ENFORCEMENT DECREE OF THE MILITARY PENSION ACT
Wholly Amended by Presidential Decree No. 30759, jun. 9, 2020
Amended by Presidential Decree No. 31337, Dec. 29, 2020
Presidential Decree No. 31799, jun. 22, 2021
Presidential Decree No. 32928, Oct. 4, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Military Pension Act and those necessary for enforcing said Act.
| Article 2 (Scope of Taxable Income Included in Amount of Standard Monthly Income) |
| (1) | The scope of taxable income under Article 3 (1) 1 of the Military Pension Act (hereinafter referred to as the "Act") shall be the previous year’s income paid for military service for a certain period pursuant to the statutes or regulations related to remuneration for the members of armed forces (hereinafter referred to as "statutes or regulations related to remuneration for the members of armed forces"), excluding non-taxable income for the previous year under subparagraph 3 of Article 12 of the Income Tax Act: Provided, That where it is deemed inappropriate to include the amount in the income that provides the standards for calculation of contributions and benefits due to a change in the type of salary or allowance, a change in the determination of taxation, etc., the Minister of National Defense may otherwise determine the scope of such amount. |
| (2) | Notwithstanding paragraph (1), the following income among the taxable income shall be an amount calculated (an amount below 1,000 won shall be rounded off) by dividing the total amount paid for each rank to which the relevant member of the armed forces belongs (referring to the amount paid to persons who had worked continuously from January 1 to December 31 of the previous year), by the total number of the rank to which the relevant member belongs at the end of the year (referring to the persons who had worked continuously from January 1 to December 31 of the previous year): Provided, That in cases of staff sergeants, such amount shall be calculated by classifying those in service who are selected as noncommissioned officers in a fixed term position pursuant to Article 20-2 of the Military Service Act and other staff sergeants: <Amended on Jun. 22, 2021> |
| 1. | A performance-based bonus under the statutes or regulations related to remuneration for the members of armed forces; |
| 2. | An overtime work allowance under the statutes or regulations related to remuneration for the members of armed forces; |
| 3. | Compensation for unused annual leave under the statutes or regulations related to remuneration for the members of armed forces; |
| 4. | Other income under the statutes or regulations related to remuneration for the members of armed forces, excluding the following income: |
| (a) | Salaries paid under the statutes or regulations related to remuneration for the members of armed forces; |
| (b) | Good attendance allowances (including additional allowances and additional bonuses thereto), management duty allowances, and major holiday bonuses paid under the statutes or regulations related to remuneration for the members of armed forces. |
| Article 3 (Methods for Determining Amount of Standard Monthly Income) |
| (1) | An amount of standard monthly income shall be the amount classified as follows: |
| 1. | In cases of having served continuously from January 1 to December 31 of the previous year: The amount calculated by multiplying the amount obtained by dividing taxable income under Article 2 by 12 months, by the rate of increase in remuneration for the members of armed forces under paragraph (4); |
| 2. | In cases of not having served continuously from January 1 to December 31 of the previous year: The amount calculated pursuant to Article 4 or 5. |
| (2) | Notwithstanding paragraph (1), where a reason for providing benefits arises from January to April of the relevant year before the determination and application of the amount of standard monthly income for the relevant year based on the income accruing in the previous year, the total of the following amounts shall be the amount of standard monthly income for calculating benefits: |
| 1. | The amount calculated pursuant to paragraph (1) 1 - [(the sum of performance-based bonuses, overtime work allowances, and compensation for unused annual leave among the amounts under Article 2 (2) ÷ 12) × (1 + the rate of increase in remuneration for the members of armed forces under paragraph (4))]; |
| 2. | (The sum of performance-based bonuses, overtime work allowances, and compensation for unused annual leave, among the amounts under Article 2 (2) that form the basis for the amount of standard monthly income of the previous year ÷ 12) × (1 + the rate of elevation of a salary grade by rank of the members of armed forces in the previous year). |
| (3) | Notwithstanding paragraphs (1) and (2), where a reason for providing benefits (excluding a veteran’s pension and a veteran’s pension for survivors among benefits under Article 7 of the Act) arises in the relevant year after the increase of the amount of monthly salary due to promotion, change of a position, etc., the amount obtained by adding the amount referred to in subparagraph 2 to the amount referred to in subparagraph 1 shall be the amount of standard monthly income for calculating the benefits: Provided, That in cases of retirement allowances under Article 37 of the Act (hereinafter referred to as “retirement allowances”), the amount obtained by adding the amount referred to in subparagraph 3 to the amount referred to in subparagraph 1 shall be the amount of standard monthly income: |
| 1. | The amount of standard monthly income for the month in which the date a reason for providing benefits arises falls; |
| 2. | (The increased portion of the monthly payment amount of salary due to promotion, change of a position, etc.) × [(the number of months in which the monthly payment amount of salary has increased) ÷ 12]; |
| 3. | The increased portion of the monthly payment amount of salary due to promotion, change of a position, etc. |
| (4) | The Minister of National Defense shall give public notice of the rate of increase in remuneration for the members of armed forces in the Official Gazette by January 31 of each year. |
| Article 4 (Amount of Standard Monthly Income of Newly Appointed Persons) |
| (1) | The amount of standard monthly income of a newly appointed person shall be the amount calculated by multiplying the average amount of standard monthly income of members of the armed forces who are in the same rank or salary grade as at the time of appointment by the rate of increase in remuneration for the members of armed forces under Article 3 (4) (hereinafter referred to as "rate of increase in remuneration for the members of armed forces") on May 1 of each year. |
| (2) | Notwithstanding paragraph (1), where it is impracticable to calculate the amount of standard monthly income of a newly employed person pursuant to that paragraph, such amount shall be the amount calculated by multiplying the amount calculated by dividing the amount to be received annually if he or she has performed military service continuously from January 1 to December 31 of the relevant year by 12 months, by the rate of increase in remuneration for the members of armed forces on May 1 of each year. In such cases, where the amount of standard monthly income that applies to a person newly appointed between January 1 and April 30 of each year from May of the relevant year to April of the following year is calculated, the rate of increase in remuneration for the members of armed forces shall not be multiplied on May 1 of the relevant year. |
| Article 5 (Determination of Amount of Standard Monthly Income during Period of Leave of Absence) |
The amount of standard monthly income for a period of leave of absence shall be the amount calculated by multiplying the amount of standard monthly income on the day before the date of leave of absence by the rate of increase in remuneration for the members of armed forces on May 1 of each year.
| Article 6 (Period of Application of Amount of Standard Monthly Income) |
| (1) | The period of application of the amount of standard monthly income under Article 3 (1) and the average amount of standard monthly income of all public officials under the latter part of subparagraph 1 of Article 9 (hereinafter referred to as “average amount of standard monthly income of all public officials”) shall be from May of the relevant year to April of the following year: Provided, That the amount of standard monthly income under Article 3 (1) 2 shall be applied from the time the amount of standard monthly income is determined and applied pursuant to Articles 4 and 5 until the amount of standard monthly income is determined and applied pursuant to Article 3 (1) 1. |
| (2) | Notwithstanding paragraph (1), the amount of standard monthly income under Article 3 (1) and (2) for the year in which a reason for providing benefits has arisen shall be applied from January of the relevant year until the month in which the date the reason for providing benefits has arisen falls. |
| Article 7 (Conversion of Amount of Average Standard Monthly Income into Current Value) |
The conversion of the amount of standard monthly income for each year into the current value during the period of service under Article 3 (1) 2 of the Act shall be conducted by the method of converting it into the current value as at the time a reason for providing benefits has arisen, by multiplying the amount of standard monthly income for each year by the rate of increase in remuneration for the members of armed forces for each period of application in consecutive order.
| Article 8 (Criteria for Recognizing Survivors) |
| (1) | The criteria for recognizing a person who was supported by a current or former member of the armed forces as at the time of his or her death under Article 3 (1) 4 of the Act shall be as specified in the attached Table. |
| (2) | The following facts regarding survivors shall be substantiated by medical certificates issued by the head of a medical care institution under Article 42 of the National Health Insurance Act (hereinafter referred to as "medical care institution") or the head of a military hospital: |
| Article 9 (Return of Contributions) |
| (2) | A person who intends to obtain the return of a contribution under Article 4 of the Act shall submit a written request for the return of contributions to the Chief of Staff of the armed force to which he or she belonged, as prescribed by Ordinance of the Ministry of National Defense, and the Chief of Staff shall investigate and verify the request and submit it to the Minister of National Defense. |
| (3) | Where a person who intends to obtain the return of a contribution is a survivor, the person shall submit a written request for the return of contributions under paragraph (2), along with the following documents: |
| 1. | A document verifying that he or she falls under Article 8 (1) and the attached Table; |
CHAPTER II PERIOD OF SERVICE
| Article 10 (Scope of Recognition of Period of Engaging in Combats) |
| (1) | A period of engaging in a combat under Article 5 (3) of the Act shall be the period of engaging in any of the following acts: |
| 1. | Combats with the enemy by an operational order; |
| 2. | Support for the purposes referred to in subparagraph 1. |
| (2) | The details of acts and periods under paragraph (1) shall be determined by the Minister of National Defense. |
| Article 11 (Recognition of Period of Military Service before Appointment and Procedures for Inclusion Thereof) |
| (1) | "Period of service prescribed by Presidential Decree" in the former part of Article 5 (4) of the Act means the following periods: |
| 1. | A period of service during which a person has been in service at a call-up for defense or full-time reserve service; |
| (2) | A person who intends to include the period of service before his or her appointment pursuant to Article 5 (4) of the Act shall submit an application for inclusion of the period of service to the head of the military unit to which he or she belongs, as prescribed by Ordinance of the Ministry of National Defense, and the head of the relevant military unit shall verify and submit it to the Minister of National Defense within seven days. |
| (3) | Upon receipt of an application for inclusion of the period of service under paragraph (2), the Minister of National Defense shall notify the applicant and the head of the military unit to which he or she belongs of whether to include such period in the period of military service. |
| Article 12 (Counting Point for Calculation of Period of Service) |
The period preceding the year in which the Government of the Republic of Korea was established under Article 5 (7) of the Act shall be the period before August 14, 1948.
