SPECIAL POST OFFICES ACT

Article 1(Purpose) #

The purpose of this Act is to provide more convenience to people by establishing and operating special post offices in areas where no post office currently exists and to contribute to the economic stability and the improvement of welfare of the employees of such special post offices and their bereaved families by establishing an appropriate benefits system regarding the retirement and death of their employees.

[This Article Wholly Amended on May 24, 2011]

Article 2(Definitions) #

(1) The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

1. The term "special post office" means a post office which provides postal services delegated by the State after being designated by the Minister of Science and ICT and which is located inside office buildings and other facilities at its own expense;

2. The term "designee" means a person who is designated, as prescribed in Article 3 and furnishes facilities;

3. The term "employee" means a special postmaster (hereinafter referred to as "postmaster") and persons who are employed, as prescribed in Article 8 and work for the special post office;

4. The term "retirement" means removal from office, resignation, and all kinds of dismissal from office for reasons other than death: Provided, That this shall exclude cases where an employee is reappointed on the date his/her employee status is terminated or on the following day and he/she has not been paid retirement benefits or retirement allowance;

5. The term "standard monthly income" means criteria for calculating charges and benefits, which is an average amount obtained by dividing the total amount of annual income payment earned by holding office for a certain period, less non-taxable income, by 12 months. In such cases, matters concerning the scope of income and non-taxable income, method of determining a standard monthly income, and applicable period thereof, etc. shall be prescribed by Presidential Decree;

6. The term "average standard monthly income" means an amount obtained by dividing the amount, obtained by adding the standard monthly income for each year during the period of office after converting it into a present value as of the date (referring to the date before the date of retirement where grounds for benefits arise due to retirement or grounds for benefits arise after retirement; hereinafter the same shall apply) on which grounds for benefits arise, as prescribed by Presidential Decree, in consideration of the rate of increase in remuneration for public officials, etc., by the period of service: Provided, That in cases of the average standard monthly income, which serves as the basis for the calculation of a retirement pension or an early retirement pension pursuant to Article 25-2 (1) and (2) and a pension for the bereaved family (excluding where a person who has been an employee dies while receiving a retirement pension or an early retirement pension and his or her bereaved family receives a pension for the bereaved family) prescribed in Article 25-3 (1), such amount shall be obtained by converting the average standard monthly income at the time reasons for benefits arose into the present value as of the time when the payment of pensions begins in consideration of the rate of increase in remuneration for public officials, etc., as prescribed by Presidential Decree;

7. The term "charge" means the expenses incurred in connection with the payment of benefits, which is an amount borne by the designee (hereinafter referred to as "charge for designee") and an amount borne by an employee (hereinafter referred to as "individual charge");

8. The term "bereaved family" means any of the following dependents supported by a current or former employee at the time of his or her death:

(a) Spouse (limited to a person who has been married while in office, and including a person in a de facto marriage);

(b) Offspring (excluding an offspring who is born or adopted after an employee's retirement, however, an unborn child at the time of his or her retirement shall be deemed offspring born while in office: hereinafter the same shall apply);

(c) Parents (excluding parents where he or she is adopted after retirement);

(d) Grandchildren (excluding grandchildren born or adopted after the date of retirement, however, an unborn child at the time of an employee's retirement shall be deemed grandchildren born while in office; hereinafter the same shall apply);

(e) Grandparents (excluding grandparents where he/she is adopted after the date of an employee's retirement).

(2) The offspring and grandchildren in paragraph (1) 8 shall be limited to any of the following persons. In such cases, grandchildren shall be limited to those who grow up fatherless or whose father is classified a degree of disability prescribed by Presidential Decree: <Amended by Act No. 11658, Mar. 22, 2013>

1. A person who is under the age of 19 years;

2. A person who is 19 years of age or older and is classified a degree of disability prescribed by Presidential Decree.

(3) An unborn child at the time a current or former employee dies shall be deemed to have been already born when benefits are paid pursuant to this Act.

[This Article Wholly Amended on May 24, 2011]

Article 3(Designation of Special Post Offices) #

(1) A person who intends to establish and operate a special post office shall be designated by the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

(2) A person who intends to be designated as prescribed in paragraph (1) shall satisfy the eligibility requirements prescribed in Article 3-2 and has the capability to furnish the facilities prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

(3) Where a person designated pursuant to paragraph (1) intends to cancel such designation, he/she shall notify the Minister of Science and ICT thereof three months before such cancellation. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 3-2(Eligibility Requirements of Designee) #

The designee shall satisfy all the following eligibility requirements: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12721, Jun. 3, 2014; Act No. 13562, Dec. 15, 2015; Act No. 14839, Jul. 26, 2017>

1. That he/she shall be a citizen of the Republic of Korea and at least 19 years of age;

2. That he/she shall not fall under any ground for disqualification prescribed in the subparagraphs of Article 33 of the State Public Officials Act;

3. That he/she shall have the knowledge and skills necessary to operate a special post office;

4. That he/she shall possess assets prescribed by Ordinance of the Ministry of Science and ICT;

5. That he/she shall designate at least two persons with assets prescribed by Ordinance of the Ministry of Science and ICT as fidelity guarantors, or he/she shall be eligible to buy a fidelity guarantee insurance (limited to insurance policies issued by insurance companies prescribed in the Insurance Business Act; hereafter the same shall apply in this Article) at least in the amount prescribed by Ordinance of the Ministry of Science and ICT.

[This Article Wholly Amended on May 24, 2011]

Article 3-3(Succession to Designation) #

The offspring or spouse of a designee may succeed to the designation of a special post office, as prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 4(Appointment of Postmasters) #

The Minister of Science and ICT shall appoint any of the following persons as a postmaster: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

1. Designee;

2. A person recommended by the designee.

[This Article Wholly Amended on May 24, 2011]

Article 5(Qualifications for Postmasters) #

A postmaster shall satisfy all the following qualifications: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12721, Jun. 3, 2014; Act No. 13562, Dec. 15, 2015; Act No. 14839, Jul. 26, 2017>

1. That he/she shall be a citizen of the Republic of Korea and at least 19 years of age;

2. That he/she shall not fall under any ground for disqualification prescribed in the subparagraphs of Article 33 of the State Public Officials Act;

3. That he/she shall not have any physical or mental condition that would substantially affect his/her job performance;

4. That he/she shall have the knowledge and skills necessary for the performance of duties;

5. That he/she shall possess assets prescribed by Ordinance of the Ministry of Science and ICT;

6. That he/she shall designate at least two persons with assets prescribed by Ordinance of the Ministry of Science and ICT as fidelity guarantors, or he/she shall be eligible to buy a fidelity guarantee insurance at least in the amount prescribed by Ordinance of the Ministry of Science and ICT.

[This Article Wholly Amended on May 24, 2011]

Article 6(Jurisdictional Duties of Special Post Offices) #

The special post office shall take charge of the same duties as a post office.

[This Article Wholly Amended on May 24, 2011]

Article 7(Posting of Public Officials) #

The Minister of Science and ICT may post public officials under his or her control to serve in the special post offices, if necessary. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 8(Hiring of Employees) #

(1) The postmaster may hire employees (excluding a postmaster), as prescribed by Ordinance of the Ministry of Science and ICT, to perform his or her jurisdictional duties. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017; Jan. 23, 2024>

(2) A person specified in any of the subparagraphs of Article 33 of the State Public Officials Act shall not be hired as an employee. <Newly Inserted on Jan. 23, 2024>

[This Article Wholly Amended on May 24, 2011]

Article 8-2(Retirement Age) #

(1) The retirement age of employees shall be 60 years of age.

