CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters relating to the payment of honorary retirement allowances under Article 74-2(1) of the State Public Officials Act, the allowances under paragraph (2) of that Article, the recovery of such allowances under paragraph (3) of that Article, the eligibility criteria for allowances under Article 74-3(1) of that Act, procedures for payment, etc. <Amended on Apr. 22, 2013> [This Article Wholly Amended on Jan. 26, 2012]
| Article 2 (Scope of application) |
Except as otherwise expressly provided in other statutes or regulations, this Decree shall apply to the payment of honorary retirement allowances under Article 74-2(1) of the Act and the payment of allowances under Article 74-2(2) (hereinafter referred to as "early retirement allowances") to public officials in career service as defined in Article 2(2) of the State Public Officials Act (hereinafter referred to as the "Act") and the payment of voluntary retirement allowances for the voluntary retirement of public officials in extraordinary civil service under Article 74-3(1) of the Act (hereinafter referred to as "voluntary retirement allowances") from among public officials in non-career service as defined in Article 2(3) of the Act. [This Article Wholly Amended on Jan. 26, 2012]
CHAPTER II HONORARY RETIREMENT ALLOWANCES
| Article 3 (Eligibility for honorary retirement allowances) |
| (1) | A person eligible to receive an honorary retirement allowance shall be any of the following public officials (excluding public officials in fixed term positions under Article 26-5 of the Act) who have served for at least 20 years as calculated under Article 25(1) through (3) of the Public Officials Pension Act, and who retires voluntarily before at least 1 year prior to his or her mandatory retirement date; provided, this shall not apply to persons who have already received an honorary retirement allowance (including meritorious retirement allowances, honorary discharge allowances, etc.; hereinafter the same shall apply) under this Decree or other statutes or regulations (including those who have fully repaid the amount of honorary retirement allowance received under Article 74-2(3)1, 1-2, 1-3, or 2 of the Act as an amount of recovery): <Amended on Dec. 11, 2013; Sep. 18, 2018; Dec. 24, 2019; Jul. 14, 2020; Dec. 29, 2023> |
| 1. | A public official in general service; |
| 2. | A prosecutor (excluding the Chief Prosecutor of the Corruption Investigation Office for High-Ranking Officials, and prosecutors who currently hold or have held positions falling under subparagraphs 1 through 4 of Article 2 of the Regulations on the Scope of Positions of Prosecutors of the Supreme Prosecutors' Office at the Prosecutor Level or Higher); |
| 3. | A foreign service official excluding those of Grade XIV; |
| 4. | A police official ranked chief superintendent general or lower; |
| 5. | A firefighting official ranked deputy fire commissioner or lower; |
| 6. | An educational official (excluding fixed -term appointees except principals); |
| 7. | A civilian military employee and a staff member of the National Intelligence Service; |
| 8. | Deleted. <Dec. 11, 2013> |
| (2) | The Minister of Personnel Management may restrict the scope of eligibility under paragraph (1), if unavoidable due to budgetary reasons. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (3) | Any of the following persons as of the date of application for an honorary retirement allowance, shall be excluded from eligibility: <Amended on Apr. 22, 2013; Dec. 11, 2013; Jun. 2, 2025> |
| 1. | Any of the following persons: |
| a. | A person for whom a resolution on disciplinary action shall be requested after being notified of the results of an investigation by an investigative agency under Article 83(3) of the Act; |
| b. | A person against whom a disciplinary action has been requested by the head of a relevant administrative agency, such as the Board of Audit and Inspection of Korea; |
| c. | A person for whom a resolution on disciplinary action has been requested to the Disciplinary Committee; |
| d. | A person currently under a period of restriction on promotion due to prior disciplinary action; |
| 2. | A person under criminal prosecution; |
| 3. | A person under investigation for irregularities or investigative procedures conducted by an audit agency, such as the Board of Audit and Inspection of Korea, or an investigative agency, such as the prosecution or police, etc.; |
| 4. | A person scheduled to retire for employment with an institution that performs the transferred functions as a result of the transfer of government functions; |
| 5. | A person scheduled to retire for appointment as a public official in political service (excluding elected positions) from among public officials in career service (excluding public officials in fixed-term positions) and public officials in non-career service as defined in Article 2 of the Act and Article 2 of the Local Public Officials Act. |
| (4) | A person who was excluded from eligibility for an honorary retirement allowance under paragraph (3)2 or 3, may be eligible, notwithstanding that paragraph if, after retirement, a case related to subparagraph 2 or 3 of that paragraph falls under any of the following subparagraphs: <Added on Jun. 2, 2025> |
| 1. | Where an audit agency has notified the termination of an investigation after he or she was not found to have committed any unlawful or improper act; |
| 2. | Where a judicial police officer has not referred the case for prosecution; |
| 3. | Where a prosecutor (including a prosecutor affiliated with the Corruption Investigation Office for High-Ranking Officials) renders a disposition of non-prosecution on the grounds of lack of suspicion, absence of a crime, lack of prosecutorial authority, or dismissal; |
