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Military Pension Act


Published: 2013-03-23

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to provide military personnel or their bereaved family with adequate benefits where military personnel have retired from faithful military service for a considerable period, have retired or died due to mental or physical disabilities, or receive medical care due to a disease or injury incurred in the line of duty, thereby contributing to the stability of the livelihood and the improvement of welfare of military personnel and their bereaved families.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 2 (Scope of Application)   print
This Act shall apply to military personnel in active service or in service after called up for military service: Provided, That only Articles 31 and 32 shall apply to the following persons:
1. Non-commissioned officers appointed not by volunteering;
2. Soldiers;
3. Officer candidates: Provided, That those who applied for officer candidate during military service (hereinafter referred to as "officer candidate who applied during military service") as warrant officer or non-commissioned officer (excluding a non-commissioned officer referred to in subparagraph 1) shall be excluded.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 3 (Definitions)   print
(1) The definitions of terms used in this Act shall be as follows:
1. The term "the monthly standard income" means the amount calculated by averaging out the total amount of taxable yearly income by 12 months that is obtained as a result of military service for a certain period, which serves as the basis of the calculation of contributions and benefits. In such cases, matters regarding the scope of taxable income included in the monthly standard income, methods for determining the amount of monthly standard income and the period of application shall be prescribed by Presidential Decree;
2. The term "the average monthly standard income" means the amount calculated by dividing by the service period the total amount of monthly standard income paid each year during the service period, after converting the amount into the current value as of the date on which a reason for benefits arises (where a reason for benefits occurs due to retirement from service or after retirement from service, referring to the day before the retirement date; hereinafter the same shall apply), taking into account the military pay raise percent, etc. as prescribed by Presidential Decree;
3. The term "retirement" means discharge, retirement, or expulsion from military service;
4. The term "bereaved family" means the following persons supported by a person who is or was a soldier as at the time of his/her death: Provided, That where compensation for death under Article 31 is paid, such persons shall be deemed the bereaved family regardless whether they are supported:
(a) Spouses (including a person who has a de facto matrimonial relationship; excluding a spouse to whom he/she was married at the age of 61 or older after his/her retirement);
(b) Children (excluding children who were born or adopted when he/she was 61 years or older after his/her retirement; but an unborn child when he/she was 60 years old after his/her retirement shall be regarded as a child born to him/her during the service period; hereinafter the same shall apply);
(c) Parents (excluding parents who adopted him/her after the date of his/her retirement);
(d) Grandchildren (excluding grandchildren who were born or adopted when he/she was 61 years or older after his/her retirement; but an unborn child when he/she was 60 years old after his/her retirement shall be regarded as a grandchild who is born to him/her during the service period; hereinafter the same shall apply);
(e) Grandparents (excluding grandparents who adopted him/her after the date of his/her retirement);
5. The term "contribution" means expenses incurred for benefits, which is borne by a soldier;
6. The term "apportioned amount" means expenses incurred for benefits, which are borne by the State;
7. The term "line of special duty death" means cases where a soldier who had sustained injuries prescribed by Presidential Decree in the line of duty at great risk to his/her life and body died from such injuries as the immediate cause of death.
(2) Children referred to in paragraph (1) 4 shall be limited to those under the age of 19 and those over the age of 19 with the degree of disability prescribed by Presidential Decree.
(3) Grandchildren referred to in paragraph (1) 4 shall be limited to those who fall under any of the following, who have no father or whose father has the degree of disability prescribed by Presidential Decree:
1. Grandchildren under the age of 19;
2. Grandchildren over the age of 19 with the degree of disability prescribed by Presidential Decree.
(4) An unborn child of a person who is or was a soldier as at the time of his/her death shall be considered to have been already born when paying benefits under this Act.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 4 (Refund of Contributions)   print
(1) To a person not entitled to benefits under this Act and who was a soldier, or to his/her bereaved family, the amount of money calculated by adding interest prescribed by Presidential Decree to contributions made by him/her during his/her service in the military shall be refunded.
(2) Paragraph (1) shall also apply where the amount of benefits is less than the amount of money calculated by adding interest prescribed by Presidential Decree to the total contributions.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 5 (Request for Examination)   print
(1) Any person dissatisfied with the decision on benefits, the collection of contributions, and benefits under this Act may file a request for examination with the Military Pensions and Benefits Review Committee, as prescribed by Presidential Decree.
(2) A request for examination referred to in paragraph (1) shall be filed within 180 days from the date on which a decision on benefits, etc. is made or within 90 days from the date on which the decision is learned: Provided, That this shall not apply where it is proved that a request for examination failed to be filed due to a justifiable cause within such period.
(3) The Military Pensions and Benefits Review Committee under paragraph (1) shall be set up in the Ministry of National Defense, and the composition and operation thereof and other necessary matters shall be prescribed by Presidential Decree.
(4) No administrative appeal under the Administrative Appeals Act shall be filed against decisions on benefits, the collection of contributions or benefits under this Act.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
CHAPTER II BENEFITS
SECTION 1 Common Provisions
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 Article 6 (Kinds of Benefits)   print
The kinds of benefits shall be as follows:
1. A retirement pension;
2. A retirement pension in one lump sum;
3. A retirement pension in one lump sum after deduction;
4. A severance pay in one lump sum;
5. A pension for wounds;
6. A survivor's pension;
7. A survivor's pension supplement;
8. A survivor's pension special supplement;
9. A survivor's pension in one lump sum;
10. A lump sum payment to the bereaved family;
11. Compensation for death;
12. Compensation for disability;
13. Condolence money;
14. Disaster aid;
15. A retirement allowance;
16. Expenses for medical care of a disease or injury incurred in the line of duty.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 7 (Protection of Right)   print
No right to benefits shall be transferred, seized, or offered as collateral: Provided, That this shall not apply where the right to benefits falls under any of the following cases:
1. Where the right is offered to a financial institution, etc. as collateral, as prescribed by Presidential Decree;
2. Where the right is offered to the State as collateral for a loan from the Military Pension Fund under Article 37, or a loan under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and the Support for Discharged Soldiers Act;
3. Where the disposition on default is made pursuant to the National Tax Collection Act or the Framework Act on Local Taxes.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 8 (Prescription)   print
(1) The right to benefits shall be extinguished upon completion of prescription unless it is exercised for five years from the date on which a reason for benefits occurs: Provided, That the right to the benefits of condolence money, disaster aid, and expenses for medical care of a disease or injury incurred in the line of duty shall be extinguished upon completion of prescription unless it is exercised for three years from the date on which a reason for benefits occurs. <Amended by Act No. 11632, Mar. 22, 2013>
(2) Deleted. <by Act No. 3397, Mar. 24, 1981>
(3) The right to get contributions refunded shall be extinguished upon completion of prescription unless it is exercised for five years from the date on which a reason for benefits occurs. <Amended by Act No. 11632, Mar. 22, 2013>
(4) Where a soldier cannot exercise the rights under paragraphs (1) and (3) due to war, incident, or other unavoidable circumstances, he/she may obtain an extension of such period within two years, as prescribed by Presidential Decree. <Amended by Act No. 11632, Mar. 22, 2013>
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 Article 9 (Period of Effectiveness)   print
When the period of request for benefits or examination under this Act is calculated, if a document to make such request is sent by mail before the completion of prescription, the number of days taken for delivery by mail shall excluded in calculating such period.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 10 (Confirmation of Grounds for Benefits and Determination of Benefits)   print
(1) The Minister of National Defense shall determine and pay various benefits as requested with the confirmation of the chief of staff of the armed force to which the relevant soldier entitled to such benefits belongs, but where he/she determines a pension for wounds under Article 23, a survivor's pension under Article 26 (1) 3 and expenses for medical care of a disease or injury incurred in the line of duty under Article 30-5, his/her determination shall be subject to deliberation by the Military Pensions and Benefits Council.
(2) Where the Military Pensions and Benefits Council deliberates on grounds for providing benefits under paragraph (1), such as a pension for wounds, survivor's pension, and expenses for medical care of a disease or injury incurred in the line of duty, the standard for acknowledgment of a disease, injury or death incurred in the line of duty shall be prescribed by Presidential Decree.
(3) The Military Pensions and Benefits Council under paragraph (1) shall be established under the Ministry of National Defense, and matters concerning the composition and operation thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 11 (Delegation or Entrustment of Determination and Payment of Benefits)   print
(1) The Minister of National Defense may delegate his/her authority over the determination and payment of benefits under Article 10 (1) to the chief of staff of each armed force, the commanding officer of each military unit under the direct control of the Ministry of National Defense or the head of each agency under the direct control of the Ministry of National Defense, as prescribed by Presidential Decree.
(2) The Minister of National Defense may entrust the payment of compensation for death under Article 31 to the Minister of Patriots and Veterans Affairs, and the payment of other benefits to the head of a postal service office or a financial institution, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 12 (Order of Priority in Bereaved Family Members)   print
The order of priority in bereaved family members eligible for benefits shall be in accordance with the order of priority of inheritance.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 13 (Competition between Persons with Same Priority)   print
Where at least two persons with the same priority in the bereaved family exist, benefits shall be paid equally, and methods of payment thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 14 (Special Cases on Beneficiaries of Benefits)   print
Where a person who is or was a soldier died but no bereaved family exists, the amount of money within the limits prescribed by Presidential Decree shall be paid to his/her lineal descendent or lineal ascendent, and where even neither lineal descendent nor lineal ascendent exists, it shall be used for the deceased soldier.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 15 (Redemption of Benefits)   print
(1) Where a person who received benefits falls under any of the following cases, the Minister of National Defense (including the Minister of Patriots and Veterans Affairs entrusted with the payment of compensation for death pursuant to Article 11 (2); hereinafter the same shall apply in this Article) shall redeem such benefits. In such cases, where the person falls under subparagraph 1, the Minister of National Defense shall collect benefits by adding interest and expenses incurred in redemption prescribed by Presidential Decree thereto, and where benefits fall under subparagraph 2, 3 or 4 and the person liable to return benefits fails to return by the deadline, the Minister of National Defense shall collect such benefits by adding interest prescribed by Presidential Decree thereto:
1. Where the person received benefits by unlawful means;
2. Where the person received benefits excessively because he/she had belatedly reported or failed to report matters under Article 42;
3. Where the reason for providing benefits was extinguished retroactively after the person had received such benefits;
4. Where benefits were paid wrongly.
(2) Redemption of benefits under paragraph (1) shall be made by referring to practices of the disposition on default of national taxes under the National Tax Collection Act.