| Article 13 (Procedures for Aggregation of Period of Service) |
| (1) | A person who intends to aggregate the periods of service under Articles 5 (5) and 6 of the Act shall submit an application for aggregation of the periods of service that states the periods of service to be aggregated by the date immediately before the date of retirement, the amount of retirement benefits to be returned and interest thereon (hereinafter referred to as "amount to be returned"), the method of returning, etc., to the head of a military unit to which he or she belongs, as prescribed by Ordinance of the Ministry of National Defense, and the head of the military unit shall verify and submit it to the Minister of National Defense. |
| (2) | Upon receipt of an application for aggregation of the periods of service referred to in paragraph (1), the Minister of National Defense shall decide whether to recognize the aggregation of the service periods after investigating the periods of service to be aggregated, the amount to be returned, and other necessary matters and shall send a written decision to the applicant and the head of the relevant military unit. |
| Article 14 (Methods of Paying Amount to Be Returned) |
| (1) | A person obtaining the recognition of aggregation of the periods of service pursuant to Article 13 (2) shall pay an amount to be returned according to the following classifications: |
| 1. | In cases of a lump-sum return: The person shall pay it to a receiving agency of national funds (hereinafter referred to as "receiving agency of national funds") under the main clause, with the exception of the subparagraphs, of Article 23 (4), by the end of the month following the month in which the date of recognition of aggregation falls; |
| 2. | In cases of a return in installments: The following persons shall pay it according to the following classifications, from the month following the month in which the date of recognition of aggregation falls: |
| (a) | A person liable to collect contributions under Article 44 (1): Collecting contributions from monthly remuneration and paying them to a receiving agency of national funds; |
| (b) | A person obtaining the recognition of aggregation shall make a payment to the receiving agency of national funds by the end of each month. |
| (2) | The payment of an amount to be returned in installments shall be made on a monthly basis, and the number of installments shall be determined by a person who obtains the recognition of aggregation of the periods of service, within the scope of number classified as follows: |
| 1. | A person whose aggregate period of service is less than five years: 24 installment payments; |
| 2. | A person whose aggregate period of service is at least five years but less than 10 years: 48 installment payments; |
| 3. | A person whose aggregate period of service is at least 10 years: 60 installment payments. |
| (3) | Where a person whose periods of service are aggregated retires or deceases and if there is any unpaid amount to be returned, benefits may be paid after the deduction of such amount to be returned. |
| Article 15 (Calculation of Amount to Be Returned) |
| (1) | In calculating an amount to be returned, the period of interest to be collected in addition to the amount of benefits to be returned shall be calculated based on the number of months counting from the month following the month in which the benefits were paid to the month in which the date of receipt of an application for aggregation of the periods of service falls, and such interest shall be included in the amount of benefits on a yearly basis and the amount of interest thereafter shall be calculated based on such amount: Provided, That where the payment is made in installments pursuant to Article 6 (3) of the Act, the calculation period of interest to be added again shall be from the month following the month in which the aggregation of periods of service is recognized to the month in which the installment payment ends, and the amount to be paid per installment shall be the amount obtained by equally dividing the principal and interest by the number of installments. |
| (2) | "Interest prescribed by Presidential Decree" in the main clause of Article 6 (2) of the Act means the interest calculated by applying the highest interest rate among the interest rates of time deposits as of January 1, which are applied for each relevant year by banks with nationwide business territory (hereinafter referred to as “nationwide banks") among banks established under the Banking Act, during the calculation period of interest. |
| (3) | "Interest prescribed by Presidential Decree" in the latter part of Article 6 (3) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of the year in which the aggregation of the periods of service was recognized, but where the difference between the interest rate applied during the installment payment and the interest rate applied in the year in which the aggregation of the periods of service was recognized is at least two percent point, it means the interest recalculated by applying the increased or decreased interest rate. The same shall also apply where the interest rate increases or decreases again by at least two percent point, compared to the interest rates changed during the installment payment. |
| (4) | The calculation period of overdue interest in cases of not paying an amount to be returned by the payment deadline prescribed in Article 14 (1) shall be the period of delinquency (calculated on a daily basis), and the interest rate applicable in such cases shall be twice the highest interest rate among the interest rates of time deposits with a maturity of one year which are applied by nationwide banks as of January 1 of each relevant year during the calculation period of the overdue interest. |
SECTION 1 General Provisions
| Article 16 (Confirmation of Reasons for Providing Benefits and Determination of Benefits) |
| (1) | Where the Chief of Staff of the Army, Navy, or Air Force receives a written claim for the relevant benefits from a person entitled to benefits pursuant to Articles 28, 35, and 39, he or she shall investigate and verify the occurrence of a reason for providing benefits, the period of service, and other matters regarding the status of a current or former member of the armed forces and shall submit it to the Minister of National Defense. |
| (2) | Upon receipt of a claim for benefits, the Minister of National Defense shall determine the amount of benefits and notify the claimant of benefits thereof within 30 days from the date of receipt of such claim. |
| Article 17 (Methods of Paying Benefits) |
| (1) | Benefits under Article 7 of the Act shall be paid through a savings account of a financial company, etc. (referring to a financial company, etc. referred to in Article 18 (1) 1 of the Act; hereinafter the same shall apply) having a branch in the Republic of Korea or a post office, etc., which is an institution designated by a person entitled to benefits: Provided, That if deemed necessary to protect the entitlement to benefits pursuant to Article 18 of the Act, the Minister of National Defense may otherwise determine the method of payment. |
| (2) | In cases falling under the main clause of paragraph (1), benefits deposited at a savings account of a person entitled to benefits shall be deemed received by the person. |
| Article 18 (Method of Paying Benefits to Representative of Survivors) |
| (1) | Where at least two persons among survivors are in the same order to receive survivors' benefits and delegate the receipt of the benefits payable to all of them to a representative selected among the survivors in the same order or their legal representatives, the Minister of National Defense may fully pay the amount to the representative in lieu of paying the benefits to each of them in an equal division pursuant to Article 11 of the Act. |
| (2) | The receipt of benefits under paragraph (1) shall be delegated by means of submitting to the Minister of National Defense a document evidencing the selection of a representative of survivors, as prescribed by Ordinance of the Ministry of National Defense, along with the documents classified as follows: |
| 1. | Where a delegating person is an adult: A copy of an identification card issued by a public institution, which makes it possible to verify the identity of the delegating person, such as his or her resident registration card; |
| 2. | Where a delegating person is a minor: A copy of an identification card issued by a public institution, which makes it possible to verify the identity of the legal representative, such as his or her resident registration card. |
| Article 19 (Special Cases concerning Beneficiaries of Benefits) |
| 1. | Benefits which are a pension among the benefits under Article 7 of the Act: An amount obtained by multiplying three years’ worth of the amount of the original pension at the time of death by the rate calculated according to the following formula: |
| 2. | A lump-sum veteran's pension for survivors or a lump-sum payment on retirement to survivors among the benefits under Article 7 of the Act: 1/2 of the amount of the original benefits; |
| 3. | Benefits, other than those prescribed in subparagraphs 1 and 2, among the benefits under Article 7 of the Act: The full amount of the original benefits. |
| (2) | A lineal descendant or lineal ascendant who is not a survivor of a current or former member of the armed forces who intends to receive benefits pursuant to Article 12 of the Act shall submit a written claim for special case benefits (including a written claim in an electronic form) to the Chief of Staff of the armed force to which the current or former member of the armed forces belonged, along with a family relation certificate proving that the person is his or her lineal descendant or lineal ascendant, as prescribed by Ordinance of the Ministry of National Defense, and the Chief of Staff shall investigate and verify such claim and submit it to the Minister of National Defense. |
| (3) | Article 18 shall apply mutatis mutandis to the methods of paying benefits where there exist at least two lineal descendants or lineal ascendants who are not a survivor under paragraph (2). |
| (4) | Where there is no lineal descendant or lineal ascendant who is not a survivor of a current or former member of the armed forces to receive benefits under Article 12 of the Act, the Minister of National Defense shall pay the benefits to a relative of the current or former member of the armed forces or the Chief of Staff of the armed force to which he or she belonged to use them to prepare a tomb, utensil for commemorative rites, monument, etc. |
| Article 20 (Payment Period of Pensions) |
| (1) | Benefits which are a pension shall be paid on the 25th day of each month pursuant to Article 13 (3) of the Act and shall be paid on the day preceding a Saturday or a public holiday. |
| (2) | Notwithstanding paragraph (1), where the entitlement to benefits lapses or a ground for the suspension of payment arises, the amount of benefits until the relevant month may be paid in a lump sum before the payment date. |
| Article 21 (Issuance of Pension Certificate) |
| (1) | The Minister of National Defense shall issue a certificate of pension to a person who receives benefits which are a pension (hereinafter referred to as "beneficiary of a pension"). |
| (2) | Where a beneficiary of a pension issued with a certificate of pension pursuant to paragraph (1) loses the certificate of pension or it is worn out, he or she may apply for the re-issuance of a certificate of pension. |
| Article 22 (Claim for Settlement of Pensions in Cases of Emigration or Loss of Nationality) |
Where a person entitled to benefits which are a pension (hereinafter referred to as "eligible beneficiary of a pension") who emigrates to a foreign country or loses his or her Korean nationality intends to settle and receive a lump-sum payment of benefits pursuant to Article 15 of the Act, he or she shall submit a written claim for settlement of the pension to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. In such cases, the Minister of National Defense shall, without delay, investigate and verify the facts related to departure, emigration, or loss of nationality in a manner, etc. prescribed in Article 54 of the Act.