| 4. | Where a final and conclusive court judgment of acquittal, judgment of exemption from prosecution, judgment of dismissal of indictment, or decision of dismissal of indictment has been rendered. |
| (5) | For public officials falling under any of the following subparagraphs, the remaining period until retirement shall be calculated based on the date classified as follows: <Amended Jul. 14, 2020; Jun. 2, 2025> |
| 1. | For public officials subject to both a mandatory retirement age and a high year of tenure: The earlier of the two dates; |
| 2. | For prosecutors and investigators of the Corruption Investigation Office for High-Ranking Officials: The earlier of the retirement date and the expiration date of their term of office. |
[This Article Wholly Amended on Jan. 26, 2012]
| Article 4 (Amount of honorary retirement allowances to be paid) |
The amount of the honorary retirement allowance shall be calculated in accordance with Appendix 1; provided, if a person becomes disable in the line of duty while performing life-threatening or physically dangerous duties, such as counter-espionage operations or equivalent national security-related duties, the arrest of criminals, or firefighting, he or she shall be paid an additional amount listed in Appendix 2 within the budget. <Amended on Sep. 18, 2018>
[This Article Wholly Amended on Jan. 26, 2012]
| Article 5 (Matters regarding payment of honorary retirement allowances) |
| (1) | The application period for the payment of honorary retirement allowances and the expected date of honorary retirement shall be as specified in Appendix 3; provided, the head of the central administrative agency may, if necessary, set the period and the date differently from provided in Appendix 3, taking into consideration the nature of the duties or the circumstances of the relevant agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 24, 2019; Dec. 29, 2023> |
| (2) | An honorary retirement allowance shall be paid on the date of retirement, but if a person becomes eligible for the allowance under Article 3(4), it shall be paid within 15 days from the date a payment decision is made under Article 7(1); provided, if the date on which the honorary retirement allowance is paid falls on a Saturday or a public holiday, the payment shall be made on the immediately preceding business date. <Amended on Jun. 2, 2025> |
| (3) | Notwithstanding paragraph (2), if the head of a central administrative agency is unable to pay an honorary retirement allowance on the date under that paragraph due to budgetary circumstances, etc., he or she shall notify the eligible person of such fact in advance and make the payment as promptly as possible. <Added on Dec. 24, 2019> |
[This Article Wholly Amended on Jan. 26, 2012]
| Article 6 (Application for payment of honorary retirement allowances) |
| (1) | A person who intends to receive an honorary retirement allowance shall submit an application for honorary retirement allowance using Form 1 to the head of the affiliated central administrative agency through the head of the affiliated institution, along with the following documents, within the application period under Article 5(1). In such cases, if the head of the affiliated institution receives the application within such period, it shall be deemed to have been received by the head of the affiliated central administrative agency: <Amended on Dec. 24, 2019; Jun. 2, 2025> |
| 1. | One copy of the personnel record card; provided, if the information can be verified electronically, submission may be omitted; |
| 2. | One copy of the application for honorary retirement (Form 2); provided, the submission may be omitted if the application is made under paragraph (3); |
| 3. | A career certificate (applicable only where the application is filed under Article 7-2(1)). |
| (2) | Notwithstanding paragraph (1), if a person eligible for the honorary retirement allowance under Article 3(1) falls under any of the following subparagraphs and applies for honorary retirement allowance at least 15 days prior to the intended retirement date, he or she may apply for the voluntary retirement allowance outside the application period under Article 5(1); provided, if urgently needed by the head of a central administrative agency for personnel management purposes, the 15-day period may be shortened: <Amended on Dec. 11, 2013; Dec. 24, 2019; Jan. 5, 2021> |
| 1. | Where a person who retired to assume a position in non-career service or retired without receiving an honorary retirement allowance and was reappointed to the position within 3 years of retirement under Article 7-2(1)1, resigns from the non-career service position; |
| 2. | Where a public official in career service who was appointed to a fixed-term position, instead of a career-service position, without any interruption in public official status, resigns from the fixed-term position; |
| 3. | Where a person retires due to the change or abolition of the organizational structure or staffing quota, or other unavoidable reasons. |
| (3) | Notwithstanding paragraphs (1) and (2), if a person becomes eligible for an honorary retirement allowance under Article 3(4), he or she may file an application for such allowance within 3 years from the date he or she comes to fall under any of the subparagraphs of that paragraph. In such cases, the application, as specified in Form 1, shall be submitted to the head of the competent central administrative agency via the head of the agency the applicant was affiliated with prior to retirement, along with the documents falling under the subparagraphs of paragraph (1) and supporting materials evidencing that the applicant falls under any subparagraph of Article 3(4). <Added on Jun. 2, 2025> |