(3) Where the Minister of National Defense redeems benefits pursuant to paragraph (1) and there is a reason falling under any of the following, he/she may write off such benefits: Provided, That in cases referred to in subparagraphs 1 and 3, where property that may be attached is found after a write-off, he/she shall cancel such write-off without delay and collect the benefits by referring to practices of the disposition on default of national taxes under the National Tax Collection Act:
1. Where the disposition on default is completed and the allotted amount appropriated to the amount of default is less than the amount of such default;
2. Where extinctive prescription on the relevant right is completed;
3. Other cases where it is impossible for him/her to collect benefits, corresponding to grounds prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 15-2 (Deducted Payment of Unpaid Amount)   print
Where a person who is or was a soldier or a person eligible for survivor's benefits has the following debts, the Minister of National Defense may pay benefits under this Act (excluding expenses of medical care of a disease or injury incurred in the line of duty under Article 30-5, compensation for death under Article 31, compensation for disability under Article 32, condolence money under Article 32-2 and disaster aid under Article 32-3) after deducting such debt therefrom: Provided, That with respect to a benefit which is a pension, the amount exceeding a half of such pension shall not be deducted from the pension paid every month:
1. Principal and interest of redeemed benefits under Article 15;
2. Principal and interest of the returned amount under Article 16-2 (2) and (3);
3. Unpaid contributions where contributions under Article 38 are unpaid;
4. Unpaid principal and interest of a loan and interest on arrears of repayment under the Military Welfare Fund Act;
5. The balance related to the adjustment of the amount under the suspension of payment (referring to the amount under the suspension of payment where the amount of income has been determined pursuant to the Income Tax Act) under Article 21-2 (2) (including cases where it is applied mutatis mutandis in Article 25).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 16 (Calculation of Service Period)   print
(1) The service period of a soldier shall be calculated based on the number of years and months, starting from the month to which the date of his/her employment belongs to the month in which the day before the date of his/her retirement or the date of his/her death falls. <Amended by Act No. 11632, Mar. 22, 2013>
(2) The military service periods of a person who was appointed as a warrant officer or a commissioned officer from a non-commissioned officer (excluding a non-commissioned officer referred to in subparagraph 1 of Article 2), or a person who was appointed as a commissioned officer from a warrant officer shall be added together, and a period of officer candidate for which he/she applied during military service shall be included in such period. <Amended by Act No. 11632, Mar. 22, 2013>
(3) Deleted. <by Act No. 4034, Dec. 29, 1988>
(4) The period during which a soldier was in action shall be tripled. <Amended by Act No. 11632, Mar. 22, 2013>
(5) The service period of a soldier in active service or a non-commissioned officer appointed not by volunteering under the Military Service Act (among the military service periods by the defense call-up, full-time reserve call-up or reservist duty call-up, including the service period prescribed by Presidential Decree) before he/she is employed as a soldier governed by this Act may be included in the service period referred to in paragraph (1) as he/she wishes. In such cases, a person intending to include the service period shall submit an application for inclusion of service period to the Minister of National Defense. <Amended by Act No. 11632, Mar. 22, 2013>
(6) Where a retired soldier, public official or private school teacher (excluding a person who was not governed by the Military Pension Act, the Public Officials Pension Act, or the Pension for Private School Teachers and Staff Act) serves as a soldier, he/she may add up his/her service period or tenure of office under the former relevant Pension Act to the service period referred to in paragraph (1) as he/she wishes. <Amended by Act No. 11632, Mar. 22, 2013>
(7) Deleted. <by Act No. 11632, Mar. 22, 2013>
(8) When the service period is calculated, the service period of a person who served for at least 19 years and 6 months but less than 20 years shall be regarded as 20 years. <Amended by Act No. 11632, Mar. 22, 2013>
(9) The calculation of the service period shall not retroact before the year of the establishment of the Government of the Republic of Korea. <Amended by Act No. 11632, Mar. 22, 2013>
(10) The period added pursuant to paragraphs (4) and (8) or the service period under paragraph (5) or (6) shall not be added to or included in the service period referred to in paragraph (1) when paying a retirement allowance. <Amended by Act No. 11632, Mar. 22, 2013>
(11) When the service period is calculated in relation to the payment of a retirement allowance, a half shall be subtracted from the period of a leave of absence excluding leaves of absence for the following reasons, the period of release from office, and the period of suspension from office, respectively: <Amended by Act No. 11632, Mar. 22, 2013>
1. A leave of absence due to a disease or injury incurred in the line of duty;
2. A leave of absence due to temporary employment in an international organization, a foreign institution, an overseas or Korean university, or an overseas or Korean research institution;
3. A leave of absence due to child care, or pregnancy or childbirth of a female soldier;
4. A leave of absence to perform duties under other Acts.
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 Article 16-2 (Methods of Adding up Service Periods)   print
(1) A person who intends to add up the service period or the tenure of office (hereinafter referred to as "adding up the service periods") pursuant to Article 16 (6) shall submit an application for adding up the service periods to the Minister of National Defense.
(2) A person who applied for adding up the service periods pursuant to paragraph (1) and obtained approval therefor shall return the amount of money (hereinafter referred to as "money to be returned") calculated by adding up interest prescribed by Presidential Decree to the amount of retirement benefits granted as at the time of his/her retirement [where he/she was restricted in the amount of benefits pursuant to Article 33 of this Act or Article 64 of the Public Officials Pension Act (including cases where it is applied mutatis mutandis in Article 42 of the Pension for Private School Teachers and Staff Act), referring to the amount of benefits he/she should have received without such restriction] to the Military Pension Fund under Article 37: Provided, That where a person who obtains approval for adding up the service periods is a beneficiary of a retiring pension, a retirement pension under the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act (hereinafter referred to as "retirement pension"), or an early retirement pension (hereinafter referred to as "early retirement pension"), he/she shall not return pension benefits.
(3) The Minister of National Defense may allow a beneficiary of benefits to return money to be returned under paragraph (2) in installments, as prescribed by Presidential Decree. In such cases, interest prescribed by Presidential Decree shall be added to such money.
(4) Where a person who obtained approval for adding the service periods applies for the exclusion of all or some of the periods approved from adding or fails to return money to be returned more than six months, the Minister of National Defense may exclude a period applied for exclusion from adding or a period equivalent to the period during which money to be returned has not been returned of the periods approved for adding to the service period from the total service periods.
[This Article Newly Inserted by Act No. 11632, Mar. 22, 2013]
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 Article 17 (Payment Period and Time of Pension)   print
(1) Pension benefits shall be paid in proportion to the period from the following month of the date on which a reason for such benefit (including reasons for amendment to the grade of a pension for wounds under Article 24) occurs to the month of the date on which such reason ceases to exist. <Amended by Act No. 11632, Mar. 22, 2013>
(2) Where a reason occurs to suspend the payment of a retirement pension, a pension for wounds, and a survivor's pension, the payment thereof shall be suspended from the following month of the date such reason occurs to the month of the date on which the reason ceases to exist: Provided, That where the date on which a reason for suspension occurs and the date on which such reason ceases to exist belong to the same month, the payment thereof shall not be suspended. <Amended by Act No. 11632, Mar. 22, 2013>
(3) Deleted. <by Act No. 6327, Dec. 30, 2000>
(4) Pension benefits shall be paid every month as prescribed by Presidential Decree. <Amended by Act No. 11632, Mar. 22, 2013>
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 Article 17-2 (Adjustment of Amount of Pension)   print
(1) Pension benefits shall be increased or decreased annually by the amount equivalent to the nationwide consumer price fluctuation rate of the preceding year compared with the year before the preceding year announced annually by the Commissioner of the Statistics Korea pursuant to Article 3 of the Statistics Act.
(2) The amount adjusted pursuant to paragraph (1) shall be applied from January to December of the relevant year.
(3) The Minister of National Defense shall notify the recipient of a pension of the amount adjusted pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 18 (Basis of Calculation of Benefits)   print
(1) Benefits under this Act shall be calculated based on the following classifications:
1. A retirement pension under Article 21 (1) and a survivor's pension under Article 26 (1) 1: To be calculated based on the average amount of monthly standard income. In such cases, the amount of monthly standard income serving as the basis of the calculation of the average monthly standard income shall not exceed 180/100 of the average amount of the monthly standard income of all military personnel (excluding those falling under the provisions of Article 2);
2. Compensation for death under Article 31 (2) 1 and 2, and paragraph (3) of the same Article, compensation for disability under the proviso to Article 32 (3), condolence money under Article 32-2 (3), and disaster aid under Article 32-3 (1): To be calculated based on the average amount of the monthly standard income of all military personnel paid in the month of the date on which a reason for benefits occurs;
3. Expenses for medical care of a disease or injury incurred in the line of duty under Article 30-5: To be calculated pursuant to Article 30-8;
4. Benefits other than those under the provisions of subparagraphs 1 through 3: To be calculated based on the amount of monthly standard income paid in the month of the date reasons for the relevant benefits occur.