(2) If an employee reaches retirement age on a date that falls between January and June, he/she shall normally retire on June 30, and if he/she reaches retirement age on a date that falls between July and December, he/she shall normally retire on December 31.

[This Article Newly Inserted on May 24, 2011]

Article 9(Official Duties) #

(1) An employee shall be deemed a public official in applying the provisions of Articles 122, 123, 127 and 129 through 135 of the Criminal Act.

(2) An employee shall be deemed a public official in applying the provisions of Articles 2 through 4 of the Act on Liability of Accounting Personnel.

[This Article Wholly Amended on May 24, 2011]

Article 10(Personnel Management) #

Matters necessary for the appointment, service, remuneration of, and disciplinary actions, etc. against employees shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 10-2(Natural Retirement) #

(1) When the designation of a special post office is terminated or canceled in accordance with Articles 3 (3) and 15, the postmaster and employees thereof shall naturally retire: Provided, That this shall not apply where a postmaster appointed on the recommendation of the designee takes over the business affairs of the special post office and is newly designated as a designee.

(2) When the postmaster or an employee falls under subparagraph 1 of Article 69 of the State Public Officials Act, he or she shall naturally retire.

[This Article Newly Inserted on Jan. 23, 2024]

[Previous Article 10-2 moved to Article 10-3 <Jan. 1, 2023>]

Article 10-3(Honorable Retirement) #

(1) If an employee (excluding a postmaster) who has completed at least 20 years of continuous service voluntarily retires before the prescribed retirement age, honorable retirement allowances may be paid to him/her within the budget.

(2) If an employee who has served less than 20 years voluntarily retires before the prescribed retirement age where the designation of a special post office has been canceled in accordance with a government plan pursuant to Article 15 (1) 3, where the special post office closes or where the total number of employees exceeds the prescribed number of regular employees due to any changes to or abolition of the prescribed number of regular employees, budget cuts, etc., he or she may be paid an allowance within the budget. <Amended on Jun. 9, 2020>

(3) Where a person who has received honorable retirement allowances, etc., as prescribed in paragraphs (1) and (2) falls under any of the following, the Minister of Science and ICT shall recover such honorable retirement allowances, etc. In such cases, if a person who is required to return honorable retirement allowances fails to do so by the payment deadline, he/she may be collected in the same manner as delinquent national taxes are collected: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

1. Where he/she is sentenced to imprisonment without labor or greater punishment declared by a court on the grounds which arise while in office;

2. Where he/she is reappointed or reemployed as an employee;

3. Where he/she receives excess honorable retirement allowances, etc. or where he/she receives honorable retirement allowances, etc. when he/she is not entitled to such honorable retirement allowances, etc.

(4) Necessary matters regarding honorable retirement allowances under paragraph (1), the scope of persons entitled to receive allowances under paragraph (2), the amount to be paid, payment procedures, the amount of honorable retirement allowances to be recovered under paragraph (3), recovery procedures, etc. shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

[Moved from Article 10-2; previous Article 10-3 moved to Article 10-4 <Jan. 23, 2024>]

Article 10-4(Restrictions on Engaging in Profit-Making Business and Dual Office Holding by Employee) #

(1) No employee shall engage in duties for profit-making purposes other than his/her essential duties, as prescribed by Presidential Decree.

(2) No employee shall concurrently hold any of the following positions: <Amended by Act No. 14575, Mar. 14, 2017>

1. Member of the National Assembly or a local council;

2. Member of an election commission at any level;

3. Executive officers or employees of agricultural cooperatives, fisheries cooperatives, forestry cooperatives, tobacco producers cooperatives, credit unions and community credit cooperatives (including central committees and federations thereof).

[This Article Newly Inserted by Act No. 9880, Dec. 30, 2009]

[Moved from Article 10-3 <Jan. 23, 2024>]

Article 11(Liability for Damages) #

(1) Where an employee has inflicted damage on the national treasury by intention or negligence in the course of performing his/her duties, the designee or postmaster shall provide compensation.

(2) Where the designee or postmaster provides compensation, as prescribed in paragraph (1), he/she may claim compensation against the employee.

[This Article Wholly Amended on May 24, 2011]

Article 12(Sale of Stamps at Discounted Price) #

Stamps sold at special post offices may be sold at a discount, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 13(Fees) #

The Minister of Science and ICT may pay fees and clerical expenses or provide goods necessary to perform the duties of special post offices. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 14 #

Deleted. <by Act No. 5602, Dec. 30, 1998>

Article 15(Cancellation of Designation) #

(1) The Minister of Science and ICT may cancel the designation of a special post office in any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

1. Where the designee fails to satisfy the eligibility requirements prescribed in Article 3-2;

2. Where the designee lacks the capability to furnish the facilities or fails to do so pursuant to Article 3 (2);

3. Where it is no longer necessary to maintain a special post office in accordance with the governmental plan.

(2) Where the designation of a special post office is cancelled, as prescribed in paragraph (1), the designee shall not dismantle the facilities until a post office or another special post office that will take over the duties is designated, and is equipped with facilities necessary to perform such duties: Provided, That the foregoing shall not apply where three months have elapsed since the date of cancellation.

(3) Where the Minister of Science and ICT has used all or part of the existing facilities until necessary facilities are furnished, as prescribed in paragraph (2), he/she shall pay reasonable charges therefor. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

(4) Where the Minister of Science and ICT intends to cancel the designation of a special post office for any reason falling under paragraph (1) 3, he/she shall give three months' prior notice thereof to the public, and pay reasonable compensation, as prescribed by Presidential Decree, after cancellation. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 15-2(Hearings) #

Where the Minister of Science and ICT intends to cancel the designation of a special post office, as prescribed in Article 15 (1), he/she shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 16(Special Post Office Pension Service Agency) #

(1) A special post office pension service agency (hereinafter referred to as the "Pension Service Agency") shall be established in order to perform the following duties:

1. Collection of charges and other expenses;

2. Determination and payment of benefits;

3. Operation of assets;

4. Projects for the promotion of the welfare of employees;

5. Other matters concerning benefits.

(2) The Pension Service Agency shall be a juristic person and shall be duly established when its establishment is registered with the registry having jurisdiction over its principal place of business.

[This Article Wholly Amended on May 24, 2011]

Article 16-2(Articles of Incorporation) #

(1) The articles of incorporation of the Pension Service Agency shall state the following matters:

1. Objectives;

2. Name;

3. Matters concerning the main office and branches;

4. Matters concerning executive officers and employees;

5. Matters concerning the board of directors;

6. Matters concerning its projects;

7. Matters concerning assets and accounting;

8. Matters concerning the amendments to the articles of incorporation;

9. Matters concerning the enactment of, amendment to, and repeal of the provisions;

10. Matters concerning methods for public announcement.

(2) If the articles of incorporation are to be prescribed or amended, approval from the Minister of Science and ICT shall be obtained. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 16-3(Executive Officers) #

(1) The Pension Service Agency shall have at least five but not more than seven directors, including one president, and one auditor as its executive officers.

(2) The president and directors shall be appointed and dismissed by the Minister of Science and ICT from among persons with knowledge and experience in providing postal services. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

(3) The auditor shall be appointed and dismissed by the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 16-4(Grounds for Disqualification of Executive Officers) #

None of the following persons shall be an executive officer of the Pension Service Agency:

1. A person who is not a citizen of the Republic of Korea;

2. A person falling under any ground for disqualification prescribed in the subparagraphs of Article 33 of the State Public Officials Act.

[This Article Wholly Amended on May 24, 2011]

Article 16-5(Dismissal of Executive Officers) #

(1) If an executive officer falls under any of the subparagraphs of Article 16-4, he/she shall mandatorily retire from office.