| Article 23 (Recovery of Benefits) |
| (1) | "Interest and recovery expenses prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 16 (1) of the Act means the interest and recovery expenses classified as follows: |
| 1. | Interest: The amount shall be calculated from the day following the date of receipt of the benefits to the date the amount of benefits and interest to be recovered are determined and notified by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; and such interest shall be included in the amount of benefits on a yearly basis and the amount of interest thereafter shall be calculated based on such amount: Provided, That the period for calculating overdue interest in cases of not paying the amount to be recovered by the payment deadline pursuant to Article 16 (2) of the Act shall be from the day following the payment deadline to the date of payment, and it shall be the amount calculated by applying the interest rate twice the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; |
| 2. | Recovery expenses: Travel expenses incurred in investigating the recovery of benefits and other expenses incurred in recovery, which are calculated by the Minister of National Defense. |
| (2) | Where a person who has received benefits or the head of an agency entrusted with the payment of benefits pursuant to Article 58 (2) becomes aware of the facts falling under any subparagraph of Article 16 (1) of the Act, he or she shall report or notify such fact to the Minister of National Defense without delay. |
| (3) | Where the Minister of National Defense becomes aware of any ground for the recovery of benefits by the report or notification under paragraph (2) or by other means, he or she shall conduct an investigation without delay and send a written notice of return of the amount to be recovered (hereinafter referred to as "written notice of return") to the person who has received benefits. |
| (4) | A person who has received a written notice of return under paragraph (3) shall pay the amount to be recovered to the receiving agency of national funds designated by the Minister of National Defense within 30 days from the date of receipt of the written notice of return, and the receiving agency of national funds upon receipt of the amount shall send a notice of confirmation of receipt to the Minister of National Defense without delay: Provided, That where a person who has received a written notice of return falls under Article 16 (1) 3 or 4 of the Act, he or she may submit an application for installment payment of the amount to be recovered to the Minister of National Defense by the payment deadline to obtain approval thereof, as prescribed by Ordinance of the Ministry of National Defense, and make an installment payment every month, from the month following the month in which the date of such approval falls, within the scope of number classified as follows: |
| 1. | Where the amount to be returned is less than 10 million won: 20 installments; |
| 2. | Where the amount to be returned is at least 10 million won but less than 20 million won: 40 installments; |
| 3. | Where the amount to be returned is at least 20 million won: 60 installments. |
| (5) | The interest to be added where installment payments are made pursuant to the proviso, with the exception of the subparagraphs, of paragraph (4) shall be calculated by applying the interest rate under paragraph (1) 1 to the amount to be recovered that should be paid during the period of installment payment, and the amount to be paid in each installment shall be calculated by equally dividing the principal and interest by the number of installments: Provided, That the relevant interest shall be exempted in cases falling under Article 16 (1) 4 of the Act, where benefits have been erroneously paid from the beginning due to a mistake of or omission by the Minister of National Defense. |
| (6) | Where a person who obtains approval of installment payment of the amount to be recovered pursuant to the proviso, with the exception of the subparagraphs, of paragraph (4) fails to make installment payments for at least three months, the Minister of National Defense may cancel the approval of installment payment and recover the amount to be recovered and overdue interest in lump sum. |
| (7) | In any of the following cases, the Minister of National Defense shall collect the amount in the same manner as delinquent national taxes are collected, pursuant to Article 16 (3) of the Act: |
| 1. | Where an amount that should be returned by the payment deadline under the proviso, with the exception of the subparagraphs, of paragraph (4) (referring to the deadline for the final installment payment, in cases of installment payments under the proviso, with the exception of the subparagraphs, of that paragraph) is not fully paid; |
| 2. | Where the amount to be recovered and overdue interest are recovered in a lump sum pursuant to paragraph (6). |
| (1) | The Minister of National Defense (including persons delegated with the authority of the Minister of National Defense pursuant to Article 58 (1)) may write off benefits pursuant to Article 16 (4) 3 of the Act, in any of the following cases: |
| 1. | Where the whereabouts of the defaulter are unknown for a long period or it turns out that the defaulter has no property; |
| 2. | Other cases where it is deemed impossible to recover benefits due to any unavoidable reason. |
| (2) | Where a person delegated with the authority of the Minister of National Defense pursuant to Article 58 (1) writes off benefits under paragraph (1) 2, he or she shall report the results thereof to the Minister of National Defense. |
| Article 25 (Adjustment between Veteran's Pension and Disability Pension) |
A person who has selected a disability pension under Article 26 of the Military Accident Compensation and has lost the entitlement to the disability pension the disability pension pursuant to Article 28 (2) of that Act shall be paid a veteran's pension under Article 21 of the Act (hereinafter referred to as "veteran's pension") from the month following the month in which the date he or she lost the entitlement falls, pursuant to Article 20 (3) of the Act.
| Article 26 (Investigation of Personal Affairs of Beneficiaries of Pensions) |
| (1) | In order to ascertain a change, extinguishment, etc. of the entitlement to a pension under Article 54 (1) of the Act, the Minister of National Defense may investigate the beneficiary of a pension, his or her family, etc. as to whether the beneficiary deceased, divorced, or makes a living or may request them to submit data related thereto. |
| (2) | Where the beneficiary of a pension resides in a foreign country or boards a ship for overseas service, he or she may appoint a person having a domicile in the Republic of Korea as his or her representative, and where the beneficiary appoints his or her representative, he or she shall submit a letter of appointment of representative to the Minister of National Defense, as prescribed by Ordinance of National Defense. |
| (3) | The beneficiary of a pension who resides in a foreign country after having acquired the citizenship or permanent residency of the foreign country or resides in a foreign country for at least one year shall submit a report on the personal affairs of a foreign resident stating changes in the status, family relationship, etc. as of October 31 of each year, to the Minister of National Defense by December 31 of the relevant year, as prescribed by Ordinance of the Ministry of National Defense. In such cases, he or she shall obtain confirmation of the relevant report on personal affairs from the head of an overseas diplomatic mission or submit it along with a notarized document verifying the details of the relevant report or a written confirmation of residence issued by a public institution of the relevant resident country. |
| (4) | The Minister of National Defense (including persons delegated with the authority of the Minister of National Defense pursuant to Article 58 (1)) shall request once a year the investigation of personal affairs of the beneficiary of a pension from the head of the relevant administrative agency to investigate the matters, etc. regarding the status of the beneficiary of a pension pursuant to Article 54 of the Act. |
| (5) | Upon receipt of a request for the investigation of personal affairs under paragraph (4), the head of the relevant administrative agency shall, without delay, conduct such investigation and notify the Minister of National Defense thereof. |
| Article 27 (Application to Modify Type of Veteran’s Pensions) |
| (1) | Where a person who has applied for any of the following benefits intends to modify the type of the benefit, he or she shall file an application for modification of the type of benefits, such as a veteran’s pension, with the Minister of National Defense within 30 days before the payment of benefits begins or from the payment date of the benefits (referring to the first payment date, in cases of benefits which are a pension), as prescribed by Ordinance of the Ministry of National Defense: |
| 2. | A lump-sum veteran's pension under Article 21 of the Act (hereinafter referred to as “lump-sum veteran's pension”); |
| 3. | A lump-sum veteran's pension after deduction under Article 21 of the Act (hereinafter referred to as “lump-sum veteran's pension after deduction”); |
| 4. | A veteran's pension for survivors under Article 30 of the Act (hereinafter referred to as “lump-sum veteran's pension for survivors”); |
| 5. | A lump-sum veteran's pension for survivors under Article 34 of the Act (hereinafter referred to as “lump-sum survivors' pension”). |
| (2) | Where a person applies for modification of the type of benefits pursuant to paragraph (1), the benefits already received shall be returned together with the interest (which shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year) calculated by the number of days from the day following the date of receipt of the benefits to the date of return. |
| (3) | Where a person applies for modification of the type of a veteran’s pension, lump-sum veteran's pension, or lump-sum veteran's pension after deduction pursuant to paragraph (1), a person who claims a split pension pursuant to Article 22 of the Act, a person who claims a split pension in advance pursuant to Article 25 of the Act, or a person who makes a claim to split a lump-sum veteran's pension, etc. pursuant to Article 26 of the Act shall be also deemed to have applied for modification of the type of a veteran’s pension, lump-sum veteran's pension, or lump-sum veteran's pension in the same manner. |
SECTION 2 Retirement Benefits
| Article 28 (Claim for Retirement Benefits) |
A person who intends to receive a veteran’s pension, a lump-sum veteran’s pension, a lump-sum veteran’s pension after deduction, or a lump-sum payment on retirement under Article 28 of the Act (hereinafter referred to as "lump-sum payment on retirement") shall submit a written claim for the relevant benefit to the Chief of Staff of the armed force to which he or she belonged, as prescribed by Ordinance of the Ministry of National Defense.