(2) Standards and methods for the calculation of the average amount of the monthly standard income of all military personnel shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 18-2 (Special Cases of Payment of Pension)   print
(1) Where a person entitled to a pension emigrates to a foreign country, he/she may be paid the amount equivalent to the pension for the period of four years on the basis of the following month of the date on which he/she leaves the Republic of Korea, in lieu of the pension benefit as he/she wishes.
(2) Where a person entitled to pension benefits has lost his/her nationality, he/she may be paid the amount equivalent to the pension for the period of four years on the basis of the month following the month he/she lost nationality, in lieu of the pension benefit as he/she wishes.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 19 (Adjustment of Benefits)   print
(1) Where a reason to pay a veteran's pension and a pension for wounds, or a survivor's pension and a survivor's pension in one lump sum due to the death of a soldier who served in the military less than 20 years occurs to the same person, only one benefit favorable to him/her shall be paid according to his/her choice.
(2) No person entitled to a pension for wounds shall be paid a retirement pension in one lump sum.
(3) Where a person who has received a veteran's pension, retirement pension or an early retirement pension retires again after having obtained approval for adding his/her service periods under Articles 16 and 16-2, or died, he/she may receive only a veteran's pension (including a veteran's pension in one lump sum after deduction), or a survivor's pension (including a survivor's pension supplement), and he/she may not receive a veteran's pension in one lump sum or a survivor's pension in one lump sum in lieu thereof.
(4) Where a person entitled to a veteran's pension or a pension for wounds receives a survivor's pension (excluding cases where he/she falls under Article 26 (1) 3) in addition to his/her veteran's pension or pension for wounds, he/she shall be paid the survivor's pension after subtracting a half from the amount of such survivor's pension.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 19-2 (Retirement Benefits to Missing Persons, etc.)   print
(1) Where a person entitled to retirement benefits (referring to a veteran's pension, a veteran's pension in one lump sum, a veteran's pension in one lump sum after deduction, and a retirement pension in one lump sum; hereinafter the same shall apply) is missing for more than one year, such retirement benefits may be paid to a person who will become the heir of such person (referring to a person falling under the category of bereaved family; hereinafter the same shall apply in this Article) at his/her request.
(2) Where a veteran's pension is paid at the request of the prospective heir under paragraph (1), if the whereabouts of a missing person is still not confirmed after three years have passed from the date such payment is made, the amount equivalent to 60/100 of the veteran's pension under Article 21 shall be paid from the following month.
(3) Where it is confirmed that a missing person is alive, a veteran's pension under Article 21 shall be paid to the missing person from the following month of the date his/her existence is confirmed. In such cases, where the amount equivalent to 60/100 of his/her veteran's pension was paid to the prospective heir under paragraph (2), the amount calculated shall be paid by adding interest prescribed by Presidential Decree to the difference between the benefits paid during the payment period and the benefits to be paid.
(4) Where it is confirmed that a missing person has died after benefits were paid under paragraph (2), a survivor's pension shall be paid to his/her heir from the following month of the date his/her death is confirmed: Provided, That where the deathday of the missing person is within three years from the payment date of benefits under paragraph (1), the amount calculated by adding interest prescribed by Presidential Decree to the difference between the survivor's pension which his/her heir is entitled to receive for the three years from the following month of the his/her deathday and the benefits actually received shall be refunded to the Military Pension Fund under Article 37.
(5) Where persons who will become the heir under paragraph (1) are at least two, the provisions of Articles 12 and 13 shall apply mutatis mutandis to the order thereof and the payment of retirement benefits, and the provisions of Article 29 shall apply mutatis mutandis to the loss of the right to benefits of a person receiving benefits pursuant to paragraph (2).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 19-3 (Adjustment of Benefits under Other Acts)   print
Where a person entitled to a retirement pension or an early retirement pension receives a survivor's pension as well (excluding cases where he/she falls under Article 26 (1) 3) under this Act, the survivor's pension shall be paid to him/her after subtracting a half from such survivor's pension.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 20 (Right to Request Recipients to Submit Documents, etc.)   print
(1) The Minister of National Defense may request a person entitled to benefits under this Act to submit documents or objects necessary for his/her change of status, degree of disability, and other benefits.
(2) Where the Minister of National Defense deems it necessary for the appropriate administration of benefits under this Act and other pension systems, he/she may request state agencies, local governments, the Government Employees Pension Service, the National Pension Service, other public organizations, etc. to provide data, books, documents or other objects necessary for surveys on income, etc. under Article 21-2 (2) and other affairs related to the veterans' pension, or request public officials under his/her control to examine them. In such cases, an agency requested to submit data, etc. shall comply with such request except in extenuating circumstances.
(3) In cases referred to in paragraph (1), if a person entitled to benefits fails to comply with the request without any justifiable cause, the payment of benefits to the person may be suspended until he/she complies with such request.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 2 Retirement Pension or Retirement Pension in One Lump Sum
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 Article 21 (Retirement Pension or Retirement Pension in One Lump Sum)   print
(1) Where a soldier retires from service after serving in the military for at least 20 years, a retirement pension shall be paid to him/her from that time until his/her death: Provided, That where he/she wishes, he/she may be paid a retirement pension in one lump sum in lieu of the retirement pension, or a retirement pension in one lump sum after deduction (hereinafter referred to as "lump sum payment after deduction") in lieu of the retirement pension for the period he/she wishes to be paid from his/her service period exceeding 20 years (where a person who used to receive a veteran's pension, retirement pension or early retirement pension has obtained approval for adding up the service periods under Articles 16 and 16-2, such service periods added up shall be included).
(2) A retirement pension shall be an amount equivalent to 19/1,000 of the average monthly standard income for each year (each month of a period less than a year shall be calculated as 1/12 of one year; hereinafter the same shall apply) of the service period (where a recipient receives a lump sum payment after deduction, referring to the service period left after deducting the service period included in the calculation of a lump sum payment after deduction from the total service period). In such cases, the amount of the retirement pension shall not exceed 627/1,000 of the average monthly standard income.
(3) A retirement pension in one lump sum shall be an amount calculated by adding the amount equivalent to 65/10,000 of the amount obtained by multiplying the monthly standard income of the month of the day before the retirement date by the number of every service year exceeding the number of years left by subtracting five years from the service period, to the amount equivalent to 975/1,000 of the amount calculated by multiplying the monthly standard income of the month of the day before the retirement date by the number of service years (each one month for a period less than one year shall be calculated as 1/12 of one year; hereinafter the same shall apply). In such cases, the number of service years shall not exceed 33.
(4) A lump sum payment after deduction shall be an amount calculated by adding the amount equivalent to 65/10,000 of the amount calculated by multiplying the monthly standard income of the month of the day before the retirement date by the number of every service year exceeding the number of years in military service for deduction, to the amount equivalent to 975/1,000 of the amount calculated by multiplying the monthly standard income of the month of the day before the retirement date, by the number of service years that a soldier who retires from service wishes to include in the calculation of the lump sum payment after deduction (hereinafter referred to as "number of service years for deduction"). In such cases, the number of service years for deduction shall not exceed 13.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 21-2 (Suspension of Payment of Retirement Pension, etc.)   print
(1) Where a recipient of a retirement pension is employed as a soldier, a public official or a private school teacher or employee governed by this Act, the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act, the payment of all of the relevant pension shall be suspended during his/her service period.
(2) Where a recipient of a retirement pension has, in addition to his/her pension, business income under Article 19 (2) of the Income Tax Act (excluding business income prescribed by Presidential Decree) or earned income under Article 20 (2) of the same Act, and where the monthly average of each income or total income (hereinafter referred to as "amount of monthly income" in this Article) exceeds the monthly average wages in the preceding year, the payment on the basis of the following classification shall be suspended from the retirement pension. In such cases, the amount of suspended payment shall not exceed a half of the retirement pension:
(3) The monthly average wages referred to in paragraph (2) refer to the yearly average amount of total wages of one employee from the report of labor statistics of every month prepared by the Minister of Employment and Labor pursuant to the Statistics Act on the basis of business or a place of business employing at least five regular employees (excluding agriculture, forestry and fisheries).
(4) Matters necessary for the computation of the monthly income and the monthly average wages under paragraph (2) and methods of suspending payment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 3 Severance Pay in One Lump Sum
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 Article 22 (Severance Pay in One Lump Sum)   print
(1) Where a soldier retires from service after serving in the military less than 20 years, he/she shall be paid a severance pay in one lump sum.
(2) The severance pay in one lump sum of a person who has served in the military for at least 5 years but less than 20 years shall be an amount equivalent to 975/1,000 of the amount calculated by multiplying the monthly standard income of the month of the day before the retirement date by the number of service years, and in cases of the service period exceeding five years, the amount equivalent to 65/10,000 of the amount calculated by multiplying the monthly standard income of the month of the day before the retirement date by the number of every service year exceeding five shall be added.
