior to such amendment. |
| (3) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before January 1, 1985, the date of enforcement of the Military Pension Act, as partially amended by Act No. 3759, shall be governed by the provisions in force prior to such amendment. |
| (4) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before December 29, 1988, the date of enforcement of the Military Pension Act, as partially amended by Act No. 4034, shall be governed by the provisions in force prior to such amendment, except the amended provisions of Article 41 of that Act. |
| (5) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before October 1, 1991, the date of enforcement of the Military Pension Act, as partially amended by Act No. 4318, shall be governed by the provisions in force prior to such amendment. |
| (6) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before July 1, 1994 (or the day on which a member of the armed forces became entitled to medical care benefits under the Act on the Medical Insurance for Public Officials and Private School Teachers and Staff as at the time the Military Pension Act, as partially amended by Act No. 4705, entered into force, for purposes of the amended provisions of Articles 30-5 through 30-9 of that Act), the date of enforcement of that Act, shall be governed by the provisions in force prior to such amendment. |
| (7) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before January 1, 1996 (or January 1, 2000 for purposes of the amended provisions of Article 21-5 of the Military Pension Act, as partially amended by Act No. 5063), the date of enforcement of that Act, shall be governed by the provisions in force prior to such amendment. |
| (8) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before January 1, 2001 (or January 1, 2002 for purposes of the amended provisions of Article 30-7 of the Military Pension Act, as partially amended by Act No. 6327), the date of enforcement of that Act, shall be governed by the provisions in force prior to such amendment |
| (9) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before October 4, 2006, the date of enforcement of the Military Pension Act, as partially amended by Act No. 8023, shall be governed by the provisions in force prior to such amendment: Provided, That the amended provisions of Article 21-2 of that Act shall also apply to a person with respect to whom the reason to pay benefits occurred before October 4, 2006, the date of enforcement of that provisions. |
| (10) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before July 1, 2013, the date of enforcement of the Military Pension Act, as partially amended by Act No. 11632, shall be governed by the provisions in force prior to such amendment. |
Article 8 (Transitional Measures concerning Benefits and Their Recipients)
The benefits and their recipients listed in the left column of the following table before this Act enters into force shall be deemed to be the benefits and their recipients listed in the right column of the following table:
| Disability pension under subparagraph 5 of Article 6 of the previous Military Pension Act | Disability pension under subparagraph 2 (a) of Article 7 and Article 26 | | Survivor’s pension under subparagraph 6 of Article 6 and Article 26 (1) 2 of the previous Military Pension Act | Survivor’s disability pension under subparagraph 3 (a) of Article 7 and Article 34 | | Survivor’s pension under subparagraph 6 of Article 6 and Article 26 (1) 3 of the previous Military Pension Act | Survivor’s pension for line-of-duty death under subparagraph 3 (b) of Article 7 and Article 35 | | Survivor’s lump-sum pension under subparagraph 9 of Article 6 and Article 29-3 of the previous Military Pension Act | Survivor’s lump-sum pension for line of duty death under subparagraph 3 (c) of Article 7 and Article 36 | | Death compensation under subparagraph 11 of Article 6 and Article 31 of the previous Military Pension Act | Death compensation under subparagraph 3 (d) of Article 7 and Article 39 (2) | | Disability compensation under subparagraph 12 of Article 6 of the previous Military Pension Act | Disability compensation under subparagraph 2 (b) of Article 7 and Article 33 | | Death gratuities under subparagraph 13 of Article 6 and Article 32-2 (1) of the previous Military Pension Act | Family death gratuities under subparagraph 4 (b) (ii) of Article 7 and Article 41 (1) | | Death gratuities under subparagraph 13 of Article 6 and Article 32-2 (2) the previous Military Pension Act | Service member death gratuities under subparagraph 4 (b) (i) of Article 7 and Article 41 (2) | | Disaster relief money under subparagraph 14 of Article 6 of the previous Military Pension Act | Disaster relief money under subparagraph 4 (a) of Article 7 and Article 40 | | Line-of-duty care benefits under subparagraph 16 of Article 6 of the previous Military Pension Act | Line-of-duty care benefits under subparagraph 1 of Article 7 and Article 20 |
|