| Article 29 (Marriage Period Excluded from Calculation of Split Pension) |
| (1) | In calculating a marriage period under Article 22 (1) of the Act, any of the following periods shall be excluded from the marriage period: |
| (2) | Notwithstanding paragraph (1), any of the following periods shall be excluded from the marriage period: |
| 1. | The period for which the parties to divorce agree that a de facto marital relationship did not exist; |
| 2. | The period for which it is recognized by a court trial, etc. that a de facto marital relationship did not exist. |
| (3) | Where the period under paragraph (1) or (2) exists, an eligible beneficiary of a veteran’s pension, lump-sum veteran’s pension, or lump-sum veteran’s pension after deduction, an eligible beneficiary of a split pension under Article 22 (1) of the Act, or a person who makes a claim to split a lump-sum veteran’s pension, lump-sum veteran’s pension after deduction, or lump-sum payment on retirement under Article 26 (1) of the Act (hereinafter referred to as "lump-sum veteran's pension, etc.") shall report the details thereof to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
| (4) | The detailed matters concerning the procedures and methods for reporting under paragraph (3) shall be prescribed by Ordinance of the Ministry of National Defense. |
| Article 30 (Procedures for Claiming Split Pensions) |
| (1) | A person who intends to make a claim (including a claim to split a lump sum veteran’s pension, etc.) for a split pension under Article 22 (1) of the Act (hereinafter referred to as "split pension") pursuant to paragraph (3) of that Article or to claim a split pension in advance (hereinafter referred to as "prior claim for a split pension") pursuant to Article 25 (1) of the Act shall submit a written claim for a split pension (referring to a written claim for the split of a lump-sum veteran’s pension, etc., in cases of claiming the split of a lump-sum veteran’s pension, etc. pursuant to Article 26 of the Act; hereinafter the same shall apply) to the Minister of National Defense, along with the following documents, as prescribed by Ordinance of the Ministry of National Defense: Provided, That a person who has a de facto marital relationship shall submit a document proving such fact to the Minister of National Defense, along with a written claim for a split pension: |
| 1. | One copy of a family relation certificate; |
| 2. | One copy of a marriage relation certificate; |
| 3. | Each of a certified copy of household resister and a certified copy of individual register. |
| (2) | A split pension shall be paid from the month following the month in which the date any reason for paying the split pension arises falls to the month in which the date the reason for payment thereof ceases to exist falls. |
| (3) | A person who intends to cancel a prior claim for a split pension pursuant to Article 25 (3) of the Act shall submit an application for cancellation of the prior claim for a split pension to the Minister of National Defense, along with a copy of his or her identification card, such as a resident registration certificate, as prescribed by Ordinance of the Ministry of National Defense. |
| Article 31 (Suspension of Payment of Veteran’s Pensions) |
| (1) | Where a beneficiary of a veteran’s pension is appointed or retires as a member of the armed forces, a public official, or a teacher or staff of a private school to which the Act, the Public Officials Pension Act, or the Pension for Private School Teachers and Staff Act applies, he or she shall submit a report on reappointment or re-retirement to the Minister of National Defense after obtaining confirmation from the Chief of Staff of the armed force or the head of the relevant agency to which he or she belongs within 30 days. |
| (3) | The amount of monthly income under the former part of Article 27 (3) of the Act (hereinafter referred to as "amount of monthly income") means an amount calculated by dividing the amount of income accrued for a year from January 1 to December 31 by the number of months during which the beneficiary has engaged in the affairs accruing income. |
| (4) | Where the amount of monthly income for the relevant year exceeds the amount of average monthly wage for the previous year, the payment of a veteran’s pension shall be partially suspended pursuant to Article 27 (3) of the Act, but the amount of payment to be first suspended shall be calculated by applying the amount of average monthly wage for the year preceding the previous year, prior to the publication of the amount of average monthly wage for the previous year, and shall be adjusted by applying the amount of average monthly wage for the previous year after a final return on tax base is filed pursuant to paragraph (6). |
| (5) | The Minister of National Defense shall suspend the payment of a veteran's pension for the relevant year based on data provided by a State agency, etc. pursuant to Article 54 (2) of the Act: Provided, That where it is impossible to identify the amount of income of a beneficiary of a veteran’s pension with the data provided by the State agency, etc., he or she shall suspend the payment of the veteran’s pension based on the amount of income accrued for the previous year or the year preceding the previous year. |
| (6) | Where the payment of a veteran’s pension is suspended pursuant to the proviso of paragraph (5), the Minister of National Defense shall determine the amount of pension to be suspended for the relevant year after the final return on tax base is filed pursuant to Article 70 of the Income Tax Act and shall add thereto or deduct therefrom the difference incurred from settling the balance when paying a veteran’s pension for the following month and thereafter, but where the beneficiary of a veteran’s pension requests the adjustment of the amount of pension to be suspended by submitting an application for adjustment of the amount of pension to be suspended, along with objective data proving the income accrued for the relevant year, he or she may adjust the amount of pension to be suspended before the final return on the tax base is filed. |
| (7) | Where it turns out that a beneficiary of a veteran’s pension has no income other than a veteran’s pension in the month when the difference incurred from settling the balance under paragraph (6) is deducted from the veteran's pension, the amount of difference may be split and deducted within the scope of 20 to 50 percent of the amount of monthly veteran’s pension. |
| Article 32 (Special Cases concerning Calculation of Retirement Benefits) |
| (1) | Where a person, who has been appointed as a member of the armed forces and retires after including the period of service before appointment in the period of service pursuant to Article 5 (4) of the Act, intends to receive a lump-sum veteran’s pension or a lump-sum payment on retirement and if the amount of the benefits is less than the aggregate of the following amounts, the aggregate of the following amounts shall be paid: |
| 2. | A lump-sum veteran’s pension or a lump-sum payment on retirement applicable for the period of service after appointment. |
| (2) | Where a retired member of the armed forces, public official, or teacher or staff member of a private school, who has been appointed as a member of the armed force and retires after aggregating the periods of service pursuant to Articles 5 (5) and 6 of the Act, intends to receive a lump-sum retirement pension or a lump-sum payment on retirement and if the amount of the benefits is less than the aggregate of the following amounts, the aggregate of the following amounts shall be paid: |
| 1. | The amount to be returned and interest thereon (referring to the interest calculated at compound interest per annum by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year after the payment of the amount to be returned); |
| 2. | A lump-sum retirement pension or a lump-sum payment on retirement applicable for the period of service as a member of the armed forces after reappointment. |
| Article 33 (Reporting on Loss of Entitlement to Veteran’s Pension) |
Where a person entitled to a veteran's pension dies, his or her survivors or relatives shall submit a report on the loss of entitlement to a pension (including a report in electronic form) to the Minister of National Defense within 30 days from the date of death, along with the relevant document among the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of National Defense:
| 1. | A family relation certificate of a person entitled to a veteran's pension; |
| 2. | A death certificate (limited to where it is impossible to confirm the death by a family relation certificate). |
| Article 34 (Retirement Benefits for Missing Persons) |
| (1) | Where a person entitled to retirement benefits or retirement allowances has been missing for at least one year and his or her heir intends to receive the retirement benefits or retirement allowances pursuant to Articles 29 and 37 of the Act, he or she shall submit a written claim for the relevant benefits to the Minister of National Defense, along with the documents verifying that the person entitled to the retirement benefits or retirement allowances has been missing for at least one year, as prescribed by Ordinance of the Ministry of National Defense. |
| (2) | The fact that a person entitled to retirement benefits or retirement allowances under paragraph (1) has been missing for at least one year shall be certified by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) or the chief of a police station and the Chief of Staff of the armed force to which he or she belonged. |
| (3) | "Interest prescribed by Presidential Decree" in the proviso of Article 29 (3) of the Act and the latter part of paragraph (4) of that Article respectively means the interest to which the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year is applied. |
| (4) | A person who intends to receive an amount equivalent to the difference in a veteran’s pension pursuant to the latter part of Article 29 (4) of the Act shall submit a written claim for payment of the difference in a veteran’s pension to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
SECTION 3 Retirement Benefits for Survivors
| Article 35 (Claim for Veteran's Pension for Survivors) |
| (1) | A person who intends to receive a veteran's pension for survivors, an additional payment to veteran's pension for survivors under Article 33 of the Act (hereinafter referred to as "additional payment to veteran's pension for survivors"), a lump-sum veteran's pension for survivors, a lump-sum payment on retirement to survivors (hereinafter referred to as "lump-sum payment on retirement to survivors") under Article 35 of the Act, or a special additional payment to veteran's pension for survivors under Article 36 of the Act (hereinafter referred to as "special additional payment to veteran's pension for survivors”) shall submit a written claim for the relevant benefits (including a written claim in electronic form) to the Chief of Staff of the armed force to which he or she belonged, along with the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of National Defense: Provided, That where the person intends to claim a veteran's pension for survivors due to the death of the beneficiary of a veteran’s pension, the relevant written claim (including a written claim in electronic form) shall be submitted to the Minister of National Defense: <Amended on Oct. 4, 2022> |
| 1. | A family relation certificate (limited to a spouse, child, or parent); |
| 2. | A medical certificate issued by the head of a medical care institution or the head of a military hospital verifying that a person is pregnant (limited to where the person is pregnant at the time of death of a current or former member of the armed forces); |
| 3. | A medical certificate issued by the head of a medical care institution or the head of a military hospital (limited to where a child or a grandchild who intends to receive a veteran's pension for survivors, additional payment to veteran's pension for survivors, lump-sum veteran's pension for survivors, lump-sum payment on retirement to survivors, or special additional payment to veteran's pension for survivors is at least 25 years of age and has a degree of disability equivalent to that specified in attached Table 3 of the Enforcement Decree of the Military Accident Compensation Act). |
| (2) | Upon receipt of a claim for a veteran's pension for survivors, etc. under paragraph (1) or Article 16 (1), the Minister of National Defense shall, if necessary, verify a family relation certificate or a certified copy of household resister through administrative data matching under Article 36 (1) of the Electronic Government Act pursuant to Article 8 (1) and the attached Table: Provided, That where the claimant does not consent to the verification, he or she shall attach it. |
| Article 36 (Criteria for Recognition of Support for Children) |
| Article 37 (Substantiation of Missing) |
The fact that a person entitled to a veteran's pension for survivors under Article 31 of the Act has been missing for at least one year shall be as verified by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the chief of a police station.