[This Article Wholly Amended on Jan. 26, 2012]
| Article 7 (Determination on payment of honorary retirement allowances) |
| (1) | Upon receiving an application for an honorary retirement allowance under Article 6, the head of a central administrative agency shall determine whether the applicant is eligible for payment within 10 days from the end of the application period (where the application is filed under Article 6(2) and (3), referring to the date of application; hereafter in this Chapter the same shall apply), taking into consideration the budget, etc. The same shall also apply where the applicant dies after submitting the application. <Amended on Jun. 2, 2025> |
| (2) | Before determining eligibility for voluntary retirement allowances under paragraph (1), the head of the central administrative agency shall verify whether the applicant is subject to payment restrictions under Article 3(3) and his or her continuous service period at the Board of Audit and Inspection of Korea, the Corruption Investigation Office for High-ranking Officials, the Public Prosecutors' Office, the Korean National Police Agency, the Public Officials Pension Service, etc. <Amended on Apr. 22, 2013; Jul. 14, 2020> |
| (3) | The head of the central administrative agency shall give preference to the following persons when making the determination under paragraph (1): |
| 1. | High-ranking public officials; |
| 2. | Public officials with long-term service. |
[This Article Wholly Amended on Jan. 26, 2012]
| Article 7-2 (Special cases concerning payment of honorary retirement allowances for public officials in career service who retired to assume non-career service positions) |
| (1) | Notwithstanding Article 6(1) and (3), if a person eligible for an honorary retirement allowance under Article 3(1) falls under any of the following cases, he or she shall apply for the allowance to the head of the central administrative agency classified as follows at the time of retirement from his or her position (in the case of Article 6(3), at the time he or she falls under any subparagraph of Article 3(4)). In such cases, if there is any unavoidable reason, such as the abolition of the relevant central administrative agency, the application shall be submitted to the head of an agency designated by the Minister of Personnel Management: <Amended on Nov. 19, 2014; Dec. 29, 2023; Jun. 2, 2025> |
| 1. | Where he or she who retires to assume a non-career service position as defined in Article 2 of the Act or Article 2 of the Local Public Officials Act (excluding public officials in political service; hereafter in this Article the same shall apply) or retires without receiving an honorary retirement allowance, and is reappointed as a public official in non-career service within 3 years of such retirement: The head of the central administrative agency to which the public official originally belong at the time of his or her retirement from the career-service position and immediately prior to the appointment to the non-career service position; |
| 2. | Where he or she is appointed as a public official in a fixed term position without interruption in public official status: The head of the central administrative agency to which he or she originally belonged during his or her tenure in the career-service position and immediately prior to the appointment to the fixed term position. |
| (2) | If a person who has applied for an honorary retirement allowance under the subparagraphs of paragraph (1) is not subject to restrictions on payment under Article 3(3), the head of the central administrative agency classified under the subparagraphs of paragraph (1) shall disburse the amount calculated under Appendix 1 to such person. In such cases, the monthly salary shall be calculated based on the time of retirement as a public official in career service immediately before assuming the relevant non-career service position, or the time of employment in a career service position immediately before being appointed as a public official in the relevant fixed term position, and the remaining period until retirement (only applicable where at least 1 year remains) shall be classified as follows: |
| 1. | Where a person falling under paragraph (1)1 applies for payment: The period calculated by subtracting the period between the retirement date as a public official in career service and the retirement date as a public official in non-career service, from the remaining period until retirement at the time of retirement from a career service position, immediately prior to the employment as a public official in non-career service; |
| 2. | Where a person falling under paragraph (1)2 applies for payment: The period calculated by subtracting the period of service as a public official in a fixed term position from the remaining period until retirement at the time of employment as a public official in the fixed-term position, immediately prior to appointment to the fixed-term position. |
[This Article Wholly Amended on Dec. 11, 2013]
| Article 8 (Notification of persons eligible for honorary retirement allowance) |
Upon determining that a person is eligible for a voluntary retirement allowance under Article 7(1), the head of a central administrative agency shall immediately notify the applicant (referring to a person entitled to inheritance under the Civil Act in cases falling under the latter part of Article 7(1)) through the head of the affiliated institution. [This Article Wholly Amended on Jan. 26, 2012]
| Article 8-2 Deleted. <Oct. 14, 2008> |
| Article 9 (Revocation of determination of persons eligible for honorary retirement allowances) |