(2) If an executive officer falls under any of the following, the Minister of Science and ICT may dismiss such executive officer: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

1. Where the performance of duties is impracticable or impossible due to a physical or mental impairment;

2. Where he/she has inflicted a loss on the Pension Service Agency by intention or gross negligence;

3. Where he/she has violated official duties.

[This Article Wholly Amended on May 24, 2011]

Article 16-6(Restrictions on Dual Office Holding by Executive Officers and Employees) #

No executive officers (excluding non-standing executive officers; hereafter the same shall apply in this Article) or employees of the Pension Service Agency shall engage in any work for a profit-making purpose other than their essential duties; no executive officers shall hold any other position without permission from the Minister of Science and ICT; and no employees shall hold any other position without permission from the president. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 16-7(Board of Directors) #

(1) The Pension Service Agency shall have the board of directors to deliberate on and determine important matters concerning duties.

(2) The board of directors shall consist of the president and directors.

(3) The president shall convene meetings of the board of directors and preside over such meetings.

(4) A majority of the members of the board of directors shall constitute a quorum to open a meeting and any decision thereof shall require the concurring votes of a majority of those present.

(5) The auditor may attend any meeting of the board of directors and make a statement.

[This Article Wholly Amended on May 24, 2011]

Article 16-8(Legal Fiction as Public Officials in Application of Penalty Provisions) #

The executive officers and employees of the Pension Service Agency shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.

[This Article Wholly Amended on May 24, 2011]

Article 17(Registration) #

(1) Matters concerning the registration of the Pension Service Agency shall be prescribed by Presidential Decree.

(2) The Pension Service Agency may be asserted against a third party with respect to the matters required to be registered, except after its registration.

[This Article Wholly Amended on May 24, 2011]

Article 18(Dissolution) #

The dissolution of the Pension Service Agency shall be prescribed separately by other Acts.

[This Article Wholly Amended on May 24, 2011]

Article 19(Report and Inspection of Books) #

(1) If deemed necessary to ensure the appropriateness of benefits under this Act, the Pension Service Agency may request persons relating to benefits to make a statement, to present books, documents, and other goods, or to attend meetings to give explanations, or may require executive officers and employees under its control to inspect them.

(2) Executive officers and employees conducting inspections pursuant to paragraph (1), shall carry an identification indicating their authority and present it to the interested parties.

(3) If deemed necessary to ensure the appropriateness of benefits under this Act, the Pension Service Agency may require state agencies, local governments, the Government Employees Pension Service established under the Public Officials Pension Act, the Teachers’ Pension established under the Pension for Private School Teachers and Staff Act, the National Pension Service established under the National Pension Act, other public organizations, etc., to investigate income, etc. referred to in Article 27-2 (3) or to provide data about employee pension plans. Upon receipt of a request in such cases, an agency or organization shall comply with such request unless there is a compelling reason not to do so. <Amended by Act No. 13562, Dec. 15, 2015>

(4) The data provided for the Pension Service Agency under paragraph (3), shall be exempted from use charges, fees, etc. <Newly Inserted by Act No. 13562, Dec. 15, 2015>

(5) If a person entitled to benefits does not comply with a request to file a report, a presentation, or an appearance for explanation, etc. under paragraph (1), without good cause, the payment of benefits to such person may be suspended until he/she complies with the request.

[This Article Wholly Amended on May 24, 2011]

Article 20(Methods of Operating Assets) #

The assets of the Pension Service Agency shall be operated by the following methods:

1. Putting the assets into a deposit or trust account at a financial institution prescribed by Presidential Decree;

2. Extending loans to employees or qualified recipients of pensions;

3. Purchase of securities prescribed by Presidential Decree;

4. Operation of assets for business recognized as necessary for promoting the welfare of employees;

5. Operation of assets for a profit-making business prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 21(Management of Profits and Appropriation of Liability Reserve) #

(1) The Pension Service Agency shall reserve its net profits for each fiscal year, and operate these profits as prescribed in Article 20.

(2) The Pension Service Agency shall appropriate liability reserve each time accounts are closed, as prescribed by the articles of incorporation.

(3) Necessary matters concerning fiscal years, accounting principles, budget, closing of accounts, etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 21-2(Approval of Business Plans) #

(1) The Pension Service Agency shall obtain approval of its annual business plans for each fiscal year and for its budget from the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

(2) The Pension Service Agency shall report the business performance for the previous year and closing of accounts to the Minister of Science and ICT within three months from the end of each fiscal year. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 22(Supervision, Report, and Examination) #

(1) The Minister of Science and ICT shall supervise the duties of the Pension Service Agency, as prescribed in this Act, and may issue orders of compensation, reinstatement, and correction of the violations of the articles of incorporation after such supervision is completed. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

(2) If deemed necessary, the Minister of Science and ICT may order the Pension Service Agency to submit a report, or have public officials under his/her jurisdiction inspect the state of duties, books, documents, or other necessary goods of the Pension Service Agency. In such cases, public officials conducting inspections shall carry an identification indicating their authority and present it to interested parties. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 23(Operating Expenses of Pension Service Agency) #

The Pension Service Agency may disburse an amount that is within the limit prescribed by Presidential Decree from among profits derived from the operation for each fiscal year as expenses necessary to operate the Pension Service Agency.

[This Article Wholly Amended on May 24, 2011]

Article 23-2(Application Mutatis Mutandis of the Civil Act) #

Except as provided in this Act, the provisions concerning an incorporated foundation in the Civil Act shall apply mutatis mutandis to the Pension Service Agency.

[This Article Wholly Amended on May 24, 2011]

Article 24(Benefits) #

(1) Upon the retirement or death of an employee or in the case of Article 25-14, the Pension Service Agency shall pay the long-term benefits prescribed in paragraph (2), while it shall pay the short-term benefits prescribed in paragraph (3) to an employee who has suffered a disaster, etc. <Amended by Act No. 13562, Dec. 15, 2015>

(2) Long-term benefits payable to an employee shall be as follows: <Amended by Act No. 13562, Dec. 15, 2015>

1. Retirement benefits:

(a) Retirement pension;

(b) Lump sum pension at retirement;

(c) Lump sum retirement pension deduction;

(d) Lump sum payment at retirement;

2. Bereaved family's benefits:

(a) Pension for the bereaved family;

(b) Bereaved family pension supplement;

(c) Special additional money to bereaved family's pension;

(d) Lump sum bereaved family's pension;

(e) Lump sum to the bereaved family;

3. Off-duty disability pension;

4. Retirement allowance.

(3) Short-term benefits payable to an employee are as follows:

1. Condolence money;

2. Disaster relief money.

[This Article Wholly Amended on May 24, 2011]

Article 24-2(Period and Timing of Pension Payment) #

(1) Pension benefits shall be paid for the period beginning with the month immediately following the month in which the date a reason for the payment thereof arises falls and ending with the month in which the date such reason ceases to exist falls: Provided, That in cases falling under Article 25-2 (1) 1 and (2), benefits shall be paid beginning with the month (excluding cases included in the period of service as prescribed in Article 34 (1)) in which the date he/she reaches the relevant age falls and ending with the month in which the date such reason ceases to exist falls.

(2) If any reason that justifies suspension of the payment of pension benefits arises, such payment shall be suspended beginning with the month immediately following the month in which such reason arises and ending with the month in which such reason ceases to exist: Provided, That where the date a reason for suspension arises and the date such reason ceases to exist fall within the same month, such payment shall not be suspended.