(3) A severance pay in one lump sum of a person who has served in the military for at least one month but less than five years shall be an amount equivalent to 78/100 of the amount calculated by multiplying the monthly standard income of the month of the day before the retirement date by the number of service years.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 4 Pension for Wounds
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 Article 23 (Pension for Wounds)   print
(1) Where a soldier retires because he/she becomes disabled due to a disease or injury incurred in the line of duty, or where a soldier becomes disabled due to such disease or injury after his/her retirement from service, he/she shall be paid a pension for wounds according to the following classifications from that time until he/she dies:
1. First grade: An amount equivalent to 5,200/10,000 of the amount of monthly standard income;
2. Second grade: An amount equivalent to 4,875/10,000 of the amount of monthly standard income;
3. Third grade: An amount equivalent to 4,550/10,000 of the amount of monthly standard income;
4. Fourth grade: An amount equivalent to 4,225/10,000 of the amount of monthly standard income;
5. Fifth grade: An amount equivalent to 3,900/10,000 of the amount of monthly standard income;
6. Sixth grade: An amount equivalent to 3,575/10,000 of the amount of monthly standard income;
7. Seventh grade: An amount equivalent to 3,250/10,000 of the amount of monthly standard income.
(2) Criteria for determination of the grade of a pension for wounds under paragraph (1) shall be prescribed by Presidential Decree.
(3) When a person who is or was a soldier has at least two disabilities at the same time in determining the grade of a pension for wounds, such disabilities shall be dealt with simultaneously, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 24 (Change of Grade of Pension for Wounds, etc.)   print
(1) If the degree of disability of a person entitled to a pension for wounds improves or becomes worse, the Minister of National Defense shall newly determine the grade of a pension for wounds after deliberation by the Military Pensions and Benefits Council when he/she requests a new determination or the Minister of National Defense acknowledges the improvement or a change for the worse of his/her disability. In such cases, the Minister of National Defense may conduct a physical examination to confirm the degree of disability of a person entitled to a pension for wounds, as prescribed by Presidential Decree.
(2) When the degree of disability of a person entitled to a pension for wounds ceases to fall under the grade of a pension for wounds, his/her right shall be extinguished.
(3) Where the grade of a pension for wounds of a person entitled to a retirement pension is newly determined pursuant to paragraph (1) while he/she is being paid the pension for wounds pursuant to Article 19 (1), he/she may be paid a benefit favorable to him/her as he/she selects between a retirement pension and a pension for wounds following the grade of a pension for wounds newly determined, and when the right to a pension for wounds has been extinguished pursuant to paragraph (2), he/she shall be paid a retirement pension from the following month.
(4) Where a person entitled to a pension for wounds, whose service period is less than 20 years, becomes unable to receive the pension for wounds pursuant to paragraph (2), if the total amount of the pension for wounds he/she has already received is less than the amount of a severance pay in one lump sum he/she could have received in retirement from service, he/she shall be paid an amount equivalent to the difference.
(5) An amount equivalent to the difference paid pursuant to paragraph (4) shall be deemed a severance pay in one lump sum.
(6) Among those who become eligible to receive a pension for wounds pursuant to Article 23 (1), a person who has already received a severance pay in one lump sum, a retirement pension in one lump sum, or a lump sum payment after deduction, shall refund the severance pay in one lump sum, the retirement pension in one lump sum, or the lump sum payment after deduction with interest added thereto to the Military Pension Fund.
(7) The provisions of Article 16-2 (2) and (3) shall apply mutatis mutandis to the refund of interest and the procedure therefor under paragraph (6).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 25 (Suspension of Payment of Pension for Wounds)   print
The provisions of Article 21-2 shall apply mutatis mutandis to the suspension of payment, etc. of a pension for wounds.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 5 Survivor's Benefits
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 Article 26 (Survivor's Pension)   print
(1) Where a person who is or was a soldier falls under any of the following cases, a survivor's pension shall be paid to his/her bereaved family:
1. Where the person entitled to a retirement pension has died;
2. Where the person entitled to a pension for wounds has died;
3. Where the person has died in the performance of public duties while in active service or died of a disease or from injury incurred in the line of duty.
(2) The amount of a survivors' pension referred to in paragraph (1) shall be as follows:
1. Where a person falls under paragraph (1) 1 or 2, an amount equivalent to 60/100 of either a retirement pension or a pension for wounds receivable by a person who is or was a soldier;
2. Where a soldier falling under paragraph (1) 3 has served less than 20 years, an amount equivalent to 3,575/10,000 of the monthly standard income as at the time of his/her death; and where he/she has served for at least 20 years, an amount equivalent to 4,225/10,000 of the monthly standard income.
(3) Notwithstanding the provision of paragraph (2) 1, an amount equivalent to 70/100 of a retirement pension or a pension for wounds receivable by a person who is or was a soldier shall be paid to a person falling under Article 3 (2) or (3) (including a spouse of the person who is or was a soldier under Article 3 (1) 4 (a) who supports such person) among the bereaved family members.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 27 Deleted.<by Act No. 3397, Mar. 24, 1981>   print
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 Article 28 (Survivor's Pension to be Paid to Missing Persons)   print
Where a person entitled to a survivor's pension is missing for at least one year, if there is a person in the same order of priority, the relevant pension for the period of his/her missing shall be paid to the person in the same order of priority at the request of such person, and if there is no person in the same order of priority, the relevant pension for the period of his/her missing shall be paid to a person in the immediate lower order of priority at the request of such person.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 29 (Loss of Right to Survivor's Pension)   print
(1) Where a person entitled to a survivor's pension falls under any of the following cases, he/she shall lose such right:
1. Where he/she has died;
2. Where he/she has remarried (including cases where he/she has a de facto matrimonial relationship);
3. Where his/her kinship with the dead soldier has terminated;
4. Where his/her child or grandchild not in the degree of disability prescribed Presidential Decree has turned 19 years old;
5. Where the disability of a person who has been receiving a survivor's pension due to the degree of disability prescribed by Presidential Decree ceases to exist.
(2) Where a person entitled to a survivor's pension loses such right, if there is a person in the same order of priority, the right shall be transferred to such person in the same order of priority, and if there is no person in the same order of priority, the right shall be transferred to a person in the immediate lower order of priority.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 29-2 (Survivor's Pension Supplements)   print
(1) Where a soldier dies while serving for at least 20 years, a survivor's pension supplement in addition to a survivor's pension shall be paid to his/her bereaved family.
(2) The amount of a survivor's pension supplement shall be an amount equivalent to a quarter of the amount calculated pursuant to Article 21 (3). In such cases, the number of service years shall not exceed 33.
(3) The provisions of Articles 28 and 29 shall apply mutatis mutandis to the payment of a survivor's pension supplement.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 29-3 (Survivor's Pension in One Lump Sum)   print
(1) Where a person entitled to a retirement pension dies while serving in the military, if his/her bereaved family wishes, a survivor's pension in one lump sum shall be paid to his/her bereaved family in lieu of a survivor's pension and a survivor's pension supplement.
(2) The provisions of Article 21 (3) shall apply mutatis mutandis to the amount of a survivor's pension in one lump sum.
(3) The provisions of Articles 28 and 29 shall apply mutatis mutandis to the payment of a survivor's pension in one lump sum.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 30 (Lump Sum Payment to Bereaved Family)   print
(1) Where a soldier has died while serving for less than 20 years, a lump sum payment to the bereaved family shall be paid to his/her bereaved family. <Amended by Act No. 11632, Mar. 22, 2013>
(2) The provisions of Article 22 (2) and (3) shall apply mutatis mutandis to the amount of a lump sum payment to the bereaved family under paragraph (1). <Amended by Act No. 11632, Mar. 22, 2013>
(3) Deleted. <by Act No. 4705, Jan. 5, 1994>
(4) The provisions of Articles 28 and 29 shall apply mutatis mutandis to the payment of a lump sum payment to the bereaved family. <Amended by Act No. 11632, Mar. 22, 2013>
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 Article 30-2 Deleted.<by Act No. 4318, Jan. 14, 1991>   print
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 Article 30-3 (Survivor's Pension Special Supplements)   print
(1) Where a person entitled to a retirement pension or pension for wounds (limited to a person who has served for at least 20 years) dies within three years from the month following the month of the day before the his/her retirement date, a survivor's pension special supplement in addition to survivor's pension shall be paid.
(2) The amount of a survivor's pension special supplement shall be the amount calculated by multiplying a quarter of an amount equivalent to a retirement pension in one lump sum (referring to a retirement pension in one lump sum applicable to the period for which he/she has selected a pension where a person selects a lump sum payment after deduction) as at the time of retirement from service by the following rate: [36 - (the number of months for which a retirement pension is receivable until his/her death pursuant to Article 17 (1))] ×1/36.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 5-2 Retirement Allowance
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 Article 30-4 (Retirement Allowance)   print
(1) Where a soldier retires from service or dies after having served at least one year, a retirement allowance shall be paid to him/her.
(2) The amount of a retirement allowance under paragraph (1) shall be the amount calculated by multiplying the monthly standard income for each service year by the rate prescribed by Presidential Decree.
(3) The provisions of Article 19-2 shall apply mutatis mutandis to the payment of a retirement allowance.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 5-3 Expenses for Medical Care of Disease or Injury Incurred in Line of Duty
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 Article 30-5 (Expenses for Medical Care of Disease or Injury Incurred in Line of Duty)   print
(1) Where a soldier receives the following medical care due to a disease or injury incurred in the line of duty, if he/she is unable to receive medical care in the military hospital due to any circumstance prescribed by Presidential Decree, he/she may be paid expenses for medical care of a disease or injury incurred in the line of duty:
1. Diagnosis;
2. The provision of medicines, remedial materials, and prostheses;
3. First-aid, operation and other medical care;
4. Admittance to a hospital or sanitarium;
5. Nursing;
6. Transfer.
(2) Expenses for medical care of a disease or injury incurred in the line of duty paid pursuant to paragraph (1) shall be the amount necessary for such medical care of the same disease or injury within the period prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 30-6 (Medical Care Institutions)   print
A soldier shall receive medical care under Article 30-5 in a medical care institution (hereinafter referred to as "medical care institution") pursuant to Article 42 of the National Health Insurance Act.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 30-7 (Charging for and Payment of Expenses for Medical Care of Disease or Injury Incurred in Line of Duty)   print
(1) Where a medical care institution has provided medical care of a disease or injury incurred in the line of duty under Article 30-5, it shall charge expenses for such medical care calculated pursuant to Article 30-8 to the Minister of National Defense.