| Article 38 (Reporting on Loss of Entitlement to Veteran's Pension for Survivors and Transfer Thereof) |
| (1) | Where a person in the last order of priority among those entitled to a veteran's pension for survivors loses his or her entitlement pursuant to Article 32 (1) of the Act, the persons classified as follows shall submit a report on the loss of entitlement to a pension to the Minister of National Defense, along with the relevant documents among the documents referred to in the subparagraphs of paragraph (2), as prescribed by Ordinance of the Ministry of National Defense, within 30 days from the date such reason arises: <Amended on Oct. 4, 2022> |
| 2. | Where the kinship is terminated due to remarriage or other causes: The beneficiary; |
| 3. | Where a child or a grandchild who has received a veteran's pension for survivors attains the age of 25: The beneficiary himself or herself; |
| 4. | Where the disability of a child or grandchild aged 25 years or older ceases: The beneficiary or his or her legal representative. |
| (2) | A person who intends to obtain the transfer of the entitlement to a veteran's pension for survivors pursuant to Article 32 (2) of the Act shall submit a written claim for the transfer of entitlement to a veteran's pension for survivors (including a written claim in electronic form) to the Minister of National Defense, along with the relevant documents among the following documents (including electronic documents): |
| 1. | A death certificate (limited to where a person who had received a veteran's pension for survivors died but his or her death is not settled); |
| 2. | A family relation certificate of the person who has received a veteran's pension for survivors; |
| 3. | A medical certificate issued by the head of a medical care institution or the head of a military hospital (limited to where disabilities of a person who has received a veteran's pension for survivors cease to exist). |
SECTION 4 Retirement Allowances
| Article 39 (Claim for Retirement Allowances) |
| (1) | A person who intends to receive a retirement allowance under Article 37 (1) of the Act shall submit a written claim for retirement allowance to the Chief of Staff of an armed force to which he or she belonged, as prescribed by Ordinance of the Ministry of National Defense. |
| (2) | "Percentage prescribed by Presidential Decree" in the formula provided in Article 37 (2) of the Act means the percentage classified as follows: |
| 1. | Where the period of service is at least one year but less than five years: 6.5 percent; |
| 2. | Where the period of service is at least five years but less than 10 years: 22.75 percent; |
| 3. | Where the period of service is at least 10 years but less than 15 years: 29.25 percent; |
| 4. | Where the period of service is at least 15 years but less than 20 years: 32.5 percent; |
| 5. | Where the period of service is at least 20 years: 39 percent. |
| (3) | In calculating a retirement allowance pursuant to Article 37 (2) of the Act, the period of service shall not exceed 33 years. |
| Article 40 (Retirement Allowances Due to Life Unknown) |
| (1) | In cases of a member of the armed forces whose life or death is unknown due to any unintentional cause in a combat under Article 37 (3) of the Act, his or her survivor shall be paid a retirement allowance by applying Article 34 mutatis mutandis. |
| (2) | Where a member of the armed forces whose life or death is unknown under paragraph (1) retires after turning up alive, an amount equivalent to the amount paid under paragraph (1) during the period of unknown life or death shall be deducted from the amount of benefits payable to him or her. |
SECTION 5 Restrictions on Benefits
| Article 41 (Restrictions on Benefits Due to Criminal Punishment) |
| (1) | Where a current or former member of the armed forces becomes to fall under any subparagraph of Article 38 (1) of the Act, benefits shall be paid after making a reduction classified as follows. In such cases, the benefits which are a veteran's pension shall not be reduced until the month in which the date any reason for reduction arises falls: |
| 1. | Where his or her imprisonment without labor or heavier punishment has become final and conclusive due to a reason arising during the period of service (excluding a reason that has arisen due to negligence not related to his or her duties or negligence committed while complying with a justifiable order issued by his or her superior): 1/2 of the amount of benefits; |
| 2. | Where he or she is removed from office by a disciplinary action: 1/2 of the amount of benefits; |
| 3. | Where he or she is dismissed on disciplinary grounds for receipt of money or valuables, and entertainment, or misappropriation or embezzlement of public funds: 1/4 of the amount of benefits. |
| (2) | The interest to be added to the difference or remaining amount pursuant to Article 38 (2) of the Act and the latter part of paragraph (3) of that Article shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; and the interest for the period from the month following the month in which the date the retirement benefits or retirement allowances are partially paid falls until the month in which the date a reason for paying the difference or remaining amount arises falls shall be included in the difference or remaining amount on a yearly basis, and the amount of interest thereafter shall be calculated based on such amount. |
| (3) | Pursuant to Article 38 (3) of the Act, where an investigation or criminal trial is under way against a current or former member of the armed forces for committing a crime subject to imprisonment without labor or heavier punishment for a reason arising during the period of service (excluding a reason that has arisen due to negligence not related to his or her duties or due to negligence committed while complying with a justifiable order issued by his or her superior), such person shall be preferentially paid 1/2 of the amount of benefits payable to the person:<Amended on Dec. 29, 2020> |
| 1. | Deleted; <Dec. 29, 2020> |
| 2. | Deleted; <Dec. 29, 2020> |
| 3. | Deleted. <Dec. 29, 2020> |
| (4) | Notwithstanding paragraph (3), in cases of a veteran's pension, a current or former member of the armed forces shall be preferentially paid an amount equivalent to 1/2 of the amount of benefits payable to the person pursuant to Article 38 (3) of the Act, only where a decision on a fugitive warrant and notification is made due to the unknown whereabouts following his or her flight, etc. In such cases, the amount remaining after preferential payment shall be paid when the decision on the fugitive warrant and notification is canceled. <Newly Inserted on Dec. 29, 2020> |
| (5) | The amount remaining after preferential payment under paragraph (3) shall be paid where a current or former member of the armed forces, whose payment has been suspended pursuant to Article 38 (3) of the Act, falls under any of the following: Provided, That in cases falling under subparagraph 1, where any investigation procedure for the relevant case is under way again after a person has been subject to non-transfer or non-prosecution, or where a criminal trial is under way as a prosecution for the relevant case has been instituted, the remaining amount shall not be paid: <Newly Inserted on Dec. 29, 2020> |
| 1. | Where he or she is subject to non-transfer or non-prosecution; |
| 2. | Where the sentence of imprisonment without labor or heavier punishment is not declared by a court; |
| 3. | Where the suspension of the sentence of imprisonment without labor or heavier punishment has been declared by a court and the period of such suspension expires. |
| (6) | Where any reason for restriction on benefits that falls under any subparagraph of Article 38 (1) of the Act arises, the beneficiary or his or her relative shall report such fact to the Minister of National Defense without delay. <Amended on Dec. 29, 2020> |
| (7) | A person who intends to receive the remaining amount pursuant to the main clause of paragraph (5) shall submit to the Minister of National Defense a written claim for the remaining retirement benefits or remaining retirement allowances, along with the documents classified as follows, as prescribed by Ordinance of the Ministry of National Defense: <Amended on Dec. 29, 2020> |
| 1. | In cases falling under paragraph (5) 1: A written decision on non-transfer issued by the head of the competent police agency or a written decision on a non-prosecution issued by the head of the competent prosecutors’ office; |
| 2. | In cases falling under paragraph (5) 2 or 3: A certificate of criminal trial decision issued by the head of the competent prosecutors’ office. |
| Article 42 (Restrictions on Benefits Due to Intent) |
| (1) | Where a current or former member of the armed forces becomes to fall under the main clause of Article 39 (2) of the Act, the amount of the relevant veteran's pension for survivors shall be reduced by 1/2 from the month following the month in which the date he or she falls under such provisions falls. |
| 1. | Where any act is committed by a person who received or is receiving treatment for mental illness occurring in the course of performing his or her official duties or in connection with the official duties, while in the state of a noticeable decline in the normal cognitive functions, etc.; |
| 2. | Where any act is committed by a person under treatment due to a line-of-duty injury or disease, while in the state of a noticeable decline in the normal cognitive functions, etc. caused by such injury or disease; |
| 3. | Where any act is committed while in the state of a noticeable decline in the normal cognitive functions, etc. directly caused by beating, verbal abuse, cruelty, heavy workload, etc. related to the performance of duties or education and training; |
| 4. | Other cases corresponding to subparagraphs 1 through 3, which are deemed by the Minister of National Defense that there exist considerable causal relationships with the official duties. |
| Article 43 (Restrictions on Benefits for Failure to Receive Physical Examination) |
Where a current or former member of the armed forces fails to comply with an instruction issued by the Minister of National Defense regarding physical examinations under Article 40 of the Act on at least three occasions without good cause, the amount of the relevant benefit shall be reduced by 1/2 from the month following the month in which the date of occurrence of such failure falls.
CHAPTER IV BEARING OF EXPENSES
| Article 44 (Methods and Procedures for Payment of Contributions) |
| (1) | A disbursement officer or a public official in charge of accounts who is designated as a withholding agent pursuant to the Income Tax Act (hereinafter referred to as “person liable to collect contributions”) shall collect contributions on the date of payment of remunerations for the relevant month and pay them within 10 days to the head office or a branch office of the Bank of Korea established under the Bank of Korea Act (hereinafter referred to as the "Bank of Korea"), or a finance company, etc. or a postal service agency dealing with national funds. |
| (2) | A person liable to collect contributions who has paid contributions pursuant to paragraph (1) shall send a detailed statement of the payment to the Minister of National Defense. |
| Article 45 (Payment of Contributions by Persons Taking Leave of Absence Who Are Not Paid Remunerations) |
| (1) | Where a member of the armed forces is not paid a remuneration due to a leave of absence or for other reasons, he or she shall not pay contributions during such period, and a person liable to collect contributions shall retroactively and separately collect the same amount of contributions as contributions for the relevant months from the month following the month in which a remuneration is paid as the reason for nonpayment of remuneration ceases to exist: Provided, That even during the period of nonpayment of remuneration, he or she may pay contributions for the relevant period in each month, if he or she wishes to do so. |
| (2) | Notwithstanding the main clause of paragraph (1), where the relevant member of the armed forces intends to pay contributions to be paid retroactively in a lump sum, he or she may pay the remaining contributions in a lump sum after calculating the amount of contributions to be paid retroactively based on the amount of contributions for the relevant month in which he or she intends to pay them. |
| (3) | A person liable to collect contributions who collects contributions under paragraphs (1) and (2) shall pay such contributions to a receiving agency of national funds within five days. |
| Article 46 (Collection of Overpaid or Unpaid Contributions) |
Where an overpaid or underpaid contribution is to be returned or collected pursuant to Article 43 of the Act, such return or collection shall be made based on the amount of contributions for the month in which such contributions are returned or collected.
| Article 47 (Methods and Procedures for Payment of State’s Contributions) |
| (1) | "Remuneration budget for each fiscal year prescribed by Presidential Decree" in Article 44 of the Act means the sum of the budget appropriated for salaries and allowances of the members of the armed forces and other benefits payable to them under the statutes or regulations related to the remuneration of the members of the armed forces, and the method of calculation thereof shall be determined by the Minister of National Defense. |
| (2) | The Minister of National Defense shall divide the State’s contributions equally by quarter and pay the quarterly contributions to the Military Pension Fund established under Article 47 of the Act (hereinafter referred to as the "Fund") by January 31, April 30, July 31, and October 31. |
| (3) | Where the Minister of National Defense pays the State’s contributions pursuant to paragraph (2), he or she shall pay the contributions to the head office of the Bank of Korea in accordance with a payment notice of the State’s contributions. |
| (4) | Upon receipt of the State’s contributions pursuant to paragraph (3), the head of the head office of the Bank of Korea shall, without delay, send a notice of deposit to a Fund revenue collection officer under Article 51. |
| (5) | The Fund revenue collection officer upon receipt of a notice of deposit under paragraph (4) shall record the relevant amount in a receipt ledger. |
| Article 48 (Addition or Subtraction of Overpaid or Unpaid State's Contributions) |
Where there are overpaid or unpaid State's contributions, the Minister of National Defense shall pay the State's contributions for the next quarter after adding or subtracting the relevant amount.