If a person determined to be eligible for an honorary retirement allowance is found to fall under any subparagraph of Article 3(3) during the period from the application period for the honorary retirement allowance until the date of honorary retirement, the head of the central administrative agency shall revoke the determination without delay. In such cases, Article 8 shall apply mutatis mutandis to the notification of revocation of such determination. <Amended on Dec. 29, 2023> [This Article Wholly Amended on Jan. 26, 2012]
| Article 9-2 (Public officials subject to recovery of honorary retirement allowances by the State) |
"Public officials prescribed by Presidential Decree" in Article 74-2(3)2 of the Act means the following public officials: [This Article Wholly Amended on Jan. 26, 2012]
| Article 9-3 (Amount of recovery and settlement of honorary retirement allowances) |
| (1) | If an honorary retirement allowance is to be recovered due to reasons under the subparagraphs of Article 74-2(3) of the Act, the standards for calculating the amount of recovery shall be as specified in Appendix 4. |
| (2) | If a person who has repaid the recovery amount under paragraph (1) due to the reason under Article 74-2(3)2 of the Act has worked for a period shorter than the period used to calculate the recovered amount (referring the period excluding the period from the date of honorary retirement and the date of reappointment from the remaining period until retirement at the time of retirement as a public official in career service), the honorary retirement allowance shall be recalculated and disbursed in accordance with Appendix 4; provided, no settlement amount shall be paid to a person who retires as a public official in political service. |
[This Article Wholly Amended on Jan. 26, 2012]
| Article 9-4 (Procedures for recovery and settlement of honorary retirement allowances) |
| (1) | The head of the central administrative agency that has paid an honorary retirement allowance (hereinafter referred to as the "head of the central administrative agency responsible for payment") shall, without delay, issue a notice of recovery of the honorary retirement allowance (hereinafter referred to as the "notice of recovery") if the person who received the allowance falls under Article 74-2(3)1, 1-2, 1-3, or 3 of the Act, and if the person who received the notice fails to repay the notified amount within 30 days of receipt, the amount may be collected in the same manner as national taxes are compulsorily collected under the former part of Article 74-2(4) of the Act. <Amended on Apr. 22, 2013; Nov. 30, 2021> |
| (2) | If a person who has received an honorary retirement allowance is reappointed as a public official falling under any of the following subparagraphs (excluding those in political service appointed through election), the head of the relevant central administrative agency classified as follows shall, without delay, issue a notice of recovery to the person reappointed, and if the person who has received the notice of recovery fails to make the payment within 30 days from the date of receiving the notice, the amount may be collected in the same manner as national taxes are compulsorily collected under the former part of Article 74-2(4) of the Act: <Amended on Apr. 22, 2013; Nov. 30, 2021; Dec. 29, 2023> |
| 1. | A public official falling under Article 2(2) and (3) of the Act: The head of the central administrative agency to which the person is reappointed; |
| (3) | If the person who has received the notice of recovery under paragraphs (1) and (2) fails to make the payment by the due date, interest shall be added to the notified amount, and the statutory interest rate under Article 3(1) shall apply when calculating the interest. <Amended on Nov. 30, 2021> |
| (4) | The head of the central administrative agency required to issue a notice of recovery to a public official reappointed under paragraph (2)1, may request the head of the central administrative agency responsible for payment to provide relevant data to ensure recovery, etc. of the honorary retirement allowance. <Added on Dec. 24, 2019; Nov. 30, 2021; Dec. 29, 2023> |
| (5) | If a person who has paid the recovery amount under paragraph (2) retires, the head of the central administrative agency that has recovered the honorary retirement allowance from him or her shall disburse the settlement of the honorary retirement allowance under Article 9-3(2) on his or her retirement date (within 30 days from the retirement date in avoidable cases such as budgetary constraints, etc.). <Amended on Apr. 22, 2013; Dec. 24, 2019; Nov. 30, 2021> |
| (6) | If a person who has received the honorary retirement allowance under Article 66-2(1) of the Local Public Officials Act is reappointed as a public official under Article 2(2) or (3) of the Act (excluding those in political service appointed through election) or if a reappointed public official retires, the head of a central administrative agency shall, without delay, notify the head of the local government or the chairperson of the local council who has disbursed the allowance of such fact to ensure smooth implementation of recovery and settlement procedures. <Added on Apr. 22, 2013; Dec. 24, 2019; Nov. 30, 2021> |
| (7) | If the head of a central administrative agency responsible for payment or the head of a central administrative agency under the subparagraphs of paragraph (2) intends to entrust the collection of overdue recovery amount under the latter part of Article 74-2(4) of the Act, he or she shall notify the head of the competent tax office by submitting a collection request form that includes the name and address of the person subject to collection, the amount to be collected, etc., along with documents proving that collecting the overdue amount is essentially impracticable. <Added on Nov. 30, 2021> |