(2) The Minister of National Defense to whom expenses for medical care of a disease or injury incurred in the line of duty has been charged pursuant to paragraph (1) shall pay such expenses to a medical care institution.
(3) Notwithstanding the provisions of paragraphs (1) and (2), expenses for medical care of a disease or injury incurred in the line of duty prescribed by Presidential Decree may be directly paid to a person who caught such disease or sustained such injury.
(4) The Minister of National Defense may entrust a relevant specialized institution with part of duties of medical care benefits, such as charging for and payment of medical care expenses of a disease or injury incurred in the line of duty under the provisions of paragraphs (1) through (3), and matters necessary for the scope of entrustment of duties, institutions eligible for entrustment and the payment of expenses incurred for entrustment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 30-8 (Calculation of Expenses for Medical Care of Diseases or Injuries Incurred in Line of Duty)   print
Expenses for medical care of a disease or injury incurred in the line of duty shall be the amount calculated according to the following classifications:
1. Medical care expenses calculated pursuant to Article 45 of the National Health Insurance Act;
2. Medical care expenses calculated pursuant to Article 40 of the Industrial Accident Compensation Insurance Act, which exceeds medical care expenses calculated pursuant to Article 45 of the National Health Insurance Act, or which are incurred for medical care other than medical care under the same Article;
3. Medical care expenses prescribed by Presidential Decree, in excess of medical care expenses calculated pursuant to subparagraphs 1 and 2 or incurred for medical care other than the scope thereof.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 30-9 (Special Case of Payment of Expenses for Medical Care of Disease or Injury Incurred in Line of Duty)   print
(1) Where a soldier receives medical care under Article 30-5 in a medical institution other than the medical care institution due to an urgent need or other unavoidable circumstances, expenses for medical care of a disease or injury incurred in the line of duty may be paid to him/her only where the Minister of National Defense approves therefor.
(2) The provisions of Article 30-8 shall apply mutatis mutandis to the calculation of expenses for medical care of a disease or injury incurred in the line of duty referred to in paragraph (1).
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 6 Compensation for Death and Compensation for Disability
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 Article 31 (Disaster Compensation)   print
(1) Where a soldier has died in the line of duty, his/her bereaved family shall be paid compensation for death.
(2) The amount of compensation for death under paragraph (1) shall be based on the following classifications: Provided, That where the amount under subparagraphs 1 and 2 is less than the amount under subparagraph 3, such payment shall be the amount under subparagraph 3:
1. Death in battle: An amount equivalent to 577/10 of the average of the monthly standard income of all military personnel;
2. Line of Special Duty Death: An amount equivalent to 442/10 of the average amount of the monthly standard income of all military personnel;
3. Death falling under Article 26 (1) 3 other than subparagraph 1 or 2: An amount equivalent to 234/10 of the monthly standard income.
(3) Notwithstanding the provisions of Article 18 (1) 4, where the monthly standard income of a soldier who has died of a reason referred to in paragraph (2) 3 is less than 1,042/1,000 of the average of the monthly standard income of all military personnel, compensation for death shall be calculated, considering an amount equivalent to 1,042/1,000 of the average of the monthly standard income of all military personnel as the monthly standard income.
(4) Where a soldier has died while serving in a foreign country (referring to service during the dispatch period to the foreign country prescribed by Presidential Decree; hereinafter the same shall apply), he/she shall be additionally paid the amount prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 32 (Compensation for Disability)   print
(1) Where a soldier has retired from service with diagnosed physical or mental disability due to a disease or injury incurred while serving in the military (including cases where he/she is diagnosed with physical or mental disability within six months after retirement from service), he/she shall be paid compensation for disability according to the following classifications: Provided, That compensation for disability referred to in subparagraph 4 shall be paid only where he/she has retired from service due to a disease or injury incurred in the line of duty:
1. First grade: 78/10 of the amount of monthly standard income;
2. Second grade: 52/10 of the amount of monthly standard income;
3. Third grade: 39/10 of the amount of monthly standard income;
4. Fourth grade: 26/10 of the amount of monthly standard income.
(2) Criteria for determination of the grade of compensation for disability under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense.
(3) The amount of monthly standard income under paragraph (1) shall be the monthly standard income of a soldier in the month of the day before the date of his/her retirement: Provided, That where the amount of such monthly standard income is less than 419/1,000 of the average of the monthly standard income of all military personnel, compensation for disability shall be calculated, considering an amount equivalent to 419/1,000 of the average of the monthly standard income of all military personnel as the monthly standard income.
(4) Where compensation for disability under paragraph (1) is paid to a soldier due to a disease or injury incurred while serving in a foreign country, he/she shall be additionally paid the amount prescribed by Presidential Decree.
(5) In addition to matters provided in paragraphs (1) through (4), matters necessary for the payment of compensation for disability shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11632, Mar. 22, 2013]
SECTION 6-2 Condolence Money and Disaster Aid
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 Article 32-2 (Condolence Money)   print
(1) Where a soldier falls under any of the following cases, he/she shall be paid condolence money. In such cases, if at least two soldiers are entitled to condolence money, it shall be paid to one soldier prescribed by Presidential Decree, but if there is another soldier who supports dependents, condolence money shall be paid to such soldier:
1. Where a spouse or child dies;
2. Where a lineal ascendant of the soldier or his/her spouse (a lineal ascendant other than parents shall be limited to a person whom he/she supports) dies.
(2) Where a soldier dies, condolence money shall be paid to his/her spouse, but where he/she has no spouse, condolence money shall be paid to a person performing a funeral service and ancestral ritual.
(3) Condolence money under paragraph (1) shall be an amount equivalent to 65/100 of the average of the monthly standard income of all military personnel.
(4) Condolence money under paragraph (2) shall be an amount equivalent to 195/100 of the monthly standard income of the relevant soldier.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 32-3 (Disaster Aid)   print
(1) Where a soldier incurred loss of property due to a flood, a fire, or other disasters, he/she shall be paid disaster aid within an amount equivalent to four times the average of the monthly standard income of all military personnel.
(2) The scope of disasters referred to in paragraph (1) and the amount of aid by level of the disaster shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
SECTION 7 Restrictions on Benefits
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 Article 33 (Restrictions on Benefits under Penalty, etc.)   print
(1) Where a person who is or was a soldier falls under any of the following cases, a retirement benefit and retirement allowance shall be paid with a reduction, as prescribed by Presidential Decree. In such cases, the amount of the retirement benefit shall not be reduced less than the amount calculated by adding the interest under the Civil Act to the total contributions already paid:
1. Where he/she has been sentenced to imprisonment without hard labor or a heavier punishment due to a reason (excluding a reason which occurred due to negligence not related to his/her duties or due to negligence committed while following a legitimate order of his/her immediate superior) which occurred during the service in the military;
2. Where he/she has been discharged as a disciplinary punishment;
3. Where he/she has been dismissed as a disciplinary punishment on the grounds for receiving money, valuables, and entertainment, or misappropriation or embezzlement of public money.
(2) Where an investigation or a criminal trial is proceeding due to a crime for which he/she may be sentenced to imprisonment without hard labor or a heavier punishment due to a reason (excluding reasons which occurred due to negligence not related to his/her duties or due to negligence committed while following a legitimate order of his/her immediate superior) which occurred during the service in the military, the payment of some of a retirement benefit and retirement allowance may be suspended, as prescribed by Presidential Decree. In such cases, when his/her reason that restricts benefits ceases to exist, he/she shall be paid the remaining balance with interest prescribed by Presidential Decree added thereto.
(3) Where he/she has been sentenced to imprisonment without hard labor or a heavier punishment because he/she committed a crime provided in Chapters I (Insurrection) and II (Foreign Aggression) of Part II of the Criminal Act, Chapters I (Insurrection) and II (Benefiting the Enemy) of Part II of the Military Criminal Act, and the National Security Act (excluding Article 10) due to a reason which occurred during the service in the military, he/she shall refund the amount calculated by adding the interest under Article 379 of the Civil Act to the total contributions already paid, and shall not be paid benefits.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 34 (Restrictions on Benefits Resulting from Intention or Gross Negligence, etc.)   print
(1) No person governed by this Act and entitled to benefits by catching a disease, sustaining an injury or disability, or causing an accident by intention shall be paid the relevant benefits.
(2) Where a person entitled to a survivor's benefit has intentionally caused the death of a soldier, former soldier, or a person receiving a survivor's benefit, no survivor's benefit shall be paid to him/her. The same shall also apply where a person who becomes entitled to a survivor's pension with the death of a soldier or former soldier has intentionally caused the death of a person in the same priority as he/she is or in the priority higher than he/she is before he/she dies.
(3) Where a person entitled to benefits under this Act falls under any of the following cases, all or some of benefits shall not be paid to him/her, as prescribed by Presidential Decree: Provided, That he/she shall be paid all of expenses for medical care of injury or disease which incurred in the line of duty, unless he/she has caused such accident by intention:
1. Where he/she falls under any of the following cases because he/she fails to follow instructions for medical care by gross negligence or without any justifiable cause:
(a) Where he/she has caused a disease, injury or disability;
(b) Where he/she has aggravated the degree of a disease, injury or disability;
(c) Where he/she has impeded recovery from a disease, injury or disability;
(d) Where he/she has died.