Article 9 (General Transitional Measures concerning Dispositions)
Any act committed against the Minister of National Defense, the Military Pension Benefits Council and the Military Pension Benefits Review Committee under the previous Military Pension Act (hereinafter referred to as “Minister of National Defense and the relevant Committee”) or any act committed by the Minister of National Defense and the relevant Committee (including any act committed by or against the former Military Pension Benefits Review Committee before July 1, 1994, the date of enforcement of the Military Pension Act, as partially amended by Act No. 4705) concerning benefits related to line-of-duty accidents as at the time this Act enters into force shall be deemed an act committed by or against the Minister of National Defense, the Council and the Review Committee under this Act. Article 10 (Transitional Measures concerning Scope of Spouse)
Notwithstanding subparagraph 2 of Article 3, the scope of spouses within the meaning of survivors before this Act enters into force shall be governed by the Article 3 (1) 4 (a) of the previous Military Pension Act. In such cases, the amended provisions of Article 3 (1) 4 (a) of the Military Pension Act, as partially amended by Act No. 12788, shall apply beginning with the current or former members of the armed forces who die on or after October 15, 2014, the date of enforcement of that Act. Article 11 (Transitional Measures concerning Scope of Survivors)
A spouse a member of the armed forces married, children (including unborn children as of December 31, 1995) born to or adopted by the member, or parents adopted the member or grandchildren (including unborn grandchildren as of December 31, 1995) adopted by the member before January 1, 1996, the date of enforcement of the Military Pension Act, as partially amended by Act No. 5063, before retirement on or before December 31, 1995 shall be governed by the provisions in force prior to such amendment, notwithstanding the amended provisions of Article 3 (1) 4 of that Act. Article 12 (Transitional Measures concerning Amount of Pension)
Notwithstanding the amended provisions of Article 17-2 of the Military Pension Act, as partially amended by Act No. 11632, and Article 6 (1) of the Addenda of that Act, if the difference between the percentage change in the nationwide consumer price index under the previous Article 17-2 (1) prior to such amendment and the military pay raise rate of the relevant year exceeds three percentage points, benefits payable as a pension shall be adjusted so that the difference between the percentage change in the nationwide consumer price index in each year and the military pay raise rate of the relevant year is maintained below three percentage points for each year from 2014 to 2018. Article 13 (Transitional Measures concerning Recovery of Benefits)
Recovery requirements and procedures, an amount subject to recovery, addition of interest, write-offs, disposition on default, etc. when the reason for recovering benefits occurred before this Act enters into force shall be governed by Article 15 of the previous Military Pension Act, notwithstanding Article 15. Article 14 (Transitional Measures concerning Payment of Survivor’s Disability Pension and Survivor’s pension for Line-of-Duty Death)
| (1) | Notwithstanding Article 18 (4), persons entitled to receive a survivor’s disability pension and a survivor’s pension for line-of-duty death before this Act enters into force shall be governed by Article 19 (4) or 19-3 of the previous Military Pension Act. |
| (2) | For purposes of paragraph (1), the amended provisions of Article 19 (4) or 19-3 of the Military Pension Act, as partially amended by Act No. 11632, shall also apply to the payment of a survivor’s pension, on or after July 1, 2013, the date of enforcement of that Act, to a person receiving a survivor’s pension under the previous Article 26 (1) 3 as of July 1, 2013, the date of enforcement of that Act, if the person was receiving 1/2 of the survivor’s pension under the previous Article 19 (4) or 19-3. |
| (3) | For purposes of paragraph (1), notwithstanding the amended provisions of Article 26 (2) 1 (only applicable to a disability pension) of the Military Pension Act, as partially amended by Act No. 11632, if a member of the armed forces serving before July 1, 2013, the date of enforcement of that Act, or a member of the armed forces retired before July 1, 2013 dies or has gone missing, the amount of a survivor’s disability pension payable to the member’s survivor shall be an amount equal to 70/100 of the disability pension such member would have been entitled to. |
Article 15 (Transitional Measures concerning Payment of Line-of-Duty Care Benefits)