[This Article Wholly Amended on Jan. 26, 2012]
| Article 9-5 (Verification of punishment) |
The head of the central administrative agency responsible for payment shall verify whether a person who has received an honorary retirement allowance falls under Article 74-2(3)1, 1-2, and 1-3 of the Act as of June 30 and December 31 of each year, and if a person is found to fall under the same provisions, shall take measures necessary to recover the amount and notify the Minister of Personnel Management of the results of such verification and recovery measures within 30 days from each verification date. <Amended on Mar. 23, 2013; Apr. 22, 2013; Nov. 19, 2014> [This Article Wholly Amended on Jan. 26, 2012]
| Article 10 (Special cases concerning educational officials) |
| (1) | When necessary to pay honorary retirement allowances to educational and firefighting officials whose salaries are funded from local governments' budget, the Minister of Education or the Commissioner of the National Fire Agency may, in consultation with the Director of the Ministry of Personnel Innovation, prescribed and implement special provisions regarding Articles 5 through 7, Article 7-2, Article 8, Article 9, and Articles 9-2 through 9-5. <Amended on Mar. 23, 2013; Nov. 19, 2014; Mar. 10, 2020> |
| (2) | When necessary for the payment of honorary retirement allowances to military personnel and the staff members of the National Intelligence Service, the Minister of National Defense or the Director of the National Intelligence Service may, in consultation with the Director of the Ministry of Personnel Management and the Minister of Planning and Budget, prescribed and implement special provisions regarding Articles 5 through 7, 7-2, 8, 9, and Articles 9-2 through 9-5. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2025> |
[This Article Wholly Amended on Jan. 26, 2012]
CHAPTER III EARLY RETIREMENT ALLOWANCES AND VOLUNTARY RETIREMENT ALLOWANCES
| Article 11 (Eligibility for early retirement allowances and voluntary retirement allowances and amount thereof) |
| (1) | A person eligible to receive an early retirement allowance shall be a public official in career service (excluding those in fixed-term positions) who has served for at least 1 year but less than 20 years and who retires voluntarily within 3 months from the date his or her position is eliminated or the staffing levels are exceeded due to the change or abolition of the organizational structure or staffing levels, the budget reduction, etc. <Amended on Dec. 11, 2013; Jan. 5, 2021> |
| (2) | A person eligible to receive a voluntary retirement allowance shall be a public official in extraordinary civil service (excluding secretaries and assistants) who has served for at least 1 year and who retires voluntarily within 3 months from the date his or her position is eliminated or the staffing levels are exceeded due to the change or abolition of the organizational structure or staffing levels, the budget reduction, etc. <Amended on Jan. 5, 2021> |
| (3) | The amount of early retirement allowances under paragraph (1) and the amount of voluntary retirement allowances under paragraph (2) shall be equivalent to the 6-months' salary at the time of retirement; provided, if the remaining period before reaching the retirement age or maximum service age is less than 6 months, the amount corresponding to the remaining period shall apply. |
| (4) | A person who falls under any subparagraph of Article 3(3) as of the application date for the payment of an early retirement allowance shall be excluded from eligibility for the allowance. |
| (5) | Any of the following persons shall be excluded from eligibility for an honorary retirement allowance: <Amended on Apr. 22, 2013; Dec. 11, 2013> |
| 1. | A person eligible for an honorary retirement allowance or settlement thereof under this Decree or other statutes or regulations; |
| 2. | Any of the following persons as of the application date for a voluntary retirement allowance: |
| a. | A person for whom a resolution on disciplinary action shall be requested after being notified of the results of an investigation by an investigative agency under Article 83(3) of the Act; |
| b. | A person against whom a disciplinary action has been requested by the head of a relevant administrative agency, such as the Board of Audit and Inspection of Korea; |
| c. | A person for whom a resolution on disciplinary action has been requested to the Disciplinary Committee; |
| d. | A person currently under disciplinary action; |
| 3. | A person who falls under Article 3(3)2 through 5 as of the application date for a voluntary retirement allowance. |
| (6) | A person who was excluded from eligibility for an early retirement allowance or voluntary retirement allowance under paragraph (4) or (5)3 of this Article due to falling under Article 3(3)2 or 3, may be eligible, notwithstanding paragraph (4) and (5) if, after retirement, a case related to Article 3(3)2 or 3 falls under any of the following subparagraphs: <Added on Jun. 2, 2025> |
| 1. | Where an audit agency has notified the termination of an investigation after he or she was not found to have committed any unlawful or improper act; |
| 2. | Where a judicial police officer has not referred the case for prosecution; |
| 3. | Where a prosecutor (including a prosecutor affiliated with the Corruption Investigation Office for High-Ranking Officials) renders a disposition of non-prosecution on the grounds of lack of suspicion, absence of a crime, lack of prosecutorial authority, or dismissal; |