| Article 49 (Accounting Personnel) |
| (1) | The Minister of National Defense (including persons delegated with the authority of the Minister of National Defense pursuant to Article 58 (1)) shall appoint accounting personnel to pay benefits. |
| (2) | Accounting personnel under paragraph (1) who make expenditure to pay benefits shall require the Bank of Korea to pay the benefits by transferring them to a bank account of a postal service agency, financial company, etc. entrusted to perform the affairs of benefit payment pursuant to Article 58 (2). |
| Article 50 (Transfer of Amount of Pension) |
| (3) | The Government Employees Pension Service or the Korea Teachers Pension shall transfer the amount referred to in paragraph (1) to the Fund as classified follows: |
| 1. | A retirement pension, early retirement pension, or retirement pension for survivors: It shall be transferred on a semi-annual basis by dividing it into two times each year; and the portion to be paid for the first half year shall be transferred by March 31, and the portion to be paid for the second half year shall be transferred by September 30; |
| 2. | Benefits under Article 12 of the Act, benefits to be paid in lieu of a pension under Article 15 of the Act, additional payments to veteran's pension for survivors, and special additional payments to veteran's pension for survivors: The portion to be paid for the period from September of the previous year to February of the relevant year shall be transferred by March 31 of the relevant year, and the portion to be paid for the period from March to August of the relevant year shall be transferred by September 30 of the relevant year. |
| (4) | While the transfer under paragraph (3) is made, the Minister of National Defense shall investigate at least once a year whether there exists any reason for the extinguishment of entitlement to a retirement pension, an early retirement pension, or a retirement pension for survivors under the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act, any reason for the reduction of the amount thereof, or other reasons affecting the transfer and shall notify the findings thereof to the Government Employees Pension Service or the Korea Teachers Pension. |
| (5) | Where the Government Employees Pension Service or the Korea Teachers Pension fails to transfer the relevant benefits to the Fund by the deadline prescribed in paragraph (3), the Minister of National Defense shall require it to pay them by adding the interest calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year during the delinquent period, and such interest shall be calculated as compound interest for each fiscal year. |
CHAPTER V MILITARY PENSION FUND
| Article 51 (Collection of Revenue) |
| (1) | The following revenue under Article 47 (2) of the Act shall be collected by a Fund revenue collection officer designated by the Minister of National Defense: |
| 1. | Contributions, State’s contributions, compensatory grants, and legal reserves; |
| 2. | Proceeds from the operation of the Fund; |
| 3. | Borrowings or money transferred from other Funds or accounts; |
| (2) | After receiving contributions among the revenue under paragraph (1) 1, a Fund revenue collection officer shall decide to collect the received amount. |
| Article 52 (Requirements for Use of Legal Reserves) |
“Where an unexpected reason prescribed by Presidential Decree has occurred” in Article 48 (3) 3 of the Act means any of the following cases: | 1. | Where any reason for providing benefits exceeding the initial budget arises due to the occurrence of multiple casualties in the course of conducting various education, training, and operations; |
| 2. | Where any reason for providing benefits exceeding the initial budget arises due to the occurrence of multiple casualties in the course of performing the affairs of public support, such as the prevention and recovery of disasters under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety or the extinguishment of forest fires; |
| 3. | Other cases equivalent to subparagraph 1 or 2, where the Minister of National Defense deems that any reason for providing benefits exceeding the initial budget has arisen. |
| Article 53 (Management and Operation of the Fund) |
| (1) | The Fund shall be deposited in the Bank of Korea. |
| (2) | The details of the accumulation and receipt and expenditure of the Fund shall be recorded in accounting books and the situation thereof shall be always clarified. |
| (4) | Where the Fund is operated by the method prescribed in Article 49 (2) 2 or 3 of the Act, the interest rate shall be at least the average of interest rates of time deposits with a maturity of one year applied by nationwide banks. |
| (5) | "Other business prescribed by Presidential Decree to increase the Fund" in Article 49 (2) 4 of the Act means any of the following business: |
| 1. | Business to acquire or sell real estate, increase the value of real estate, or increase the use thereof; |
| 4. | Other business expected to gain profits of at least the average of interest rates of time deposits with a maturity of one year applied by nationwide banks. |
| (6) | Except as provided in this Decree, matters necessary for the management, operation, etc. of the Fund shall be determined by the Minister of National Defense. |
CHAPTER VI REQUEST FOR REVIEW
| Article 54 (Request for Review) |
| (1) | A person who intends to file a request for review pursuant to Article 51 (1) of the Act or the representative of such person shall submit a written request for review to the head of the agency that has determined the relevant benefits, along with an explanatory statement, the relevant evidential documents, etc., within the period prescribed in paragraph (2) of that Article, as prescribed by Ordinance of the Ministry of National Defense. |
| (2) | The head of the agency who has received a written request for review under paragraph (1) shall forward such request within 10 days to the Military Accident Compensation and Pension Review Committee under Article 48 of the Military Accident Compensation Act, along with an explanatory note and other necessary data. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 55 (Extension of Period of Prescription) |
Where the entitlement to benefits or the right to obtain the return of contributions has not been exercised within the period prescribed in Article 52 (1) through (3) of the Act due to a war, an incident, or any other unavoidable cause, the period of prescription of the entitlement to benefits shall be extended by two years; and that of the right to obtain the return of contributions shall be extended by one year, pursuant to Article 52 (4) of the Act.
| Article 56 (Period of Effectuation) |
Whether a document is sent by mail before the expiration of the period of prescription under Article 53 of the Act shall be determined based on the postmark date under statutes or regulations governing postal service.
| Article 57 (Scope of Data Subject to Request for Submission) |
Data, organizations, or institutions subject to a request by the Minister of National Defense (including a person delegated with the authority of the Minister of National Defense pursuant to Article 58 (1)) pursuant to Article 54 (2) of the Act shall be classified as follows: | 1. | A certified copy of household resister, a certified copy of individual register, and a family relation certificate: A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of an Eup/Myeon; |
| 2. | Computerized information data on matters registered regarding family relations: The Minister of National Court Administration; |
| 3. | Computerized information data on resident registration: The Minister of the Interior and Safety; |
| 4. | Data on income and data on business registration: The Commissioner of the National Tax Service; |
| 5. | Local taxation data, registration data on land, buildings, and automobiles, and data on burial and cremation: The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu; |
| 6. | Data on the amount of monthly remuneration, health care benefits under the health insurance, and health examination results: The President of the National Health Insurance Corporation; |
| 7. | Criminal and investigation history records, and data on missing persons reported: The Commissioner General of the National Police Agency; |
| 8. | A copy of criminal court rulings: A chief prosecutor of the competent prosecutors' office or a branch chief; |
| 9. | Data on immigration: The Minister of Justice; |
| 10. | Data on the registration of overseas Korean nationals: The Minister of Foreign Affairs; |
| 11. | Data on the registration of persons with disabilities: The Minister of Health and Welfare; |
| 12. | Data on the purchase or receipt of a public official pension and accident compensation for public officials: The Chairman and CEO of the Government Employees Pension Service; |
| 13. | Data on the purchase and receipt of a pension for private school teachers and staff: The CEO of the Korea Teachers Pension; |
| 14. | Other data equivalent to those prescribed in subparagraphs 1 through 13 and deemed necessary by the Minister of National Defense: Organizations and institutions possessing the relevant data. |
| Article 58 (Delegation or Entrustment of Authority over Determination and Payment of Benefits) |
| (1) | The Minister of National Defense shall delegate the following authority to the Commander of the Financial Management Corps pursuant to Article 56 (1) of the Act: |
| 4. | Determination, payment, and recovery of the following benefits: |
| (a) | A veteran’s pension, lump-sum veteran's pension, lump-sum veteran's pension after deduction, or lump-sum payment on retirement under Article 28; |
| (b) | A veteran's pension for survivors, additional payment to veteran's pension for survivors, lump-sum veteran's pension for survivors, lump-sum payment on retirement to survivors, or special additional payment to veteran's pension for survivors under Article 35; |
| (2) | The affairs that the Minister of National Defense may entrust to the head of a postal service agency, financial company, etc. regarding the payment of benefits pursuant to Article 56 (2) of the Act shall be limited to the following: |
| 1. | Matters regarding the payment of benefits; |
| 2. | Other matters related to those referred to in subparagraph 1, which the Minister of National Defense has agreed on with the head of a postal service agency, financial company, etc. |
| Article 59 (Keeping of Books) |
The Minister of National Defense shall keep a confirmation ledger of various written claims for benefits to record the matters regarding claims for benefits.