2. Where he/she has deliberately aggravated the degree of a disease, injury or disability or impeded recovery therefrom.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 35 (Restrictions on Benefits for Noncompliance with Physical Examination)   print
Where a person who shall receive a physical examination pertaining to the payment of benefits under this Act fails to do so without any justifiable cause, some of benefits may be omitted, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 35-2 (Restrictions on Payment of Compensation for Death and Compensation for Disability)   print
No compensation for death or disability shall be paid to the following persons:
1. A person falling under Article 33 (1) or (3);
2. A person in whose case a reason for the payment of compensation for death or disability has occurred due to his/her deliberate act or gross negligence;
3. A person who has caught a disease, sustained an injury or died while deserting from military service or going absent without leave;
4. A person who has caught a disease or sustained an injury for reasons other than public duties, whose service period (excluding the period of hospitalization) is less than one year;
5. A person who becomes entitled to compensation for death or disability from the Government apart from compensation for death under Article 31 and compensation for disability under Article 32, among those who has caught a disease, sustained an injury or died during the service in a foreign country.
[This Article Newly Inserted by Act No. 11632, Mar. 22, 2013]
CHAPTER III FUND AND BEARING EXPENSES
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 Article 36 (Principles of Bearing Expenses)   print
(1) Expenses incurred for benefits under subparagraphs 1 through 4 and 7 through 10 of Article 6 and benefits under subparagraph 6 of the same Article (limited to cases where benefits fall under Article 26 (1) 1; hereinafter the same shall apply in this paragraph) shall be borne by military personnel and the State. In such cases, expenses incurred for benefits shall be recalculated at least every five years to maintain the financial balance.
(2) Expenses incurred for benefits in addition to the benefits referred to in paragraph (1) shall be borne by the State.
(3) Expenses incurred pursuant to Article 16 (4) shall be borne by the State.
(4) Expenses incurred in conducting affairs for pensions shall be borne by the State.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 37 (Establishment and Creation of Military Pension Fund)   print
(1) The Military Pension Fund (hereinafter referred to as the "Fund") shall be established to raise funds necessary for operating the military pension system under this Act.
(2) The Fund shall be raised by contributions, apportioned amounts, compensatory grants, legal reserves, proceeds from the operation of the Fund, borrowings or money transferred from other Funds or Accounts, and other revenues.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 37-2 (Accumulation of Legal Reserves)   print
(1) The State shall accumulate legal reserves in the Fund within budgetary limits for the stability of the Military Pension Fund.
(2) When any surplus accrues as a result of the settlement of the account of the Fund in each fiscal year, such surplus shall be accumulated as a legal reserve.
(3) When the Fund falls short of funds in a circumstance falling under any of the following cases in relation to the payment of benefits under this Act, it may use legal reserves:
1. Where the government budget has been allocated insufficiently;
2. Where the number of veterans or claimant for a retirement pension in one lump sum has exceeded the estimated number when the budget was compiled;
3. Where an unexpected reason prescribed by Presidential Decree has occurred.
(4) The legal reserve used pursuant to paragraph (3) shall be re-accumulated by reflecting it in compensatory grants of the year after next.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 37-3 (Management and Operation of Fund)   print
(1) The Fund shall be managed and operated by the Minister of National Defense.
(2) The Fund shall be operated in the following ways, and it shall secure the maximum profit:
1. The acquisition and disposition of properties or the management of welfare services aimed at improving the welfare of soldiers;
2. Depositing money in financial institutions, etc. or in the financial fund;
3. The purchase of securities issued or the fulfillment of obligation of which are guaranteed by the State, local governments, or financial institutions;
4. Other business prescribed by Presidential Decree to increase the Fund.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 37-4 (Purposes of Fund)   print
The Fund shall be used for the following purposes:
1. The payment of benefits and returned money and the refund of contributions pursuant to this Act;
2. The repayment of borrowings and payment of interest thereof;
3. Other expenses necessary for the operation of the pension system for soldiers.
[This Article Newly Inserted by Act No. 8151, Dec. 30, 2006]
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 Article 38 (Contributions)   print
(1) A soldier shall pay a contribution for each month from the month in which the date of his/her appointment as a soldier falls to the month of the day before the date to which his/her retirement or deathday belongs, and methods and procedures for such payment shall be prescribed Presidential Decree.
(2) A contribution referred to in paragraph (1) shall be an amount equivalent to 70/1,000 of the monthly standard income. In such cases, the monthly standard income shall not exceed 180/100 of the average of the monthly standard income of all military personnel.
(3) A person whose service period is included pursuant to Article 16 (5) shall pay retroactive contributions in the amount equivalent to contributions for the relevant months from the following month of the date on which the included period is approved by the Minister of National Defense. In such cases, when the relevant soldier retires from service or dies while paying his/her retroactive contributions, the remaining retroactive contributions calculated on the basis of the monthly standard income as at the time of his/her retirement or death shall be deducted from the relevant retirement benefits or survivor's benefits.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 38-2 (Disposition of Contributions Excessively Paid or Unpaid)   print
(1) Contributions paid excessively or insufficiently may be added or subtracted when a contribution is collected next time.
(2) Criteria for calculation of contributions to be added or subtracted pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
law view
 Article 39 (Apportioned Amount)   print
The amount apportioned to the State pursuant to Article 36 (1) shall be equivalent to 70/1,000 of the budget for pays of each fiscal year prescribed by Presidential Decree, and methods and procedures for payment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
law view
 Article 39-2 (Compensatory Grants)   print
Where expenses incurred for benefits pursuant to this Act cannot be funded with contributions and the apportioned amount, the State shall bear such shortage.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
law view
 Article 40 Deleted.<by Act No. 8151, Dec. 30, 2006>   print
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 Article 40-2 (Transfer of Amount of Pension)   print
(1) Where a person entitled to a retirement pension or an early retirement pension has retired or died after he/she was employed as a soldier and obtained approval for adding up his/her service periods pursuant to Articles 16 and 16-2, the Government Employees Pension Service or the Private School Teachers Pension Service shall transfer to the Fund an amount equivalent to a retirement pension, an early retirement pension, or a survivor's pension (including the amount receivable pursuant to Article 14, and a survivor's pension supplement and a survivor's pension special supplement) that he/she or his/her bereaved family (including a person entitled to receive benefits pursuant to Article 14) is entitled to receive pursuant to the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act.
(2) Methods of calculating the amount to be transferred under paragraph (1) and the deadline for transfer shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
CHAPTER IV SUPPLEMENTARY PROVISIONS
law view
 Article 41 (Adjustment of Benefits under Other Acts and Subordinate Statutes)   print
(1) No person who has received benefits of the same kind as those under this Act (excluding patriots or veterans benefits under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran's Compensation) at the expense of the State or a local government pursuant to other Acts and subordinate statutes shall be paid benefits under this Act for an amount equivalent to such benefits.
(2) When benefits are paid for a reason that occurred due to an act of a third person, the Minister of National Defense shall acquire a claim for damages that a person entitled to benefits has against the third person to the extent of the amount prescribed by Presidential Decree out of the amount of such benefits: Provided, That where the third person is the spouse, or lineal ascendant or descendant of the relevant soldier or the person who was a soldier, or a soldier in the performance of his/her official duties, the Minister of National Defense need not exercise all or some of the claim for damages after deliberation by the Military Pensions and Benefits Council.
(3) When a person entitled to benefits referred to in paragraph (2) has already received damages from the third person for the same reason, the Minister of National Defense shall not pay benefits to the extent of such damages.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
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 Article 41-2 Deleted.<by Act No. 3957, Nov. 28, 1987>   print
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 Article 42 (Matters to Be Reported)   print
Where any of the following reasons or facts exists, a person shall report such reason or fact to the Minister of National Defense, as prescribed by Presidential Decree:
1. A reason for suspending the payment of a pension referred to in Article 21-2 (1) (including cases where it is applied mutatis mutandis pursuant to Article 25);
2. The fact of the death of a person entitled to a pension referred to in Article 26;
3. A reason for losing the right to a pension referred to in Article 29;
4. A reason for restricting benefits referred to in Article 33.
[This Article Wholly Amended by Act No. 11632, Mar. 22, 2013]
law view
 Article 43 Deleted.<by Act No. 11632, Mar. 22, 2013>   print
ADDENDA
(1) This Act shall enter into force on January 1, 1963.
(2) The provisions of other Acts and subordinate statutes contrary to this Act shall lose their effect.
(3) The person entitled to a retirement pension as prescribed by previous Acts as at the time this Act enters into force shall be regarded as one entitled to a retirement pension as prescribed by this Act, and the benefit shall be adjusted on the basis of this Act.
(4) A person who retired before this Act enters into force and whose entitlement to a benefit (excluding a retirement pension) is not confirmed shall be subject to the previous examples regardless of the provisions of this Act.
(5) Where a soldier who participated in combat action before this Act enters into force is in the military service as at the time this Act enters into force, two times the period during which he/she participated in the combat action shall be added to his/her service period: Provided, That the period and the scope of persons who participated in combat action shall be determined by the Cabinet Ordinance.
ADDENDA<Act No. 2173, Jan. 1, 1970>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1970.
(2) (Transitional Measures concerning Retroactive Contributions) A soldier who is in the service as at the time this Act enters into force and was appointed during the period between August 15, 1948 and December 31, 1959 shall pay after 1970, an amount equivalent to 35/1,000 of his/her monthly salary as contributions for the period from the date on which he/she was appointed to December 31, 1959, until he/she retires or dies.
(3) (Transitional Measures concerning the Overpaid Amount) A person, as a beneficiary as at the time this Act enters into force, who received an excessive pension benefit before this Act enters into force shall refund the overpaid amount to the National Treasury within not exceeding one year from the enforcement date of this Act. In such cases, the interest as prescribed in Article 21 (4) shall not be added to the amount to be refunded.