| 4. | Where a final and conclusive court judgment of acquittal, judgment of exemption from prosecution, judgment of dismissal of indictment, or decision of dismissal of indictment has been rendered. |
[This Article Wholly Amended on Jan. 26, 2012]
| Article 12 (Application for payment of early retirement allowances and voluntary retirement allowances) |
| (1) | A person who intends to receive an early retirement allowance or voluntary retirement allowance (hereinafter referred to as "early retirement allowances, etc.") shall submit an application for early retirement allowances, etc. using Form 3 to the head of the affiliated central administrative agency via the head of the affiliated institution, along with the following documents, within the period under Article 11(1) or (2): <Amended on Jun. 2, 2025> |
| 1. | One copy of the personnel record card; provided, if the information can be verified electronically, submission may be omitted; |
| 2. | One copy of the application for early retirement or voluntary retirement (Form 2); provided, the submission may be omitted if the application is filed under paragraph (2); |
| (2) | Notwithstanding paragraph (1), if a person becomes eligible for an early retirement allowance, etc. under Article 11(6), he or she may file an application for such allowance within 3 years from the date he or she comes to fall under any subparagraph of that paragraph. In such cases, the application, as specified in Form 3, shall be submitted to the head of the competent central administrative agency via the head of the agency the applicant was affiliated with prior to retirement, along with the documents falling under the subparagraphs of paragraph (1) and supporting materials evidencing that the applicant falls under any subparagraph of Article 11(6). <Added on Jun. 2, 2025> |
| (3) | Upon receiving an application for early retirement allowances, etc. under paragraph (1) or (2), the head of a central administrative agency shall determine whether to disburse the amount within 10 days, and immediately notify the applicant of the decision via the head of the affiliated institution. <Amended on Jun. 2, 2025> |
| (4) | Before deciding whether to make the payment under paragraph (3), the head of the central administrative agency shall verify whether the applicant is subject to payment restrictions under Article 11(4) or (5) and his or her continuous service period at the Board of Audit and Inspection of Korea, the Corruption Investigation Office for High-ranking Officials, the Public Prosecutors' Office, the Korean National Police Agency, the Public Officials Pension Service, etc. <Amended on Apr. 22, 2013; Jul. 14, 2020; Jun. 2, 2025> |
| (5) | Article 5(2) and (3) shall apply mutatis mutandis to the date of payment of early retirement allowances, etc. In such cases, "voluntary retirement allowance" shall be construed as "early retirement allowance, etc.", "Article 3(4)" as "Article 11(6)", and "Article 7(1)" as "Article 12(3)". <Added on Dec. 24, 2019; Jun. 2, 2025> |
[This Article Wholly Amended on Jan. 26, 2012]
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 13 (Detailed operating rules) |
The method of determining persons eligible for honorary retirement allowances and early retirement allowances, etc., the method of payment, and other details necessary for the enforcement of this Decree shall be determined by the Minister of Personnel Management and Innovation. <Amended on Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Jan. 26, 2012]
ADDENDA <Presidential Decree No. 10482, Oct. 14, 1981>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional measures) This Decree may apply to persons who retired before the date of the first public announcement of allowance payment after May 31, 1981 (in cases of public officials who are subject to special provisions prescribed and implemented under Article 10, the first public announcement of allowance payment or another equivalent date) and who meets the requirements under Article 3. |
ADDENDA <Presidential Decree No. 10923, Sep. 27, 1982>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Repeal of statutes or regulations) The Regulations on Payment of Meritorious Retirement Allowances for Police Officials, the Regulations on Payment of Meritorious Retirement Allowances for Firefighting Officials, and the Regulations on Payment of Meritorious Retirement Allowances for Educational Officials shall be repealed. |
| (3) | (Transitional measures) Any person who has applied for allowances under the previous provisions as at the time this Decree enters into force shall be governed by the previous provisions. |
ADDENDUM <Presidential Decree No. 12813, Oct. 11, 1989>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 13282, Feb. 1, 1991>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 13400, Jun. 27, 1991>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 13918, Jun. 28, 1993>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 13949, Aug. 7, 1993>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 14351, Aug. 2, 1994>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 15142, Aug. 28, 1996>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15690, Feb. 28, 1998>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16211, Mar. 31, 1999>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17275, Jun. 30, 2001>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2001.
ADDENDA <Presidential Decree No. 17672, Jul. 13, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17958, Apr. 7, 2003>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18416, Jun. 11, 2004>
Article 1 (Enforcement date)
This Decree shall enter into force on June 12, 2004.