| (2) | For purposes of paragraph (1), the amended provisions of Article 30-5 (2) of the Military Pension Act, as partially amended by Act No. 13630, shall also apply if an application (if the prescription specified in Article 8 (1) of that Act has not been extinguished) for line-of-duty care benefits may be filed under Article 30-7 of that Act if the reason to pay such benefits occurred before March 30, 2016, the date of enforcement of that Act, or if a member of the armed forces was taking medical care at a health care institution due to a line-of-duty illness or injury as of March 30, 2016, the date of enforcement of that Act. |
| (3) | For purposes of paragraph (1), the amended provisions of Articles 30-5 (1) and 30-8 (2) of the Military Pension Act, as partially amended by Act No. 15050, shall also apply if an application (if the prescription specified in Article 8 (1) of that Act has not extinguished) for line-of-duty care benefits may be filed under Article 30-7 (1) of that Act if the reason to pay such benefits occurred before March 1, 2018, the date of enforcement of that Act. |
Article 16 (Transitional Measures concerning Additional Medical Care)
| (2) | For purposes of paragraph (1), the amended provisions of Article 30-10 of the Military Pension Act, as partially amended by Act No. 13630, shall also apply to a member of the armed force paid line-of-duty care benefits under the provisions in force before such amendment. In such cases, line-of-duty care benefits shall be paid beginning with additional medical care applied for on or after March 30, 2016, the date of enforcement of that Act. |
Article 17 (Transitional Measures concerning Payment of Disability Pension)
| (2) | For purposes of paragraph (1), the amended provisions of Article 23 (1) of the Military Pension Act, as partially amended by Act No. 10649, shall also apply to a person who became disabled before May 19, 2011, the date of enforcement of that Act, after his or her retirement. In such cases, a disability pension under the amended provisions of Article 23 (1) of that Act shall be paid beginning with benefits accruing on or after May 19, 2011, the date of enforcement of that Act, notwithstanding Article 17 of that Act. |
| (3) | For purposes of paragraph (2), an entitlement to a disability pension under the amended provisions of Article 2 of the Addenda to the Military Pension Act, as partially amended by Act No. 10649, is extinguished upon completion of prescription unless it is exercised within five years from November 28, 2017, the date of enforcement of that Act, under Article 3 of the Addenda to the Military Pension Act, as partially amended by Act No. 15050, notwithstanding Article 8 of that Act. |
Article 18 (Transitional Measures concerning Payment of Disability Compensation)
| (2) | For purposes of paragraph (1), payment of disability compensation under the amended provision of Article 32 of the Military Pension Act, as partially amended by Act No. 11632, shall apply beginning with the members of the armed force who retire on or after July 1, 2013, the date of enforcement of that Act. |
Article 19 (Transitional Measures concerning Payment of Benefits and Interest upon Cessation of Reason for Restricting Benefits)
| (1) | Payment of benefits and interest upon cessation of the reason for restricting benefits before this Act enters into force shall be governed by Article 33 (2) of the previous Military Pension Act, notwithstanding Article 42. |
| (2) | For purposes of paragraph (1), the amended provisions of Article 33 (2) of the Military Pension Act, as partially amended by Act No. 15050, shall also apply to a person with respect to whom the reason for restricting benefits ceased retroactively before November 28, 2017, the date of enforcement of that Act. In such cases, notwithstanding Article 8 of that Act, no application for an amount under the amended provisions of Article 33 (2) of that Act may be made upon the expiration of five years from November 28, 2017, the date of enforcement of that Act. |
Article 20 (Transitional Measures concerning Restrictions on Benefits Due to Criminal Punishment)
Article 21 Omitted.
Article 22 (Relationship to Other Statutes or Regulations)
A citation of any provision of the previous Military Pension Act in other statutes or regulations as at the time this Act enters into force shall be deemed to be a citation of the corresponding provision of this Act, in lieu of the previous provision, if such corresponding provision exists herein.
ADDENDA <Act No. 18804, Feb. 3, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Eligibility for Survivor’s Disability Pensions and Survivor’s Pensions for Line-of-Duty Death)
The amended provisions of Article 37 (1) shall also apply to persons who were receiving a survivor's disability pension and a survivor's pension for line-of-duty death as at the time this Act enters into force. Article 3 (Special Cases concerning Dates from Which Statute of Limitation Starts to Run for Entitlement to Disability Pensions)
Notwithstanding Article 49 (1), the entitlement to benefits under the amended provisions of Article 27-2 shall be calculated starting from the enforcement date of this Act.