(3) Article 35 of the Public Officials Pension Act shall apply mutatis mutandis to the adjustment of the amount of pension benefits and the timing of application of such adjustment. <Amended by Act No. 15523, Mar. 20, 2018>

(4) Such pension benefits shall be paid every month, as prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 24-3(Exceptions to Payment of Pensions) #

(1) Where a person entitled to pension benefits emigrates to a foreign country, he/she may receive in lump sum an amount equivalent to four years’ worth of pension based on the month following the month in which he/she leaves Korea in lieu of such benefits at his/her request.

(2) Where a person entitled to pension benefits loses nationality, he/she may receive in lump sum an amount equivalent to four years’ worth of pension based on the month following the month in which the date he/she loses nationality falls in lieu of pension benefits, at his/her request.

[This Article Wholly Amended on May 24, 2011]

Article 24-4(Order of Precedence of Bereaved Family) #

(1) The order of precedence for the receipt of benefits as bereaved family shall be governed by the order of inheritance.

(2) If at least two persons from among bereaved family members are in the same order of precedence, such benefits shall be equally divided between them, and a method of payment thereof shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 24-5(Benefits for Missing Persons) #

(1) Where a person entitled to the retirement benefit has been missing for at least one year, his/her retirement benefit may be paid to his/her successor (he/she shall fall within the scope of bereaved family members; hereafter the same shall apply in this Article) at the successor's request.

(2) Where a successor files a request for the payment of pension on behalf of a missing person, as prescribed in paragraph (1), such pension shall be paid from the time such missing person becomes entitled to the retirement pension or early retirement pension pursuant to this Act, and where the whereabouts of the missing person is not known even after three years have passed from the time he/she becomes entitled to pension, an amount equivalent to 60/100 of the pension shall be paid, beginning with the following month.

(3) Where a missing person is confirmed dead after the payment of benefits under paragraph (2), a pension for the bereaved family shall be paid to the successor, beginning with the month following the month in which the date his/her death is confirmed falls: Provided, That in cases where the date of the death of the missing person falls within three years after the payment of benefits under paragraph (1), the successor shall pay the Pension Service Agency an amount obtained by adding interest prescribed by Presidential Decree to the difference between benefits actually paid and the pension for the bereaved family that the successor is entitled to, beginning with the month following the month of death until the month in which three years have elapsed after the payment of benefits under paragraph (1).

(4) Where a missing person is confirmed to be alive, a retirement pension or an early retirement pension shall be paid to the person who has been missing, beginning with the month following the month in which the date the missing person is confirmed alive falls. In such cases, where an amount equivalent to 60/100 of the retirement pension or early retirement pension has been paid to the successor, as prescribed in paragraph (2), he/she shall be paid an amount obtained by adding interest prescribed by Presidential Decree to the difference between the amount of benefits for the period during which 60/100 was paid and the amount of benefits to be paid.

(5) Where the number of successors prescribed in paragraph (1) is at least two, Article 24-4 shall apply mutatis mutandis to the order of successors and the payment of retirement benefits, and the provisions of Article 27-4 shall apply mutatis mutandis to the loss of entitlement by a successor prescribed in paragraph (2).

(6) Where a person entitled to a pension for the bereaved family has been missing for at least a year, such pension for the missing period shall be paid to a person in the same order of precedence at such person's request, and where no other person ranks in the same order, it shall be paid to a person next in the order of precedence at such person's request.

Article 24-6(Exceptions to Recipients of Benefits) #

(1) Where a former or current employee dies and there is no family member to receive benefits, an amount falling within the scope prescribed by Presidential Decree shall be paid to a lineal descendant who is not a bereaved family member, and where no lineal descendant exists, it may be used for the former or current employee in question.

(2) Where there are at least two lineal descendants prescribed in paragraph (1) who are not bereaved family members, the provisions of Article 24-4 shall apply mutatis mutandis to the payment of benefits.

[This Article Wholly Amended on May 24, 2011]

Article 25(Basis of Calculation of Amount of Benefits) #

(1) The calculation of the following benefits shall be based on the standard monthly income for the month in which grounds for benefits arise: <Amended by Act No. 13562, Dec. 15, 2015>

1. Long-term benefits referred to in Article 24 (2) (excluding the retirement pension and early retirement pension paid under Article 25-2 (1) and (2) and the pension for bereaved family paid under the main sentence of Article 25-3 (1);

2. Condolence mony paid under Article 25-5 (2), among short-term benefits referred to in Article 24 (3).

(2) The calculation of a retirement pension and an early retirement pension under Article 25-2 (1) and (2) and a pension for bereaved family under the main sentence of Article 25-3 (1) shall be based on the following amounts. In such cases, the standard monthly income shall not exceed 160/100 of the average standard monthly income of all employees: <Amended by Act No. 13562, Dec. 15, 2015>

1. The amount calculated by dividing the sum of the following amounts by 3 and then converting the amount into the present value at the time the payment of the pension begins, taking into consideration the salary increase rate for employees, as prescribed by Presidential Decree:

(a) The amount determined by converting the average standard monthly income of all employees for three years before retirement based on the nationwide rate of change in consumer prices between the immediately preceding year before retirement and the third preceding year before retirement;

(b) The amount determined by converting the average standard monthly income of all employees for two years before retirement with the nationwide rate of change in consumer prices between the immediately preceding year before retirement and the second preceding year before retirement;

(c) The average standard monthly income of all employees for the immediately preceding year before retirement;

2. The average standard monthly income.

(3) The calculation of the following benefits shall be based on the average standard monthly income of all employees for the month in which grounds for benefits arise: <Newly Inserted by Act No. 13562, Dec. 15, 2015>

1. Condolence mony for death paid under Article 25-5 (1), among the short-term benefits referred to in Article 24 (3);

2. Disaster relief money paid under Article 25-6, among the short-term benefits referred to in Article 24 (3).

Article 25-2(Retirement Benefits) #

(1) Where an employee completes at least ten years of service before retirement, the employee shall be entitled to the retirement pension until he/she dies from the time any of the following events occurs: <Amended by Act No. 13562, Dec. 15, 2015; Jun. 9, 2020>

1. When he/she attains the age of 65 years;

2. When five years have elapsed since he/she retired because the designation of the special post office was canceled under Article 15 (1) 3;

3. When he/she has a disability prescribed by Presidential Decree.

(2) Notwithstanding paragraph (1), if an employee completes at least ten years of service before retirement but retires before the time the payment of the retirement pension under paragraph (1) 1 begins, he/she may be entitled to the payment of any of the following amounts until he/she dies, if he/she wishes to receive it as an early retirement pension, based on the number of years that fall short of the time the payment of the retirement pension under paragraph (1) 1 begins (hereinafter referred to as "number of years falling short"): <Amended by Act No. 13562, Dec. 15, 2015>

1. The number of years falling short is not more than one year: 95/100 of the amount equivalent to a retirement pension;

2. The number of years falling short is more than one year but not more than two years: 90/100 of the amount equivalent to a retirement pension;

3. The number of years falling short is more than two years but not more than three years: 85/100 of the amount equivalent to a retirement pension;

4. The number of years falling short is more than three years but not more than four years: 80/100 of the amount equivalent to a retirement pension;

5. The number of years falling short is more than four years but not more than five years: 75/100 of the amount equivalent to a retirement pension.