| Article 60 (Processing of Sensitive Information and Personally Identifiable Information) |
If inevitable to perform the following affairs, the Minister of National Defense (including a person delegated or entrusted with the authority or business affairs of the Minister of National Defense pursuant to Article 58) may process information about health under the main clause, with the exception of the subparagraphs, of Article 23 (1) of the Personal Information Protection Act or data including a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of that Act: | 2. | Confirmation of reasons for providing benefits and determination of benefits under Article 8 of the Act; |
| 8. | Investigation and verification under Article 16 (1); |
| 9. | Payment of benefits to the representatives of survivors under Article 18; |
| 10. | Approval for installment payment of the amount to be recovered under the proviso, with the exception of the subparagraphs, of Article 23 (4); |
| 11. | Processing of the matters to be submitted under Article 26 (2) and (3); |
| 12. | Transfer of the entitlement to a veteran's pension for survivors under Article 38 (2); |
| 13. | Verification of an entitlement to benefits to change personal information or issue a certificate (including the re-issuance of a certificate of pension) at the request of a person entitled to benefits under the Act or this Decree. |
ADDENDA <Presidential Decree No. 30759, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Article 2 (Applicability to Change of Type of Split Pension)
The amended provisions of Article 27 (3) shall apply to applications for the change of type of a veteran's pension, lump-sum veteran's pension, or lump-sum veteran's pension after deduction filed after this Decree enters into force. Article 3 (Transitional Measures concerning Methods of Calculating Amount of Monthly Remuneration or Amount of Average Monthly Remuneration for Period of Service)
| (1) | Notwithstanding paragraph (1), the amount of monthly remuneration or the amount of average monthly remuneration under Article 6 (4) 1 of the Addenda to the Military Pension Act (Act No. 11632) converted into the current value as at the time in which the date a reason for providing benefits has arisen falls shall be calculated as follows: |
| 1. | In cases of the amount of monthly remuneration: (The amount of monthly remuneration for the month in which the day before July 1, 2013 falls) × [(the average amount of standard monthly income of all members of the armed forces on the date a reason for providing benefits arises) ÷ (the average amount of standard monthly income of all members of the armed forces on the day immediately before July 1, 2013)]; |
| 2. | In cases of the amount of average monthly remuneration: (The amount of average monthly remuneration calculated as of the day before July 1, 2013) × [(the average amount of standard monthly income of all members of the armed forces on the date a reason for providing benefits arises) ÷ (the average amount of standard monthly income of all members of the armed forces on the day immediately before July 1, 2013)]. |
| (2) | Where a person appointed as a member of the armed forces after July 1, 2013 has aggregated the previous period under Article 6 (2) of the Addenda to the Military Pension Act (Act No. 11632) (hereinafter referred to as "previous period"), the amount of monthly remuneration or the amount of average monthly remuneration under Article 6 (4) 1 of the Addenda to the same Act shall be calculated as follows: |
| 1. | In cases of the amount of monthly remuneration: (The amount of monthly remuneration at the time of the previous retirement converted into the current value at the time of appointment as a member of the armed forces by applying the rate of increase in remuneration for the members of armed forces) × [(the average amount of standard monthly income of all members of the armed forces on the date a reason for providing benefits arises) ÷ (the average amount of standard monthly income of all members of the armed forces at the time of appointment as a member of the armed forces)]; |
| 2. | In cases of the amount of average monthly remuneration: (The amount of average monthly remuneration at the time of the previous retirement converted into the current value at the time of appointment as a member of the armed forces by applying the rate of increase in remuneration for the members of armed forces) × [(the average amount of standard monthly income of all members of the armed forces on the date a reason for providing benefits arises) ÷ (the average amount of standard monthly income of all members of the armed forces at the time of appointment as a member of the armed forces)]. |
| (3) | Notwithstanding paragraphs (1) and (2), where the amount of monthly remuneration or the amount of average monthly remuneration calculated pursuant to paragraph (1) or (2) is less than the amount of monthly remuneration or the amount of average monthly remuneration on the day before July 1, 2013 (in cases of paragraph (2), referring to the time of previous retirement) converted into the current value on the date a reason for providing benefits has arisen by applying the rate of increase in remuneration for the members of armed forces, the higher amount shall be deemed the amount of monthly remuneration or the amount of average monthly remuneration for the previous period. |
| (4) | Where the amount of monthly remuneration or the amount of average monthly remuneration for the previous period is converted into the current value as at the time when the date on which a reason for providing benefits has arisen falls pursuant to paragraph (1) or (2) and if a reason for providing benefits falling under the amended provisions of subparagraphs 1 through 12 and 15 of Article 6 of the Military Pension Act (Act No. 11632) has arisen from January to April of the relevant year before determination and application of the amount of standard monthly income for the relevant year based on the income accrued in the previous year, the amount obtained by reflecting the rate of increase in remuneration for the members of armed forces in the relevant year in the amount referred to in paragraph (1) or (2) shall be the amount referred to in paragraph (1) or (2). |
Article 4 (Transitional Measures concerning Rate Applied to Amount of Average Standard Monthly Income for Each Period of Employment)
| 1. | The rate applied to the amount of average standard monthly income for each period of employment of an officer; |
Previous
period
Period thereafter | At least 32 years
| At least 31 years
~
less than 32 years | At least 30 years
~
less than 31 years | At least 29 years
~
less than 30 years | At least 28 years
~
less than 29 years | At least 27 years
~
less than 28 years | At least 26 years
~
less than 27 years | At least 25 years
~
less than 26 years | At least 24 years
~
less than25 years | At least 23 years
~
less than 24 years | At least 22 years
~
less than 23 years | At least 21 years
~
less than 22 years | At least 20 years
~
less than 21 years | At least 19 years
~
less than 20 years | At least 18 years
~
less than 19 years | At least 17 years
~
less than 18 years | At least 16 years
~
less than 17 years | At least 15 years
~
less than 16 years | At least 14 years
~
less than 15 years | At least 13 years
~
less than 14 years | At least 12 years
~
less than 13 years | At least 11 years
~
less than 12 years | At least 10 years
~
less than 11 years | At least 9 years
~
less than 10 years | At least 8 years
~
less than 9 years | At least 7 years
~
less than 8 years | At least 6 years
~
less than 7 years | At least 5 years
~
less than 6 years | At least 4 years
~
less than 5 years | At least 3 years
~
less than 4 years | At least 2 years
~
less than 3 years | At least 1 year
~
less than 2 years | Less than 1 year ~ The newly appointed | | ~ less than 1 year | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 1 year
~
less than 2 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 2 years
~
less than 3 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 3 years
~
less than 4 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 4 years
~
less than 5 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 5 years
~
less than 6 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 6 years
~
less than 7 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 7 years
~
less than 8 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 8 years
~
less than 9 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 9 years
~
less than 10 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 10 years
~
less than 11 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 11 years
~
less than 12 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 12 years
~
less than 13 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 13 years
~
less than 14 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 14 years
~
less than 15 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 15 years
~
less than 16 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 16 years
~
less than 17 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 17 years
~
less than 18 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 18 years
~
less than 19 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 19 years
~
less than 20 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 20 years
~
less than 21 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 21 years
~
less than 22 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 22 years
~
less than 23 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 23 years
~
less than 24 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 24 years
~
less than 25 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 25 years
~
less than 26 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 26 years
~
less than 27 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 27 years
~
less than 28 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 28 years
~
less than 29 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 29 years
~
less than 30 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 30 years
~
less than 31 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 31 years
~
less than 32 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 32 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
|
| 2. | The rate applied to the amount of average standard monthly income for each period of employment of a warrant officer; |
Previous
period
Period thereafter | At least 32 years
| At least 31 years
~
less than 32 years | At least 30 years
~
less than 31 years | At least 29 years
~
less than 30 years | At least 28 years
~
less than 29 years | At least 27 years
~
less than 28 years | At least 26 years
~
less than 27 years | At least 25 years
~
less than 26 years | At least 24 years
~
less than25 years | At least 23 years
~
less than 24 years | At least 22 years
~
less than 23 years | At least 21 years
~
less than 22 years | At least 20 years
~
less than 21 years | At least 19 years
~
less than 20 years | At least 18 years
~
less than 19 years | At least 17 years
~
less than 18 years | At least 16 years
~
less than 17 years | At least 15 years
~
less than 16 years | At least 14 years
~
less than 15 years | At least 13 years
~
less than 14 years | At least 12 years
~
less than 13 years | At least 11 years
~
less than 12 years | At least 10 years
~
less than 11 years | At least 9 years
~
less than 10 years | At least 8 years
~
less than 9 years | At least 7 years
~
less than 8 years | At least 6 years
~
less than 7 years | At least 5 years
~
less than 6 years | At least 4 years
~
less than 5 years | At least 3 years
~
less than 4 years | At least 2 years
~
less than 3 years | At least 1 year
~
less than 2 years | Less than 1 year ~ The newly appointed | | ~ less than 1 year | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 1 year
~
less than 2 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 2 years
~
less than 3 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 3 years
~
less than 4 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 4 years
~
less than 5 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 5 years
~
less than 6 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 6 years
~
less than 7 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 7 years
~
less than 8 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 8 years
~
less than 9 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 9 years
~
less than 10 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 10 years
~
less than 11 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 11 years
~
less than 12 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 12 years
~
less than 13 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 13 years
~
less than 14 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 14 years
~
less than 15 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 15 years
~
less than 16 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 16 years
~
less than 17 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 17 years
~
less than 18 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 18 years
~
less than 19 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 19 years
~
less than 20 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 20 years
~
less than 21 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 21 years
~
less than 22 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 22 years
~
less than 23 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 23 years
~
less than 24 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 24 years
~
less than 25 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 25 years
~
less than 26 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 26 years
~
less than 27 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 27 years
~
less than 28 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 28 years
~
less than 29 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 29 years
~
less than 30 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 30 years
~
less than 31 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 31 years
~
less than 32 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 32 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
|
