| Article 2 (Other employees of the State or local governments) |
| Article 3 (Calculation of retirement compensation) |
| (1) | Retirement benefits, retirement allowances, or additional dues to retirement benefits under Article 4 (1) of the Act shall be calculated based on the amount of monthly remuneration under the Public Officials Pension Act or the Military Pension Act as at the time the period of actual service of a relevant public official disqualified from appointment or a public official retired automatically is terminated. In such cases, "period of actual service" shall be construed as "length of service" in the Public Officials Pension Act and "period of service" in the Military Pension Act, respectively. <Amended on Aug. 12, 2008> |
| (2) | “Refund of principal and interest of a contribution” in Article 4 (1) of the Act means the aggregate of interests calculated taking into account the operating rate of return on the Public Official Pension Fund of the Government Employees Pension Service, plus the contributions paid by a public official disqualified from appointment or a public official retired automatically during his or her actual service period; provided, in cases of a public official disqualified from appointment or a public official automatically retired who has completed his or her service as a member of the armed forces, it means the aggregate of interest calculated by applying the interest rate for the return of contributions under Article 4 of the Military Pension Act and Article 5 (1) of the Enforcement Decree of the Military Pension Act, plus contributions paid in accordance with the Military Pension Act during the actual service period. <Amended on Aug. 12, 2008; Sep. 18, 2018> |
| Article 4 (Application for payment of retirement compensation) |
| (1) | A person who intends to apply for the payment of retirement compensation pursuant to Article 4 (2) of the Act shall submit the following documents to the appointing authority or the appointment-recommending authority (where the appointing authority or the appointment-recommending authority is changed due to reasons such as the consolidation or reorganization of agencies, etc., the new appointing authority or the appointment-recommending authority shall succeed to the authority of the relevant agency; and for public officials belonging to the Executive branch where the appointing authority or the appointment-recommending authority is unclear, it refers to the Minister of Personnel Management; hereinafter the same shall apply), by September 30, 2008: <Amended on Mar. 17, 2004; Jun. 12, 2006; Aug. 12, 2008; Nov. 2, 2010; Mar. 23, 2013; Nov. 19, 2014> |
| 1. | One copy of an application for payment of retirement compensation in attached Form 1; |
| 2. | Deleted; <Jun. 12, 2006> |
| 3. | One copy of the applicant’s family relation certificate and basic certificate; provided, where the person is deceased or declared missing and it is not confirmed by a family relation certificate and basic certificate, one certified copy of the register of removal or a closed family relation certificate; |
| 4. | One copy of a letter of selection of the representative of inheritance in attached Form 2 (limited to where at least 2 heirs are in the same order of priority); |
| 5. | One copy of the power of attorney for receipt of retirement compensation in attached Form 3 (limited to cases where a proxy application is made due to immigration, hospitalization, or other unavoidable reasons); |
| 6. | One copy of other documents evidencing that the person is eligible for retirement compensation; |
| 7. | One copy of the applicant's bank book with a postal service agency or financial institution where he or she wishes to receive the retirement compensation. |
| (2) | If a public official disqualified from appointment or a public official retired automatically dies (including cases where he or she is declared missing) and his or her successor applies for the payment of retirement compensation pursuant to the proviso of Article 4 (2) of the Act, and if there are at least 2 successors in the same order of priority, the representative of inheritance shall be selected and an application shall be made according to the letter of selection of the representative of succession in attached Form 2. |
| (3) | If a public official disqualified from appointment, a public official retired automatically, or his or her successor is unable to directly apply for or receive retirement compensation due to immigration, hospitalization, or other unavoidable reasons, he or she shall submit a power of attorney to receive retirement compensation in attached Form 3, which is confirmed by a person falling under any of the following subparagraphs: |
| 1. | In the case of immigration or other stay abroad, the head of a diplomatic mission abroad; |
| 2. | In the case of hospitalization, the head of a medical institution; |
| 3. | The head of an institutional corrections facility where a person is confined in a correctional institution, etc.; |
| 4. | In other cases, the head of the agency to which he or she belonged at the time he or she actually terminated his or her service as a public official. |
| (4) | Upon receiving an application for payment under paragraph (1), the appointing authority or the appointment-recommendation authority shall verify a certified copy of the resident registration card of the applicant through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the applicant does not consent to such verification, the applicant shall be required to attach it. <Amended on Nov. 2, 2010> |
| Article 5 (Investigation and confirmation of eligibility for compensation) |
| (1) | The appointing authority or the appointment-recommendation authority who has received an application for the payment of retirement compensation shall investigate and confirm whether a public official disqualified from appointment or a public official retired automatically qualifies as a person eligible for retirement compensation under Article 4 (1) of the Act (hereinafter referred to as "person eligible for retirement compensation") by referring to the following documents: <Amended on Aug. 12, 2008> |
| 1. | Documents falling under the subparagraphs of Article 4 (1); |
| 2. | Personnel record cards or personnel affairs and performance records of the public official disqualified from appointment or retired automatically; |
| 3. | Judgment records, such as court decisions; |
| 4. | Other documents necessary to confirm eligibility for compensation. |
| (2) | When the appointing authority or the appointment-recommendation authority determines that a public official disqualified from appointment or a public official retired automatically is not eligible for compensation as a result of the investigation and confirmation under paragraph (1), he or she shall notify the applicant of the determination within 2 months of receiving the application for payment of retirement compensation, stating the grounds therefor; provided, where necessary for the investigation and confirmation of eligibility for compensation, the notice period may be extended by up to 1 month. |