(3) If a person entitled to a retirement pension or an early retirement pension under paragraphs (1) and (2) so wishes, he/she may be paid a lump sum retirement pension in place of the retirement pension or early retirement pension, or lump sum retirement pension deduction (hereinafter referred to as "lump sum of pension deduction") may be paid in place of a retirement pension or an early retirement pension for the period of his/her choice out of the total period he/she has been in office in excess of ten years (where the period he/she has been in office has been added up as prescribed in Article 34 for a person entitled to a retirement pension or an early retirement pension, referring to the period he/she has been in office including the added up period). <Amended by Act No. 13562, Dec. 15, 2015>

Article 25-3(Bereaved Family Benefits) #

(1) If a person entitled to a retirement pension or an early retirement pension dies, a pension for the bereaved family shall be paid to the bereaved family: Provided, That where an employee dies while in service, a bereaved family pension supplement shall be separately paid in addition to a pension for the bereaved family; and where a person who has been an employee dies before the payment of pension begins or a recipient of a retirement pension or an early retirement pension dies within three years from the month following the month in which the day before the retirement date falls, special money shall be paid in addition to a pension for the bereaved family.

(2) In cases falling under the former part of the proviso to paragraph (1), a lump sum bereaved family's pension shall be paid in lieu of a pension for the bereaved family and a bereaved family pension supplement.

(3) Where an employee dies after having been in office for less than ten years, a lump sum payment for a bereaved family shall be made to the bereaved family. <Amended by Act No. 13562, Dec. 15, 2015>

(4) The pension for the bereaved family shall be equivalent to 60/100 of the retirement pension or the early retirement pension to which a person who has been an employee is entitled: Provided, That where a person entitled to a retirement pension or an early retirement pension dies before he/she reaches the age entitling him/her to receive a pension (where he/she dies when the number of years falling short exceeds five years, he/she shall be deemed to have died when the number of years falling short is more than four years but not more than five years), an amount equivalent to 60/100 of the early retirement pension accrued at the time of his/her death shall be paid as a pension for the bereaved family.

(5) Article 25-2 (5) shall apply mutatis mutandis to the lump sum bereaved family's pension and Article 25-2 (7) and (8) shall apply mutatis mutandis to the lump sum amount payable to the bereaved family.

(6) The bereaved family pension supplement shall be equivalent to 1/4 of the amount corresponding to the lump sum pension for retirement payable at the time of death.

(7) The special money to be added to bereaved family's pension shall be obtained by multiplying the amount equivalent to 1/4 of the amount corresponding to the lump sum pension for retirement (where lump sum pension deduction has been selected, referring to the lump sum pension for retirement for the period for which pension has been selected) at the time of retirement by the value obtained by the following formula:

Article 25-4(Linking Retirement Benefits concerning Reorganization) #

(1) Where the postal services of a special post office commissioned by the State are transferred to an institution newly established (hereinafter referred to as "newly established institution") due to reorganization, discontinuance, etc. of a State agency, and thus an employee engaged in such service (including related service) retires and becomes an executive officer or employee of the newly established institution, the previous period of service of such executive officer or employee shall be calculated pursuant to Article 34 and added up to the period of service at the newly established institution when retirement benefits of the newly established institution are calculated, and if such executive officer or employee retires from the newly established institution or dies, an amount equivalent to a lump sum pension for retirement or lump sum payment for retirement, which is a retirement benefit for a former employee under this Act, shall be transferred to the newly established institution from the Pension Service Agency.

(2) The calculation of a lump sum retirement pension or lump sum payment for retirement to be transferred to a newly established institution as prescribed in paragraph (1) shall be governed by the provisions concerning the calculation of retirement benefits at the time such employee retires. However, the standard monthly income of an employee as at the time when he/she retires or dies while in service at the newly established institution shall be the standard monthly income to be used as the basis for such calculation.

[This Article Wholly Amended on May 24, 2011]

Article 25-5(Condolence Money) #

(1) Where the spouse, parents (including the parents of a spouse), or offspring of an employee dies, condolence money shall be paid to such employee. In such cases, where two or more employees are entitled to such condolence money, it shall be paid to one employee prescribed by Presidential Decree, however, where another employee has provided for such dependent(s), it shall be paid to the employee.

(2) Where an employee dies, condolence money shall be paid to the spouse, and where no spouse exists, it shall be paid to a person who performs a funeral service or a religious service, as prescribed by Presidential Decree.

(3) The condolence money paid under paragraph (1) shall be equivalent to 65/100 of the average standard monthly income of all employees, while the condolence money paid under paragraph (2) shall be equivalent to 195/100 of the standard monthly income of the relevant employee. <Amended by Act No. 13562, Dec. 15, 2015>

[This Article Wholly Amended on May 24, 2011]

Article 25-6(Disaster Relief Money) #

(1) Where an employee sustains damage to his/her property caused by a flood, fire, or any other disaster, the employee shall be provided with disaster relief money equivalent to four times the average standard monthly income of all employees. <Amended by Act No. 13562, Dec. 15, 2015>

(2) The scope of a disaster prescribed in paragraph (1) and the amount of such relief money commensurate with the severity of a disaster shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 25-7(Retirement Benefits) #

(1) Where an employee retires or dies after having been in office for at least one year, retirement benefits shall be paid.

(2) The retirement benefits prescribed in paragraph (1) shall be an amount obtained by multiplying the standard monthly income for each year in office by the rate prescribed by Presidential Decree.

(3) The provisions of Article 24-5 (1) and (5) shall apply mutatis mutandis to the payment of retirement allowances.

[This Article Wholly Amended on May 24, 2011]

Article 25-8(Adjustment of Benefits) #

(1) Where the recipient of a retirement pension retires again or dies after his/her periods of service have been added up, as prescribed in Article 34-2, he/she shall be entitled only to a retirement pension (including lump sum pension deduction), an early retirement pension (including lump sum pension deduction), or a pension for the bereaved family (including bereaved family pension supplement), but he/she shall not be paid a lump sum retirement pension or a lump sum bereaved family's pension in substitute.

(2) Where the recipient of early retirement pension retires again or dies after his/her periods of service have been added up as prescribed in Article 34-2, he/she shall be entitled only to the early retirement pension (including lump sum pension deduction) or pension for the bereaved family (including bereaved family pension supplement), but he/she shall not be paid lump sum retirement pension or lump sum bereaved family's pension instead. In such cases, the amount of early retirement pension shall be an amount obtained by applying the payment rate before reemployment to the amount of retirement pension calculated by adding up the periods of service.

(3) Where the recipient of a retirement pension or an early retirement pension is to receive a pension for the bereaved family in addition to his/her retirement pension or early retirement pension, such pension for the bereaved family shall be paid after subtracting 1/2 therefrom.

(4) An off-duty disability pension shall be paid along with other long-term benefits: Provided, That the foregoing shall not apply to an off-duty disability pension and the retirement pension paid under Article 25-2. <Newly Inserted by Act No. 13562, Dec. 15, 2015>

(5) Where a person becomes concurrently entitled to an off-duty disability pension and the insurance benefits paid under the Industrial Accident Compensation Insurance Act, either the pension or the insurance benefits, whichever is greater in the amount, shall be paid. <Newly Inserted by Act No. 13562, Dec. 15, 2015>

(6) Where the recipient of a retirement pension, an early retirement pension, or a military retirement pension prescribed in the Public Officials Pension Act, the Pension for Private School Teachers and Staff Act, or the Military Pension Act also receives a pension for the bereaved family pursuant to this Act, such pension for the bereaved family shall be paid after subtracting 1/2 therefrom. <Amended by Act No. 13562, Dec. 15, 2015>

[This Article Wholly Amended on May 24, 2011]

Article 25-9 #

Deleted. <by Act No. 10707, May 24, 2011>

Article 25-10(Qualified Recipient of Divided Pension) #

(1) If a person, whose period of marriage (limited to the period of marriage during which his/her spouse has been in service as an employee; hereinafter the same shall apply) is at least five years, meets all of the following requirements, he/she shall be entitled to a certain amount of the pension determined by dividing the retirement pension or early retirement pension of the former spouse, during his/her lifetime from that time:

1. The person divorced his/her spouse;

2. The former spouse is the qualified recipient of a retirement pension or early retirement pension;

3. The person shall have attained the age of 65 years.

(2) The amount of the divided pension prescribed in paragraph (1) shall be determined by equally dividing the amount of pension for the period of marriage, out of the amount of the retirement pension or early retirement pension of the former spouse.