ADDENDA<Act No. 2629, Oct. 10, 1973>
(1) (Enforcement Date) This Act shall enter in force on the date of its promulgation.
(2) (Transitional Measures) The right of a person who belongs to the Marine Corps as at the time this Act enters into force shall be approved by the Chief of Naval Operations pursuant to the provisions of Article 10.
ADDENDA<Act No. 2728, Dec. 26, 1974>
(1) (Enforcement Date) This Act shall enter into force on March 1, 1975.
(2) (Transitional Measures concerning the Beneficiary) The provisions of Articles 3 (3), 21 (3) and (4), and 25 shall apply only to the pension to be paid after the enforcement date of this Act in case of the beneficiary as at the time this Act enters into force.
ADDENDUM<Act No. 3203, Dec. 28, 1979>
This Act shall enter into force on January 1, 1980: Provided, That the provisions concerning the bonus indicated in Article 3 (1) 1 and the allowance determined by Presidential Decree shall apply on July 1, 1980.
ADDENDA<Act No. 3397, Mar. 24, 1981>
(1) (Enforcement Date) This Act shall enter into force on April 1, 1981.
(2) (Transitional Measures) The provisions of the proviso to Article 21 (2) shall also apply only to the pension to be paid after the enforcement date of this Act in case of the person entitled to receive a retirement pension who retires before this Act enters into force.
ADDENDA<Act No. 3493, Dec. 31, 1981>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1982.
(2) (Classification of Application to Retirees, etc.) The provision of the proviso to Article 18 (1) shall apply first to the benefit which is a pension to be paid after July 1, 1982 in case of the bereaved family of a person who retires or dies before this Act enters into force.
ADDENDA<Act No. 3587, Dec. 28, 1982>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1983: Provided, That the amended provisions of Articles 16 (5) and 38 (2) shall enter into force on the date as determined by Presidential Decree after the system of inclusion and adjustment of the service period of all ranks such as an officer, a warrant officer, a noncommissioned officer, a soldier, etc. in determining an initial salary class of a soldier, as prescribed in Article 9 of the Military Personnel Remuneration Act, is provided.
(2) (Transitional Measures concerning Occurrence of Occasion for Benefit) The benefit for a person to whom an occasion for a benefit occurs before this Act enters into force shall be based upon the previous provisions.
(3) (Transitional Measures concerning Inclusion of Military Service Period) A person who is in service as at the time this Act (referring to the amended provisions of Articles 16 (5) and 38 (2) which shall enter into force pursuant to the provisions of the proviso to paragraph (1); hereinafter, the same shall apply in this paragraph) enters into force and whose service period is included in the length of his/her service pursuant to the provisions of Article 16 (5) shall pay a retroactive contribution as much as the monthly contribution each month from the month to which the enforcement date belongs as long as the included period. Where the relevant soldier retires or dies in the course of paying the retroactive contributions, the remaining retroactive contributions calculated on the basis of the monthly remuneration as at the time of his/her retirement or death shall be deducted from the retirement or bereaved family benefit concerned.
ADDENDA<Act No. 3759, Dec. 31, 1984>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1985.
(2) (Transitional Measures concerning Deduction of Money Earmarked for Insurance Premium) The person who received a lump sum of a retirement pension pursuant to the provisions of Article 21 (1) before this Act enters into force and desires to be an insured person as prescribed by the Act on the Medical Insurance for Public Officials and Private School Teachers and Staff shall pay to the Minister of National Defense the money earmarked for the insurance premium based upon the provisions of Article 21-2, pursuant to the Presidential Decree.
(3) (Transitional Measures concerning Occurrence of Occasion for Benefit) The benefit for the person to whom an occasion for a benefit occurs before this Act enters into force shall be pursuant to the previous provisions.
ADDENDUM<Act No. 3957, Nov. 28, 1987>
This Act shall enter into force on January 1, 1988.
ADDENDA<Act No. 4034, Dec. 29, 1988>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Occurrence of Occasion for Benefit)
A benefit for a person to whom an occasion for the benefit occurs before this Act enters into force shall be pursuant to the previous provisions except for the amended provisions of Article 41.
Article 3 (Transitional Measures concerning Suspension of Payment of Pension)
(1) A pension which a beneficiary before this Act enters into force receives after this Act enters into force regardless of the provisions of Article 2 of Addenda shall be in accordance with the amended provisions of Article 21 (5) 1: Provided, That a person who has worked for the school as prescribed in Article 3 of the Private School Teachers' Pensions Act from the time before this Act enters into force does not have the length of his/her service included as prescribed in Article 32 (1) of the Private School Teachers' Pension Act, this provision shall not apply.
(2) Where a person who has received the pension pursuant to the provisions of the proviso to paragraph (1) desires to have the length of his/her service period included as prescribed in Article 32 (1) of the Private School Teachers' Pension Act, he/she shall return the pension he/she has received after this Act entered into force and its interest as determined by Presidential Decree.
ADDENDA<Act No. 4318, Jan. 14, 1991>
(1) (Enforcement Date) This Act shall enter into force on October 1, 1991.
(2) (Transitional Measures concerning Occurrence of Occasion for Benefit) A benefit for the person to whom an occasion for the benefit occurs before this Act enters into force shall be pursuant to the previous provisions.
(3) (Transitional Measures concerning Calculation of Service Period) The amended provisions of Article 16 (10) and (11) shall not apply to the payment of a retirement allowance in case of a person who is in service as at the time this Act enters into force. But, from the period of temporary retirement from office (excluding the temporary retirement from office for the reasons indicated in the provisions of Article 16 (11)), the period of the cancellation of official position, and the suspension period after this Act enters into force, a half of each period shall be subtracted.
(4) (Transitional Measures concerning Repayment at Time of Inclusion of Service Period) Where a person in service as at the time this Act enters into force returns a repayment after having his/her service period included, he/she shall return it as well as the retirement benefit supplement as prescribed in the previous provisions.
ADDENDA<Act No. 4454, Dec. 27, 1991>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The calculation of the service period of a beneficiary as at the time this Act enters into force shall be pursuant to the previous provisions regardless of the amended ones of Article 16 (8).
ADDENDA<Act No. 4705, Jan. 5, 1994>
(1) (Enforcement Date) This Act shall enter into force on July 1, 1994: Provided, That the amended provisions of Article 30-5 through 30-9 shall enter into force as from the date when a soldier comes to receive medical care benefit pursuant to the Act on the Medical Insurance for Public Officials and Private School Teachers and Staff.
(2) (Transitional Measures concerning Occurrence of Occasion for Benefit) A benefit for the person to whom an occasion for the benefit occurs before this Act enters into force shall be pursuant to the previous provisions.
(3) (Transitional Measures concerning Prescription) The entitlement to a benefit which occurs before this Act enters into force shall be pursuant to the previous provisions regardless of the amended one of the proviso to Article 8.
ADDENDA<Act No. 5063, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1996: Provided, That the amended provisions of Article 21 (5) shall enter into force on January 1, 2000.
Article 2 (Transitional Measures concerning Occurrence of Occasion for Benefit)
A benefit for the person to whom an occasion for the benefit occurs before this Act enters into force shall be pursuant to the previous provisions.
Article 3 (Transitional Measures concerning Scope of Bereaved Family Members)
The spouse, children (including an unborn child on December 31, 1995), parents, grandchildren (including an unborn child on December 31, 1995), and grandparents whom a soldier or a veteran marries, gives birth to, or is adopted by before this Act enters into force after he/she retires before December 31, 1995 shall be pursuant to the previous provisions regardless of the amended provision of Article 3 (1) 4.
Article 4 (Transitional Measures concerning Inclusion of Service Period)
A soldier who is in service on December 31, 1995, and falls under Article 16 (6) may request the inclusion of his/her service period not later than December 31, 1997, regardless of the amended provisions of Article 16 (7).
Article 5 (Special Cases concerning Suspension of Payment of Retirement Pension)
The amended provision of Article 21 (5) (including the case in which Article 25 applies mutatis mutandis) shall also apply to a person to whom an occasion for a benefit occurs before December 31, 1999.
ADDENDA<Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force at the expiration of six months after its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5482, Dec. 31, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1998. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA<Act No. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 6290, Dec. 26, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 6327, Dec. 30, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001: Provided, That the amendments to Article 30-7 shall enter into force on January 1, 2002, and the amendments to Articles 21 (5) and (6), 21-2 on the day as prescribed by Presidential Decree to the extent of 5 years.
Article 2 (General Transitional Measures on Occurrence of Causes for Benefits)
With respect to the benefits to the person for whom the causes for benefits occurred prior to the enforcement of this Act, the previous provisions shall apply.
Article 3 (Transitional Measures on Application of Average Monthly Remuneration)
The average monthly remuneration under the amendments to Article 3 (1) 2 shall be computed on the basis of the service period after the enforcement of this Act, the service period or period in office included under Article 16 (6) after the enforcement of this Act.
Article 4 (Transitional Measures on Inclusion of Military Service Period before Appointment)
With respect to the inclusion of military service period before an appointment for those who are in office as of December 31, 2000, the previous provisions shall apply, notwithstanding the amendments to Article 16 (5).
Article 5 (Transitional Measures on Adjustment of Pension Amount)
(1) The pension amount of the recipient of pension as of December 31, 2000 shall be adjusted by the amendments to Article 17-2 on the basis of the pension amount as of December 31, 2000.
(2) Notwithstanding the amendments to Article 17-2 (3), the first adjustment of pension amount after the enforcement of this Act shall be made two years after the enforcement of this Act.
Article 6 (Transitional Measures on Payment Suspension of Retirement Pensions, etc.)