| 3. | The rate applied to the amount of average standard monthly income for each period of employment of a noncommissioned officer. |
Previous
period
Period thereafter | At least 32 years
| At least 31 years
~
less than 32 years | At least 30 years
~
less than 31 years | At least 29 years
~
less than 30 years | At least 28 years
~
less than 29 years | At least 27 years
~
less than 28 years | At least 26 years
~
less than 27 years | At least 25 years
~
less than 26 years | At least 24 years
~
less than25 years | At least 23 years
~
less than 24 years | At least 22 years
~
less than 23 years | At least 21 years
~
less than 22 years | At least 20 years
~
less than 21 years | At least 19 years
~
less than 20 years | At least 18 years
~
less than 19 years | At least 17 years
~
less than 18 years | At least 16 years
~
less than 17 years | At least 15 years
~
less than 16 years | At least 14 years
~
less than 15 years | At least 13 years
~
less than 14 years | At least 12 years
~
less than 13 years | At least 11 years
~
less than 12 years | At least 10 years
~
less than 11 years | At least 9 years
~
less than 10 years | At least 8 years
~
less than 9 years | At least 7 years
~
less than 8 years | At least 6 years
~
less than 7 years | At least 5 years
~
less than 6 years | At least 4 years
~
less than 5 years | At least 3 years
~
less than 4 years | At least 2 years
~
less than 3 years | At least 1 year
~
less than 2 years | Less than 1 year ~ The newly appointed | | ~ less than 1 year | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 1 year
~
less than 2 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 2 years
~
less than 3 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 3 years
~
less than 4 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 4 years
~
less than 5 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 5 years
~
less than 6 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 6 years
~
less than 7 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 7 years
~
less than 8 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 8 years
~
less than 9 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 9 years
~
less than 10 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 10 years
~
less than 11 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 11 years
~
less than 12 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 12 years
~
less than 13 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 13 years
~
less than 14 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 14 years
~
less than 15 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 15 years
~
less than 16 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 16 years
~
less than 17 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 17 years
~
less than 18 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 18 years
~
less than 19 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 19 years
~
less than 20 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 20 years
~
less than 21 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 21 years
~
less than 22 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 22 years
~
less than 23 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 23 years
~
less than 24 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 24 years
~
less than 25 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 25 years
~
less than 26 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 26 years
~
less than 27 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 27 years
~
less than 28 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 28 years
~
less than 29 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 29 years
~
less than 30 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 30 years
~
less than 31 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 31 years
~
less than 32 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | At least 32 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
|
Article 5 (Transitional Measures concerning Amount of Standard Monthly Income of Newly Appointed Persons)
| (2) | Notwithstanding paragraph (1), in cases of a member of the armed forces for whom it is impossible to calculate the amount of standard monthly income pursuant to the amended provisions of Articles 2-2 through 2-4 of the Enforcement Decree of the Military Pension Act (Presidential Decree No. 24643) due to new employment, reinstatement, leave of absence, etc. on or after January 2, 2012, the amount equivalent to the amount of average standard monthly income of the members of the armed forces whose rank and salary class are same as or similar to those of the members of the armed forces as of June 31, 2013 which is the day immediately before the enforcement date of the same Decree shall be the amount of standard monthly income. |
Article 6 (Transitional Measures concerning Conversion of Amounts of Monthly Remuneration into Current Value)
Article 7 (Transitional Measures concerning Interest Rate for Return of Contributions)
Article 8 (Transitional Measures concerning Period of Service before Appointment Recognized as Period of Service)
Article 9 (Transitional Measures concerning Calculation of Period of Service)
The provisions existing before being amended by the Enforcement Decree of the Military Pension Act (Presidential Decree No. 14302) shall apply to the calculation of the periods of service for persons for whom a reason for providing benefits had arisen before July 1, 1994 when the same Decree entered into force and those who were in service as of July 1, 1994. Article 10 (Transitional Measures concerning Amount to Be Returned)
| (1) | Notwithstanding the amended provisions of Article 15, Article 30 of the previous Enforcement Decree of the Military Pension Act shall apply to the lump-sum return of the amount to be returned, the calculation of interest in calculating the amount to be returned, and overdue interest rates in not paying the amount to be returned before this Decree enters into force. |
| (3) | Notwithstanding paragraph (1), where the periods of service were aggregated pursuant to Article 16 (6) of the Military Pension Act (No. 8023) before October 23, 2006 when the Enforcement Decree of the Military Pension Act (Presidential Decree No. 19708) entered into force and the amount to be returned has not been paid by the payment deadline under Article 29 (1) of the same Decree, overdue interest shall be calculated pursuant to the previous Article 30 (5) for the period of delinquency before October 23, 2006 when the same Decree entered into force, and it shall be calculated pursuant to the amended provisions of Article 30 (5) of the same Decree for the period of delinquency on or after October 23, 2006 when the same Decree entered into force. |
| (5) | Notwithstanding paragraph (1), where the amount to be returned has not been paid by the payment deadline under Article 29 (1) of the Enforcement Decree of the Military Pension Act (Presidential Decree No. 24643) before July 1, 2013 when the same Decree entered into force, overdue interest shall be calculated pursuant to the provisions existing before being amended by the same Decree for the period of delinquency until the day before July 1, 2013 when the same Decree entered into force, and it shall be calculated pursuant to the amended provisions of Article 30 (5) of the same Decree for the period of delinquency on or after July 1, 2013 when the same Decree entered into force. |
Article 11 (General Transitional Measures concerning Occurrence of Reasons for Providing Benefits)
| (2) | Notwithstanding paragraph (1), the provisions existing before being amended by the Enforcement Decree of the Military Pension Act (Presidential Decree No. 17099) shall apply to benefits for a person for whom a reason for providing benefits has arisen before January 1, 2001 when the same Decree entered into force. |
Article 12 (Transitional Measures concerning Recovery of Benefits Fraudulently Received)
| (3) | Notwithstanding paragraph (1), the provisions existing before being amended by the Enforcement Decree of the Military Pension Act (Presidential Decree No. 16830) Provisions shall apply to the recovery of benefits fraudulently received, the calculation of the amount to be returned, the request for the difference in a veteran's pension, etc. for which any reason for benefits arose before June 7, 2000, notwithstanding the amended provisions of Articles 26, 30 and 37 of the same Decree. |
Article 13 (Transitional Measures concerning Special Cases on Beneficiaries of Benefits)
| (2) | In cases falling under paragraph (1), notwithstanding Article 25 (2) of the Enforcement Decree of the Military Pension Act (Presidential Decree No. 20187), the provisions existing before being amended by the same Decree shall apply to the payment of benefits to a person for whom a reason for providing benefits arises because there are no survivors receiving benefits before July 24, 2007 when the same Decree entered into force. |
| (3) | In cases falling under paragraph (1), the amended provisions of the proviso, with the exception of the subparagraphs, of Article 25 (4) of the Enforcement Decree of the Military Pension Act (Presidential Decree No. 24379) shall begin to apply to the current or former members of the armed forces who died on or after March 1, 2013 when the same Decree entered into force. |
Article 14 (Transitional Measures concerning Recovery of Benefits)
| (2) | Notwithstanding paragraph (1), the provisions existing before being amended by the Enforcement Decree of the Military Pension Act (Presidential Decree No. 17099) shall apply to the period of calculation of the interest to be added to the amount of benefits subject to a disposition of recovery and overdue interest to be added to the amount to be recovered pursuant to Article 15 (1) of the previous Military Pension Act (referring to the Act before being partially amended by Act No. 6327; hereafter the same shall apply in paragraph (3)) before January 1, 2001 when the same Decree entered into force, notwithstanding the amended provisions of Article 26 (1) of the same Decree. |
| (3) | Notwithstanding paragraph (1), the provisions existing before being amended by the Enforcement Decree of the Military Pension Act (Presidential Decree No. 17099) shall apply to the recovery of the amount of benefits subject to a disposition of recovery under Article 15 (1) 2 and 3 of the previous Military Pension Act before January 1, 2001 when the same Decree entered into force, notwithstanding the amended provisions of Article 26 (5) of the same Decree. |
Article 15 (Transitional Measures concerning Overdue Interest Rates on Amount to Be Recovered and Change in Number of Installment Payments Thereof)
| (1) | Notwithstanding the amended provisions of Article 23 (1) 1, (4), and (6), Article 26 (1) 2, (4), and (6) of the previous Enforcement Decree of the Military Pension Act shall apply to overdue interest rates on the amount to be recovered and the change in the number of installment payments thereof before this Decree enters into force. |
Article 16 (Transitional Measures concerning Change of Type of Veteran's Pensions)
Article 17 (Transitional Measures concerning Special Cases on Calculation of Retirement Benefits)
Article 18 (Transitional Measures concerning Restrictions on Benefits Due to Criminal Punishment)
| (2) | In cases falling under paragraph (1), the amended provisions of the proviso, with the exception of the subparagraphs, of Article 71 (1) of the Enforcement Decree of the Military Pension Act (Presidential Decree No. 30066) shall also apply to veteran's pensions paid on or after September 3, 2019 to persons for whom a decision on a fugitive warrant and notification was made before September 3, 2019 when this Decree entered into force. In such cases, the same shall apply to the suspension of payment of a veteran’s pension from October, 2019. |
| (3) | Notwithstanding paragraph (1), the provisions existing before being amended by the Enforcement Decree of the Military Pension Act (Presidential Decree No. 14302) shall apply to the restriction on benefits for a person whose sentence became final and conclusive before July 1, 1994, notwithstanding the amended provisions of Article 70 of the same Decree. |
Article 19 (Transitional Measures concerning Criteria for Recognizing Whether Support Has Been Provided)
| (1) | Notwithstanding the amended provisions of the attached Table, attached Table 1 of the previous Enforcement Decree of the Military Pension Act shall apply to the criteria for recognizing whether support has been provided before this Decree enters into force. |
| (2) | In cases falling under paragraph (1), the amended provisions of attached Table 1 of the Enforcement Decree of the Military Pension Act (Presidential Decree No. 20467) shall begin to apply to the determination of a survivor who is to be newly paid benefits following the death of a current or former member of the armed forces on or after January 1, 2008 when the same Decree entered into force or who is to be newly paid benefits due to the loss, etc. of the entitlement of the existing eligible beneficiary of benefits. |
Article 20 (Transitional Measures concerning Scope of Application of the Previous Addenda)
The previous Addenda provided pursuant to the amendments to the previous Enforcement Decree of the Military Pension Act shall remain effective even after this Act enters into force, except in cases where the Addenda becomes ineffective before this Decree enters into force. Article 21 Omitted.
Article 22 (Relationships to Other Statutes and Regulations)
Where any other statute or regulation cites the previous Enforcement Decree of the Military Pension Act or any provisions thereof as at the time this Decree enters into force, it shall be deemed to cite this Decree or the relevant provisions of this Decree in lieu of the previous provisions, if the provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 31337, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Article 2 (General Applicability)
This Decree shall also apply to cases under criminal investigations by a judicial police officer as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 31799, Jun. 22, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 32928, Oct. 4, 2022>
This Decree shall enter into force on the date of its promulgation.