(3) The divided pension under paragraph (1) shall be claimed within three years from the date on which the recipient meets all the requirements referred to in paragraph (1).

(4) Further details on the claim of benefits prescribed in paragraphs (1) through (3), etc. shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 13515, Dec. 1, 2015]

Article 25-11(Special Cases concerning Payment of Divided Pension) #

Notwithstanding Article 25-10, if a decision has been made otherwise with regard to the division of a pension pursuant to Article 839-2 or 843 of the Civil Act, such decision shall take priority.

[This Article Newly Inserted by Act No. 13515, Dec. 1, 2015]

Article 25-12(Relationship between Divided Pension and Retirement Pension) #

(1) No entitlement to a divided pension prescribed in Article 25-10 (1) shall be affected by the extinguishment or suspension of the entitlement of the relevant retirement pension or early retirement pension due to an event that occurs to the former spouse after the recipient acquired the entitlement: Provided, That Article 27 (2) and (3) shall apply mutatis mutandis where the amount of the retirement pension or early retirement pension of the former spouse is reduced or the payment of such pension is suspended for reasons of punishment, etc.

(2) If the qualified recipient of a divided pension becomes entitled to two or more divided pensions, the sum of such two or more divided pensions shall be paid.

(3) No qualified recipient of a divided pension shall be deemed a qualified recipient of a retirement pension or an early retirement pension at the time a pension for the bereaved family prescribed in Article 25-3 is paid to the recipient.

(4) If the qualified recipient of a divided pension becomes entitled to a retirement pension or early retirement pension, the sum of the divided pension and the retirement pension or early retirement pension shall be paid to such recipient.

(5) If the entitlement to a divided pension is extinguished, the amount payable before the division shall be paid to the former spouse for the month immediately after the month in which grounds for extinguishment arise and subsequent months.

(6) If both the qualified recipient of a divided pension and his/her former spouse are recipients of a retirement pension or early retirement pension, the parties may agree not to divide their pensions.

[This Article Newly Inserted by Act No. 13515, Dec. 1, 2015]

Article 25-13(Protection against Accidents on Duty) #

The Industrial Accident Compensation Insurance Act shall apply to employees' accidents on duty, compensation therefor, etc.

[This Article Newly Inserted by Act No. 13562, Dec. 15, 2015]

Article 25-14(Off-Duty Disability Pension) #

(1) If an employee who contracted a disease or sustained an injury outside of work becomes disabled and retires or becomes disabled after he/she retires due to such disease or injury, a disability pension (hereinafter referred to as "off-duty disability pension") shall be paid to him/her based on the degree of disability prescribed by Presidential Decree.

(2) The Pension Service Agency shall have a committee for deliberation on off-duty disability pension so as to deliberate on grounds for the payment of off-duty disability pensions, disability grades, etc.

(3) Matters concerning the formation and operation of the committee for deliberation on off-duty disability pension established under paragraph (2), shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 13562, Dec. 15, 2015]

Article 25-15(Amount of Off-Duty Disability Pension) #

(1) The amount of an off-duty disability pension shall be determined by multiplying the standard monthly income by the rate applicable to the relevant grade classified in the following: Provided, That an amount equivalent to 2.25 times the standard monthly income shall be paid in lump sum, if the disability grade is Grade 8 or lower:

1. Grade 1 or 2: 2,600/10,000;

2. Grade 3 or 4: 2,275/10,000;

3. Grade 5 through 7: 1,950/10,000.

(2) Specific standards for the grades referred to in paragraph (1) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 13562, Dec. 15, 2015]

Article 25-16(Reassessment of Grades for Off-Duty Disability Pension) #

(1) If the Pension Service Agency recognizes, upon the request of a person entitled to an off-duty disability pension or in its discretion, that the degree of disability of such person has deteriorated or improved, it shall reassess the grade of such disability pension according to the change in the degree of disability, as prescribed by Presidential Decree.

(2) If the degree of disability of a person entitled to an off-duty disability pension ceases to reach the degree determined by Presidential Decree, the entitlement to the pension shall be extinguished.

[This Article Newly Inserted by Act No. 13562, Dec. 15, 2015]

Article 25-17(Determination of Pension in Cases of Two or More Disabilities) #

If a person who applies for an off-duty disability pension has at least two disabilities, the pension shall be determined by combining such disabilities, as prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 13562, Dec. 15, 2015]

Article 25-18(Suspension of Payment of Off-Duty Disability Pension) #

(1) Article 27-2 shall apply mutatis mutandis to the suspension of payment of an off-duty disability pension.

(2) If a person for whom the payment of off-duty disability pension has been suspended pursuant to paragraph (1) retires again for office, the amount of the off-duty disability pension shall be redetermined on the basis of the standard monthly income as at the time of his/her re-retirement, only if his/her disabilities remain at the degree determined by Presidential Decree as at the time he/she retires.

(3) If the amount of an off-duty disability pension redetermined pursuant to paragraph (2) is smaller than the amount of such pension previously paid, the latter amount shall be the amount payable: Provided, That none of such cases shall be excluded from the application of Article 25-16.

[This Article Newly Inserted by Act No. 13562, Dec. 15, 2015]

Article 26(Confirmation of Basis for Payment of Benefits and Determination of Benefits) #

(1) All kinds of benefits shall be determined and paid by the Pension Service Agency in accordance with applications filed by persons entitled to such benefits.

(2) When applying for benefits, as prescribed in paragraph (1), the relevant employee shall obtain confirmation from the postmaster of a special post office to which he/she belonged and from the postmaster of a post office to which such special post office is attached.

(3) When the Pension Service Agency intends to determine benefits of an off-duty disability pension and a disability grade under paragraph (1), it shall bring the case to the committee for deliberation on off-duty disability pension established under Article 25-14 (2). <Newly Inserted by Act No. 13562, Dec. 15, 2015>

[This Article Wholly Amended on May 24, 2011]

Article 27(Restrictions on Benefits) #

(1) Where a person entitled to bereaved family's benefits has intentionally caused a current or former employee or a person on bereaved family's benefits to die, bereaved family's benefits shall not be paid to him/her. The same shall apply to cases where a person entitled to bereaved family's benefits upon the death of a current or former employee has intentionally caused another person in the same or higher order of precedence to die before the death of such employee.

(2) If a current or former employee falls under any of the following, he/she shall be paid retirement benefits and retirement allowances after subtracting a portion therefrom, as prescribed by Presidential Decree. In such cases, retirement benefits shall not be reduced below the amount obtained by adding interest prescribed in Article 379 of the Civil Act to the total amount of individual charges already paid: <Amended on Jun. 9, 2020>

1. Where he/she is sentenced to imprisonment without labor or greater punishment for any reason that arises during his/her term of service (excluding cases where it is due to negligence unrelated to duties or due to negligence that occurs while complying with reasonable orders of a superior);

2. Where he/she is dismissed after having been disciplined;

3. Where he/she is dismissed from office after having been disciplined due to giving or taking money, valuables or entertainment, embezzlement or misappropriation of public funds.