The amendments to Article 21-2 (including cases applied mutatis mutandis in Article 25) shall also apply to those for whom the causes for benefits occurred prior to the enforcement date of the same provision.
Article 7 Omitted.
ADDENDUM<Act No. 6785, Dec. 18, 2002>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2003.
(2) (Transitional Measures on Adjustment of Pension Amount) Notwithstanding the adjustment under the amendments to Article 17-2 (3), when an inverting phenomenon occurs in the amount of benefit which is a pen- sion between the upper and lower ranks of the same continuous years of service, such phenomenon shall be resolved through an extra replenishing.
ADDENDA<Act No. 7873, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Act No. 8023, Oct. 4, 2006>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures on Occurrence of Payment Reasons) The previous provisions shall govern the allowances for the person to whom the reasons for payment of allowances have occurred prior to the enforcement of this Act: Provided, That the amended provisions of Article 21-2 shall also apply to the person to whom the reasons for allowances have occurred prior to the enforcement date of the same provisions.
ADDENDA<Act No. 8081, Dec. 26, 2006>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Application Example concerning Calculation of Service Period for Payment of Retirement Allowances) The amended provisions of Article 16 (11) 2-2 shall apply, starting with the temporary retirement for which an application is first filed after the enforcement of this Act.
ADDENDA<Act No. 8151, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Article 2 (Abrogation of Other Act)
The Act on the Special Accounts for Veterans' Pensions shall be abrogated.
Article 3 (Transitional Measures concerning Fund)
The Fund for Veterans' Pension that is established pursuant to the previous Act on the Special Accounts for Veterans' Pensions as at the time this Act enters into force shall be deemed the legal liability reserve provided for in the provisions of Article 37-2 (1).
Article 4 (Transitional Measures concerning Settlement of Accounts)
(1) The settlement of accounts of the Special Accounts for Veterans' Pensions of the 2006 fiscal year shall be governed by the previous provisions.
(2) Any surplus resulting from the settlement of accounts of the Special Accounts for Veterans' Pensions of the 2006 fiscal year shall be accumulated as the legal liability reserve of the Fund of the 2007 fiscal year.
Article 5 (Succession of Properties, etc.)
The properties, claims and debts of the Special Accounts for Veterans' Pensions shall be succeeded by the Fund on the date when this Act enters into force.
Article 6 Omitted.
ADDENDA<Act No. 8373, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 43 Omitted.
ADDENDA<Act No. 8694, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2008. (Proviso Omitted.)
Articles 2 through 26 Omitted.
ADDENDA<Act No. 8732, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9904, Dec. 31, 2009>
This Act shall enter into force on January 1, 2010.
ADDENDA<Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 11 Omitted.
ADDENDA<Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 10649, May 19, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDA<Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA<Act No. 11632, Mar. 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the first day of the following month of the date when three months have elapsed after its promulgation.
Article 2 (Applicability to Adding Period Served as Officer Candidate Who Volunteered during Military Service to Service Periods, etc.)
(1) The amended provisions of subparagraph 3 of Article 2 and Article 16 (2) shall also apply to a person who has volunteered and served as a officer candidate during military service before this Act enters into force, who is a soldier in service as at the time this Act enters into force, or a person in the status of an officer candidate who volunteered during military service as at the time this Act enters into force.
(2) A person who intends to add up a period he/she has served as an officer candidate who volunteered during military service to the service period referred to in Article 16 (1) before this Act enters into force shall submit an application for adding up the service periods to the Minister of National Defense.
(3) A person who has applied for adding pursuant to paragraph (2) shall pay a retroactive contribution every month in the amount same as the contribution for the relevant month from the month to which the enforcement date of this Act belongs. In such cases, when the relevant soldier has retired from service or died during the payment of such retroactive contribution, the remaining retroactive contribution calculated on the basis of the amount of monthly standard income as at the time of his/her retirement or death shall be deducted from the relevant retirement benefits or survivor's benefits.
Article 3 (Applicability to Payment of Survivor's Pension)
The amended provisions of Article 19 (4) or 19-3 shall also apply where a survivor's pension is paid after this Act enters into force to a person who has been paid only a half of the survivor' pension pursuant to the former Article 19 (4) or 19-3, who is paid the survivor's pension pursuant to the former Article 26 (1) 3 as at the time this Act enters into force.
Article 4 (Applicability to Payment of Compensation for Disability)
Compensation for disability under the amended provisions of Article 32 shall be paid to a person who retires from service after this Act enters into force.
Article 5 (Special Cases on Application of Amount of Average Monthly Standard Income)
Notwithstanding the amended provisions of Article 3 (1) 2, the average amount of monthly standard income for the calculation of benefits under the amended provisions of Article 3 (1) 2 for the service period after this Act enters into force shall be the amount calculated by multiplying the average of monthly standard income calculated pursuant to Article 6 (3) of Addenda in order to adjust the excessive difference of benefits for each service period by the percentage prescribed by Presidential Decree for each service period.
Article 6 (Transitional Measures concerning Payment of Benefits)
(1) The former provisions shall apply to the payment of benefits for which a reason has occurred before this Act enters into force.
(2) The former provisions shall apply to the calculation of benefits for the service period (including the tenure of office and the service period before this Act enters into force of the period added up in accordance with the amended provisions of Articles 16 (6) and 16-2 of this Act and Article 2 of Addenda after this Act enters into force; hereinafter referred to as "former period") before this Act enters into force.
(3) The average of monthly standard income under the amended provisions of Article 3 (1) 2 shall be calculated on the basis of the service period (including the tenure of office and the service period after this Act enters into force from among the period added up in accordance with the amended provisions of Articles 16 (6) and 16-2 of this Act and Article 2 of Addenda after this Act enters into force; hereinafter referred to as "period thereafter") after this Act enters into force.
(4) The amount of a pension for the former period under paragraph (2) shall be calculated by the following methods:
1. The amount of a monthly pay or the average of monthly pay serving as the basis of the calculation of benefits shall be the amount calculated by converting the amount of a monthly pay of the month of the day before the enforcement date of this Act or the amount of average monthly pay calculated on the basis of the month of the day before the enforcement date of this Act, into the current value at the point of time of the date a reason for benefits occurred, as prescribed by Presidential Decree;
2. Where the former period does not exceed 20 years, the amount of a pension for the former period shall be the amount calculated by multiplying the average of monthly pay under subparagraph 1 by 25/1,000 for each service year;
3. Where the former period exceeds 20 years, the amount of a pension for the former period shall be the amount calculated by adding up an amount equivalent to 20/1,000 of the average monthly pay under subparagraph 1 for every service year exceeding 20 to an amount equivalent to 500/1,000 of the average monthly pay under subparagraph 1. In such cases, the amount of a retirement pension for the former period shall not exceed 760/1,000 of the average monthly pay under subparagraph 1.
(5) Where a retirement pension or a survivor's pension falling under Article 26 (1) 1 is calculated for a person whose period totalling the former period and the period thereafter after this Act enters into force exceeds 33, and who is in military service as at the time this Act enters into force, the amount thereof shall be calculated, considering the period from the beginning month of the former period to the month when 33 years have elapsed as the service period governed by this Act.
(6) A retirement pension in one lump sum (including cases where a survivor's pension in one lump sum is calculated), a retirement pension and a lump sump payment after deduction (limited to a person who has selected the lump sum payment after deduction), a severance pay in one lump sum (including cases where a lump sum payment to the bereaved family is calculated) or a retirement allowance of a person in military service as at the time this Act enters into force (including persons whose service period has been added up pursuant to the amended provisions of Article 16 (6) and 16-2 of this Act and Article 2 of Addenda after this Act enters into force) to whom a reason for benefits occurs after this Act enters into force shall be calculated by adding the following amounts:
1. The amount calculated by multiplying the amount of the relevant benefits calculated in accordance with the amended provisions Article 21 (3), (4), 22 or 30-4 for the total service period on the basis of the monthly standard income when a reason for benefits occurs, by the percentage of the period thereafter to the total service period (referring to the number of service years deducted where a retirement pension is calculated for a person who has selected a lump sum payment after deduction, referring to the period excluding the number of service years deducted of the total service period, and where a lump sum payment after deduction is calculated; hereinafter the same shall apply in subparagraph 2);
2. The amount calculated by multiplying the relevant benefits calculated pursuant to the former Article 21 (3) or (4), the former Article 22 or the former Article 30-4 for the total service period on the basis of the amount calculated by converting the monthly pay of the month of the day before the enforcement date of this Act into the current value pursuant to paragraph (4) 1 by the percentage of the former period to the total service period.
Article 7 (Transitional Measures concerning Adjustment of Amount of Pension, etc.)
(1) Notwithstanding the amended provisions of Article 17-2 of this Act and Article 6 (1) of Addenda, pension benefits shall be adjusted pursuant to the former Article 17-2 until 2013.
(2) Notwithstanding the amended provisions of Article 17-2 of this Act and Article 6 (1) of Addenda, where the yearly difference between the nationwide consumer price fluctuation rate under the former Article 17-2 (1) and the military pay fluctuation rate of the relevant year exceeds three percentage points, pension benefits shall be adjusted so that the difference between the nationwide consumer price fluctuation rate for each year and the military pay fluctuation rate of the relevant year is maintained below three percentage points from 2014 until 2018.
Article 8 (Transitional Measures concerning Payment of Survivor's Pension)
Notwithstanding the amended provisions Articles 19-2 (2), (3) and 26 (2) 1, where a soldier who has been serving in the military from the time before this Act enters into force, or a soldier who retired before this Act enters into force has died or has been missing, the amount of a survivor's pension shall be equivalent to 70/100 of a retirement pension or a pension for wounds that the person who is or was a soldier could have received.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.