ADDENDA <Presidential Decree No. 18450, Jun. 29, 2004>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional measures concerning payment of honorary retirement allowances to public officials in career service who retired to assume non-career service positions) The amended provisions of Article 7-2 shall apply to public officials eligible for honorary retirement allowances under Article 3(1) before this Decree enters into force, who retired to assume non-career service positions as defined in Article 2 of the Act or Article 2 of the Local Public Officials Act (excluding public officials in political service; hereinafter referred to as "public officials in non-career service") and who are serving the positions as at the time of enforcement of this Decree. |
ADDENDA <Presidential Decree No. 19307, Jan. 27, 2006>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation, and the amended provisions of paragraph (3) of Addenda shall begin to apply from January 1, 2006. |
| (2) | (Transitional measures concerning number of months remaining until retirement for calculating the amount of honorary retirement allowances) Notwithstanding the amended provisions of Appendix 1, the previous provisions shall apply to the calculation of the number of months remaining until retirement for a person who has applied for an honorary retirement allowance under the previous provisions as at the time this Decree enters into force. |
ADDENDA <Presidential Decree No. 19838, Jan. 19, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to special cases concerning payment of honorary retirement allowances)
The amended provisions of Article 7-2 shall apply where a person eligible for an honorary retirement allowance under Article 3(1) who retired prior to the enforcement of this Decree without receiving the allowance, is reappointed to a non-career service position within 3 years of his or her retirement and is currently in service, or is to be reappointed. Article 3 (Applicability to recovery of honorary retirement allowances for public officials reappointed after honorary retirement)
| (1) | The amended provisions of subparagraph 2 of Article 9-2, Articles 9-3, and 9-4(3) and (4) shall begin to apply to those reappointed after this Decree enters into force. |
| (2) | The amended provisions of Article 9-4(2) shall begin to apply to recovery amounts collected due to the occurrence of grounds for recovery after this Decree enters into force. |
ADDENDA <Presidential Decree No. 20368, Nov. 12, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 21082, Oct. 14, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures)
The previous provisions shall apply to those who have applied for honorary retirement allowances in accordance with the previous regulations as at the time this Decree enters into force, or who intend to apply for early retirement allowances or voluntary retirement allowances due to the change or abolition of the organizational structure or staffing levels or budget reduction, which occur before this Decree enters into force.
ADDENDA <Presidential Decree No. 22617, Jan. 10, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation, and shall be effective from January 1, 2011.
ADDENDA <Presidential Decree No. 22708, Mar. 15, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation, and shall be effective from January 1, 2011.
ADDENDA <Presidential Decree No. 23015, Jul. 4, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on August 24, 2011.
ADDENDA <Presidential Decree No. 23497, Jan. 6, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation, and shall be effective from January 1, 2012 (the amended provisions of Article 44 shall be effective from August 29, 2011). (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 23553, Jan. 26, 2012>
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, the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the dates on which they are to enter into force have yet to arrive among the Presidential Decrees to be amended under Article 6 of the Addenda, shall enter into force on the dates the relevant Presidential Decrees enter into force, respectively.
ADDENDA <Presidential Decree No. 24505, Apr. 22, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on April 23, 2013.
Article 2 (Applicability to restrictions on payment of honorary retirement allowances)
The amended provisions of Article 3(3)1 shall begin to apply to public officials against whom a disciplinary action is requested after this Decree enters into force. Article 3 (Applicability to recovery and settlement of honorary retirement allowances)
| (1) | The recovery of honorary retirement allowances under the amended provisions of Article 9-4(1) shall begin to apply to those who receive honorary retirement allowances after this Decree enters into force. |
| (2) | If a public official who falls under Article 2(2) and (3) of the Act in accordance with Article 9-4(3)1 is reappointed as a public official who falls under Article 2(2) and (3) of the Local Public Officials Act before this Decree enters into force and retires after this Decree enters into force, the head of the agency that has recovered the honorary retirement allowance shall settle and disburse the amount. |
Article 4 (Applicability to restrictions on payment of voluntary retirement allowances)
The amended provisions of Article 11(5)2 shall begin to apply to public officials against whom a disciplinary action is requested after this Decree enters into force.
ADDENDA <Presidential Decree No. 24921, Dec. 11, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on December 12, 2013.
Article 2 (Applicability to exclusion from payment of honorary retirement allowances, early retirement allowances, and voluntary retirement allowances)
The amended provisions of Articles 3(3)1 and 11(5)2 shall begin to apply to cases where the results of an investigation by an investigative agency are notified after this Decree enters into force. Article 3 (Transitional measures concerning payment of honorary retirement allowances to persons appointed to former contractual positions after retirement as public officials in career service)
Notwithstanding the amended provisions of Article 7-2, the previous provisions shall apply to the payment of honorary retirement allowances to persons appointed to contractual service positions after retirement from office as public officials in career service before this Decree enters into force.
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, the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the dates on which they are to enter into force have yet to arrive among the Presidential Decrees to be amended under Article 5 of the Addenda, shall enter into force on the dates the relevant Presidential Decrees enter into force, respectively.
ADDENDA <Presidential Decree No. 26568, Sep. 25, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning amendment of forms)
The forms under the previous provisions as at the time this Decree enters into force may be used together with the forms under this Decree for 3 months after this Decree enters into force.