(3) If an investigation or a criminal trial is underway because a person's act (excluding cases where it is due to negligence unrelated to duties or due to negligence that occurs while complying with reasonable orders of a superior) performed while in service falls under criminal acts punishable by imprisonment without labor or greater punishment, the payment of part of retirement benefits (excluding pension benefits) and retirement allowances may be suspended, as prescribed by Presidential Decree. In such cases, when he/she is no longer subject to restrictions on benefits, he/she shall be paid an amount obtained by adding interest prescribed by Presidential Decree to the balance.

(4) Where a person entitled to salary or wages under this Act intentionally causes a disaster, the relevant salary or wages shall not be paid.

(5) A person who intentionally becomes disabled prescribed in Article 25-2 (1) 3 or who obstructs rehabilitation from disability may not be paid all or part of the relevant pension, as prescribed by Presidential Decree.

Article 27-2(Suspension of Payment of Retirement Pension or Early Retirement Pension) #

(1) If the recipient of a retirement pension or early retirement pension falls under any of the following subparagraphs, the payment of the entire pension shall be suspended during the period of service: Provided That, in the case of a local council member falling under subparagraph 2, if the average monthly amount of earned income pursuant to Article 20 (2) of the Income Tax Act (hereinafter referred to as the "monthly amount of earned income") is less than the amount of his/her retirement pension or early retirement pension, the payment of a part of the pension shall be suspended by the amount of the monthly amount of earned income; and in the case of any of subparagraphs 3 through 5, if the monthly amount of earned income is less than 160 percent of the average monthly amount of standardized income for all employees in the previous year, the payment of a part of the pension shall be suspended pursuant to paragraph (3). <Amended Dec. 15, 2015, Feb. 13, 2024>

1. Where the recipient is appointed as an employee, a public official, a soldier, or a teacher or staff of a private school under this Act, the Public Officials Pension Act, the Military Pension Act, or the Pension for Private School Teachers and Staff Act;

2. Where the recipient is elected as an elective public official;

3. Where the recipient is employed as an executive officer or employee of an institution fully provided with investments or funds by the State, among public institutions prescribed in Article 4 of the Act on the Management of Public Institutions;

4. Where the recipient is employed as an executive officer or employee of an institution fully provided with investments or funds by a local government, among enterprises directly operated by a local government, local government-invested public corporations, and local government public corporations referred to in Article 2 of the Local Public Enterprises Act;

5. Where the recipient is employed as an executive officer or employee of an institution fully provided with investments or funds by a local government, among institutions referred to in Article 2 (1) of the Act on the Operation of Institutions Provided with Investments or Funds by Local Governments.

(2) Matters concerning the designation, public notification, etc. of the institutions referred to in paragraph (1) 3 through 5 shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13562, Dec. 15, 2015>

(3) Where the recipient of a retirement pension or an early retirement pension has business income prescribed in Article 19 (2) of the Income Tax Act or earned income prescribed in Article 20 (2) of the aforesaid Act, in addition to the pension benefits, and the amount of such income or the average monthly aggregate of such income (hereinafter referred to as "monthly income") exceeds the average monthly pension benefits for the preceding year (referring to the amount calculated by dividing the aggregate of the retirement pension and the pension for bereaved family by the number of relevant recipients; hereafter the same shall apply in this Article), the payment of the relevant amount classified in the following, out of the retirement pension or early retirement pension, shall be suspended. In such cases, the suspended amount of benefits shall not exceed 1/2 of the retirement pension or early retirement pension: <Amended by Act No. 13562, Dec. 15, 2015>

Article 27-3(Loss of Entitlement to Retirement Pensions) #

If any person who has received a retirement pension under Article 25-2 (1) 3 no longer falls under the disability prescribed by Presidential Decree, a retirement pension paid due to any ground prescribed in the same subparagraph shall cease to be paid beginning with the immediately following month.

[This Article Wholly Amended on May 24, 2011]

Article 27-4(Loss of Entitlement to Pension for Bereaved Family) #

(1) If a person entitled to a pension for the bereaved family falls under any of the following, he/she shall lose such entitlement: <Amended on Mar. 22, 2013; Jun. 9, 2013>

1. If he/she dies;

2. If he/she remarries (including cases in which he/she is in a de facto marriage);

3. If the kinship with a deceased person who has been an employee ceases to exist;

4. When an offspring, grandson or granddaughter not in the degree of disability prescribed by Presidential Decree reaches the age of 19 years;

5. If the state of disability of a person receiving a pension for the bereaved family based on a degree of disability prescribed by Presidential Decree, is annulled.

(2) If a person entitled to a pension for the bereaved family loses such entitlement, and a person in the same order of precedence exists, such entitlement shall be transferred to the person in the same order of precedence, and if no other person ranks in the same order of precedence, such entitlement shall be transferred to the next-highest ranked person in the order of precedence.

[This Article Wholly Amended on May 24, 2011]

Article 28(Postponement of Benefits) #

Where the expenses needed for benefits exceed an amount obtained by adding charges and profits derived from the operation for the relevant year, the Pension Service Agency may temporarily postpone the payment of benefits after obtaining approval from the Minister of Science and ICT. In such cases, the Pension Service Agency shall pay interest at the interest rate prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 29(Relationship with Other Statutes) #

(1) No employee who has received benefits pursuant to this Act, shall be allowed to file a request for the retirement benefit pursuant to Article 34 of the Labor Standards Act.

(2) Any employee governed by this Act shall be excluded from those subject to the subscription pursuant to Article 6 of the National Pension Act.

(3) The special post office governed by this Act shall be excluded from the scope of application prescribed in Article 3 of the Wage Claim Guarantee Act.

[This Article Wholly Amended on May 24, 2011]

Article 30(Recovery of Benefits) #

(1) If a person who has received benefits falls under any of the following, the Pension Service Agency shall recover it. In such cases, the Pension Service Agency shall collect an amount obtained by adding interest prescribed by Presidential Decree and redeeming expenses incurred in recovery to the benefits in cases falling under subparagraph 1; and if a person liable to pay an amount to be recovered fails to pay such amount by the payment deadline in cases falling under subparagraph 2 or 3, it shall collect an amount obtained by adding interest prescribed by Presidential Decree thereto:

1. Where he/she has received benefits by fraud or other improper means;

2. Where grounds for benefits no longer exist retroactively after the receipt of such benefits;

3. Where benefits have been mistakenly paid.

(2) If a person liable to pay an amount to be recovered fails to do so by the payment deadline when the Pension Service Agency redeems benefits, as prescribed in paragraph (1), it may collect such amount in the same manner as delinquent national taxes are collected after obtaining approval from the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

(3) When the Pension Service Agency recovers benefits, as prescribed in paragraph (1), it may take a write-off for any of the following reasons: Provided, That where a seizable property is found after taking a write-off in cases falling under subparagraphs 1 and 3, it shall revoke such decision without delay and collect such property in the same manner as delinquent national taxes:

1. Where a disposition on default has been completed and an amount allotted to the amount in arrears is less than the amount in arrears;

2. Where extinctive prescription on the relevant right has been completed;

3. Where collection is deemed impracticable, as prescribed by Presidential Decree.

(4) The executive officers and employees of the Pension Service Agency issuing a disposition on default, as prescribed in paragraph (2) and the proviso to paragraph (3), shall be deemed public officials.