| (3) | If the appointing authority or the appointment-recommendation authority determines that a public official disqualified from appointment or a public official retired automatically is eligible for compensation as a result of an investigation and confirmation under paragraph (1), he or she may request the Chairperson and CEO of the Government Employees Pension Service or the Minister of National Defense (limited to a public official disqualified from appointment or a public official retired automatically as a de-facto member of the armed forces) to calculate the lump-sum retirement pension, lump-sum veteran’s pension, lump-sum retirement benefits, retirement allowance, additional money for retirement benefits, etc. for the actual service period of the public official disqualified from appointment or public official retired automatically in accordance with attached Form 4. |
| (4) | Upon receiving the request under paragraph (3), the Chairperson and CEO of the Government Employees Pension Service or the Minister of National Defense shall verify the results of the calculation and notify the appointing authority or appointment-recommendation authority of the results within 30 days. <Amended on Sep. 18, 2018> |
| (5) | When the appointing authority or the appointment-recommendation authority is notified of the results of the calculation pursuant to paragraph (4), he or she shall prepare a report on the payment of retirement compensation in attached Form 5. |
| Article 6 (Payment and receipt of retirement compensation) |
| (1) | The appointing authority or the appointment-recommendation authority shall deliver a notice of decision on the payment of retirement compensation in attached Form 6 within 3 months of receiving the application for payment of retirement compensation to the applicant who is determined to be eligible for compensation pursuant to Article 5; provided, the notice period may be extended by up to 1 month, if necessary for the investigation and confirmation of eligibility for compensation. |
| (2) | The appointing authority or the appointment-recommendation authority shall deposit the retirement compensation into a deposit account opened at a postal service agency or financial institution where the applicant wishes to receive it within 6 months from the date of issuance of the notice of decision on the payment of retirement compensation under paragraph (1); provided, where it is impracticable to pay the retirement compensation within the period due to budgetary circumstances or other reasons, the period may be extended by up to 6 months, and in such cases, the applicant shall be notified of such fact. |
| (3) | The retirement compensation deposited into the applicant's deposit account pursuant to paragraph (2) shall be deemed to have been received by the applicant. |
| Article 7 (Claims for benefits by persons subject to special cases concerning prescription on benefits) |
| (2) | The appointing authority or the appointment-recommendation authority who has received a written claim for benefits pursuant to paragraph (1) shall investigate and verify necessary matters and transfer the claim to the Chairperson and CEO of the Government Employees Pension Service or the Minister of National Defense. <Amended on Sep. 18, 2018> |
| (3) | When a public official retired automatically submits a written claim for benefits to the appointing authority or the appointment-recommendation authority pursuant to paragraph (1), he or she shall be deemed to have submitted the written claim for benefits to the Chairperson and CEO of the Government Employees Pension Service or the Minister of National Defense. <Amended on Sep. 18, 2018> |
| Article 8 Deleted. <Aug. 12, 2008> |
| Article 9 Deleted. <Aug. 12, 2008> |
| Article 10 (Certification of actual service career) |
The issuance of a career certificate for the de facto service period of a public official disqualified from appointment or retired automatically under Article 8 of the Act shall be in accordance with attached Form 7.
| Article 11 (Interest on recovery of retirement compensation and collection of recovery expenses) |
| (1) | The period for calculating the interest to be collected in addition to the retirement compensation under the latter part of Article 9 (1) of the Act shall be from the day following the payment of the retirement compensation to the date on which the appointing authority or the appointment-recommendation authority sends a notice of return of the amount to be recovered, and where the amount to be recovered is not paid by the payment deadline under Article 9 (2), the period for calculating the overdue interest shall be the period of arrears, and the interest rate and the cost of recovery shall be as follows: |
| 1. | Interest rate: The highest interest rate among time deposit rates applied by commercial banks nationwide as of January 1 of each year; provided, overdue interest rate in cases of nonpayment of the recovery amount by the payment deadline shall be the highest interest rate among the interest rates on bank loans applied by commercial banks nationwide as of January 1 of each year during the calculation period of overdue interest rates; |
| 2. | Expenses for recovery: Expenses related to investigation of the recovery of retirement compensation and other expenses incurred therefor, as calculated by the appointing authority or appointment-recommendation authority. |
| (2) | When the appointing authority or the appointment-recommendation authority discovers grounds for the recovery of retirement compensation, he or she shall, without delay, investigate such grounds and send a notice of return of the amount to be recovered to the person who has received the retirement compensation. |
| Article 12 (Establishment of countermeasures team for disqualification for appointment) |
| (1) | In order to efficiently handle and support affairs relating to the payment, etc. of retirement compensation to public officials disqualified from appointment and public officials retired automatically, a temporary countermeasure team for disqualification for appointment (hereinafter referred to as "countermeasure team") may be established and operated within the Ministry of Personnel Management. <Amended on Aug. 12, 2008; Mar. 23, 2013; Nov. 19, 2014> |
| (2) | The Personnel Policy Officer of the Ministry of Personnel Management shall serve as the head of the countermeasure team. <Amended on Aug. 12, 2008; Mar. 23, 2013; Nov. 19, 2014> |
| (3) | The Minister of Personnel Management may request administrative agencies, etc. to dispatch public officials under their jurisdiction to efficiently operate the affairs of a countermeasure team. <Amended on Aug. 12, 2008; Mar. 23, 2013; Nov. 19, 2014> |
ADDENDUM <Presidential Decree No. 16598, Nov. 22, 1999>
This Decree shall enter into force on December 1, 1999.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20967, Aug. 12, 2008>
This Decree shall enter into force on September 6, 2008.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on May 5, 2010.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, of the Presidential Decrees amended pursuant to Article 6 of the Addenda, amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement dates of the respective Decrees.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, of the Presidential Decrees amended pursuant to Article 5 of the Addenda, amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement dates of the respective Decrees.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on September 21, 2018.
ADDENDA <Presidential Decree No. 29181, Sep. 18, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on September 21, 2018.