ADDENDA <Presidential Decree No. 26877, Jan. 8, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDA <Presidential Decree No. 30267, Dec. 24, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special cases concerning payment of honorary retirement allowances to prosecutors)
| (1) | If a prosecutor who is or was in office in any of the following positions (hereinafter referred to as "relevant position") as at the time this Decree enters into force, retires after this Decree enters into force, he or she shall be paid an honorary retirement allowance by applying the amended provisions of Article 3(1)2 only if the period of his or her service in the relevant position before this Decree enters into force is less than 2 years and 6 months, but the amount of such allowance shall be calculated in accordance with the formula under paragraph (2), notwithstanding Article 4. In such cases, the number of months of service in the relevant position shall be calculated by aggregating the period of service in the relevant position before this Decree enters into force, and at least 15 days shall be counted as 1 month: |
| 1. | Positions under subparagraphs 5 through 10 and 13 of Article 2 of the Regulations on the Scope of Positions of Prosecutors of the Supreme Prosecutors' Office at the Prosecutor Level or Higher; |
| 2. | Positions under subparagraph 11 of Article 2 of the previous Regulations on the Scope of Positions of Prosecutors of the Supreme Prosecutors' Office at the Prosecutor Level or Higher (referring to the Regulations before being amended by Presidential Decree No. 26098); |
| 3. | Positions under subparagraph 12 of Article 2 of the previous Regulations on the Scope of Positions of Prosecutors of the Supreme Prosecutors' Office at the Prosecutor Level or Higher (referring to the Regulations before being amended by Presidential Decree No. 28221). |
| (2) | The amount of honorary retirement allowances to be paid to prosecutors who have served in the relevant position under paragraph (1) shall be calculated in accordance with the following formula: Amount of honorary retirement allowances to be paid = Honorary retirement allowances calculated under Appendix 1 x 30 months ? period of service/30 months |
ADDENDUM <Presidential Decree No. 30515, Mar. 10, 2020>
This Decree shall enter into force on April 1, 2020. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 30833, Jul. 14, 2020>
This Decree shall enter into force on July 15, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 32165, Nov. 30, 2021>
This Decree shall enter into force on December 9, 2021; provided, the amended provisions of Article 9-4(6) shall enter into force on January 13, 2022.
ADDENDA <Presidential Decree No. 34084, Dec. 29, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to persons exempt from honorary retirement allowances)
The amended provisions of the proviso of Article 3(1) shall also apply to persons who paid the full amount of honorary retirement allowances as recovery amount before the enforcement of this Ordinance due to falling under subparagraphs 1, 1-2, 1-3, or 2 of Article 74-2 of the Act. Article 3 (Applicability to notification of revocation of determination of eligibility for honorary retirement allowances)
The amended provisions of the latter part of Article 9 shall begin to apply where the determination of eligibility for honorary retirement allowances is revoked after this Decree enters into force. Article 4 (Transitional measures concerning compulsory collection following change of starting point for calculation of deadline for payment of recovery amount)
| (1) | Notwithstanding the amended provisions, with the exception of the subparagraphs, of Article 9-4(2), the previous provisions shall apply to the deadline for payment of recovery money by a person who has received a notice of recovery before this Decree enters into force. |
| (2) | Notwithstanding paragraph (1), the amended provisions, with the exception of the subparagraphs, of Article 9-4(2) shall apply to persons who have received a notice of recovery as at the time this Decree enters into force and for whom the deadline for payment of the recovery amount has not expired. |
ADDENDA <Presidential Decree No. 35589, Jun. 2, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to eligibility for honorary retirement allowances)
| (1) | The amended provisions of Article 3(3)6 shall begin to apply to those who retire after this Decree enters into force. |
| (2) | The amended provisions of Articles 3(4), 5(2), 6(1) and (3), 7(1), 7-2(1), and Form 1 shall begin to apply to those who apply for an honorary retirement allowance after the enforcement of this Decree, but shall also apply to those who applied for such allowance before the enforcement of this Decree but retire after its enforcement. |
Article 3 (Applicability to eligibility for early retirement allowances)
| (1) | The amended provisions of Articles 11(6) and 12, and Form 3 shall begin to apply to those who apply for an early retirement allowance, etc. after the enforcement of this Decree, but shall also apply to those who applied for such allowance before the enforcement of this Decree but retire after its enforcement. |
ADDENDA <Presidential Decree No. 35948, Dec. 30, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on January 2, 2026; provided, among the Presidential Decrees amended under Article 4 of the Addenda, amendments to Presidential Decrees that were promulgated before this Decree enters into force but whose enforcement dates have not yet arrived shall enter into force on the respective enforcement dates of such Presidential Decrees.