[This Article Wholly Amended on May 24, 2011]

Article 30-2(Payment after Deducting Liabilities) #

If a current or former employee has any of the following liabilities or unpaid individual charges, he/she may be paid benefits pursuant to this Act after deducting such amount: Provided, That in cases of pension benefits, the pension paid every month shall not be deducted in excess of 1/2 thereof: <Amended by Act No. 13562, Dec. 15, 2015>

1. Unpaid principal and interest in cases where loans prescribed in subparagraph 2 of Article 20 are not repaid;

2. Any differences arising with regard to the settlement of the amount of payment suspended under Article 27-2 (3);

3. Principal and interest of an amount to be recovered under Article 30;

4. Where individual charges prescribed in the main sentence of Article 33 (2), Article 33-2 and Article 2 of the Addenda of the amendment to the Special Post Offices Act, Act No. 3530, remain unpaid, such unpaid individual charges;

5. Principal and interest of the money returned pursuant to Article 34-2 (2) and (3).

[This Article Wholly Amended on May 24, 2011]

Article 31(Protection of Entitlement) #

(1) No entitlement to benefits shall be transferred, seized, or offered as security: Provided, That entitlement to benefits may be offered as security to a financial institution prescribed by Presidential Decree, and may be subject to the disposition on default pursuant to the National Tax Collection Act, the Local Tax Collection Act, and other Acts. <Amended by Act No. 13562, Dec. 15, 2015; Act No. 14476, Dec. 27, 2016>

(2) The portion not exceeding the amount prescribed in subparagraph 3 of Article 195 of the Civil Execution Act, out of the benefits paid to a qualified recipient, shall not be subject to seizure. <Newly Inserted by Act No. 13562, Dec. 15, 2015>

[This Article Wholly Amended on May 24, 2011]

Article 31-2(Adjustment with Benefits under Other Statutes or Regulations) #

(1) A person who receives the same kind of benefits as the benefits pursuant to this Act at the expense of the State or a local government pursuant to other statutes shall be paid an amount obtained by subtracting the amount equivalent to such benefits from the benefits prescribed in this Act.

(2) Where a ground for benefits prescribed in this Act has arisen due to a third party's act, the Pension Service Agency shall obtain the right to file a claim for damages that a qualified recipient has against a third party within the extent of the benefits already paid on such ground: Provided, That in cases where such third party falls under any of the following, all or some of the rights to claim damages may not be exercised:

1. Spouse of the relevant employee or a person who has been an employee;

2. Lineal ascendant or descendant of the relevant employee or a person who has been an employee;

3. Employee in the course of duties.

(3) If a qualified recipient has already received compensation for damages from a third party for the same reason in cases falling under paragraph (2), the Pension Service Agency shall not pay benefits falling within the scope of compensation.

[This Article Newly Inserted on May 24, 2011]

Article 32(Prescription) #

(1) The entitlement to benefits prescribed in this Act shall expire in three years from the date a ground for such benefits arises in cases of short-term benefits, and five years in cases of long-term benefits, if such entitlement is not exercised within this period.

(2) The right to be repaid individual charges wrongly paid shall expire in five years from the date payment of retirement benefits or bereaved family benefit is determined if such right is not exercised within this period.

(3) The rights of the Pension Service Agency to collect or recover individual charges, money to be recovered and money to be collected pursuant to this Act shall expire in five years from the date a ground for collection or recovery arises if such right is not exercised within this period.

(4) Notification and reminder of the payment of individual charges, money to be recovered and money to be collected pursuant to this Act, the payment of benefits and requests for the return of the amount paid in excess, etc. shall have an effect of interrupting an extinctive prescription.

(5) The extinctive prescription interrupted as prescribed in paragraph (4) shall resume running upon the elapse of a payment deadline pursuant to the notification and reminder thereof.

[This Article Wholly Amended on May 24, 2011]

Article 33(Principle of Sharing Expenses) #

(1) The expenses incurred in relation to benefits shall be appropriated with individual charges, designee's charges, State charges and profits derived from the operation thereof: Provided, That in cases where the sum of individual charges, designee's charges, State charges and profits derived from the operation for the previous year is not enough to cover the expenses due to special circumstances of the relevant year, such as reorganization, discontinuance, etc. of government organizations, the State may assist all or part of the difference.

(2) The individual charges and designee's charges prescribed in paragraph (1) shall be paid every month, for the period beginning from the month an employee was employed until the month to which the date before the date he/she retired or the date such employee died: Provided, That those who have paid individual charges in excess of 36 years need not pay individual charges. <Amended by Act No. 13562, Dec. 15, 2015>

(3) The individual charges prescribed in paragraph (1) shall be equal to 900/10,000 of the standard monthly income, and the amount of designee's charges shall be the same as that of the individual charges. In such cases, the standard monthly income shall not exceed 160/100 of the amount obtained by averaging the standard monthly incomes of all employees. <Amended by Act No. 13562, Dec. 15, 2015>

(4) The designee's charges prescribed in paragraph (1) shall be fully borne by the State.

(5) The State charges prescribed in paragraph (1) mean an amount borne by the State concerning the expenses incurred in relation to the payment of a retirement allowance prescribed in Article 24 (2) 4, condolence money prescribed in Article 25-5 and disaster relief money prescribed in Article 25-6. <Amended by Act No. 13562, Dec. 15, 2015>

(6) The payment of charges, payment method, adjustment of wrongly paid charges and other matters necessary to bear charges shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 33-2(Charges during Period of Military Service) #

(1) An employee and his/her designee whose period of military service is included in the period of service as prescribed in Article 34 (3) shall pay both a charge for the relevant month and an amount equivalent to such charge as a retroactive charge, beginning with the month immediately following the month when the Pension Service Agency approved such inclusion. In such cases, where the relevant employee retires or dies while he/she has paid such retroactive charges, the remainder of the retroactive charges shall be calculated based on the standard monthly income as of retirement or death which shall be deducted from the relevant retirement benefits or bereaved family benefits, and designee's charges equivalent to the remainder of the retroactive charges shall be calculated and paid by the month immediately following the month in which the day before the retirement date or the date of death falls. <Amended on Dec. 15, 2015; Jun. 9, 2020>

(2) Where an employee intends to pay retroactive charges in lump sum in cases of the former part of paragraph (1), he/she may pay the remainder of the retroactive charges in lump sum as calculated on the basis of the retroactive charge for the month in which he/she intends to pay such charges. <Newly Inserted by Act No. 13562, Dec. 15, 2015>

[This Article Wholly Amended on May 24, 2011]

Article 33-3(Accumulation of Legal Reserves) #

The State may set aside legal reserves in the assets of the Pension Service Agency within the budget for the stabilization of benefits finance.

[This Article Wholly Amended on May 24, 2011]

Article 34(Calculation of Period of Service) #

(1) In calculating benefits pursuant to this Act, an employee’s period of service shall be determined according to the number of months beginning with the month in which the date such employee was appointed falls until the month in which the day before the retirement date or the date of death falls. In such cases, when months are converted into a year, a month shall be calculated as the twelfth of a year.

(2) Where a retired employee is again appointed as an employee, the period of his/her previous service may be added to the period of service pursuant to paragraph (1) if such employee so wishes.

(3) A period of service as an active serviceman pursuant to the Military Service Act or a non-commissioned officer involuntarily appointed (including a period of service prescribed by Presidential Decree from among a period of service after having been called up as a defense corpsman, full-time reserve service personnel, recruit service personnel, alternative service personnel) before he/she is appointed as an employee may be included in a period of service pursuant to paragraph (1) if such employee so wishes. <Amended on Dec. 31, 2019; Jun. 9, 2020>

(4) No period of service and no period of military service prescribed in paragraphs (2) and (3) shall be added to or included in a period of service prescribed in paragraph (1) when a retirement allowance referred to in Article 24 (2) 4 is paid. <Amended by Act No. 13562, Dec. 15, 2015; Jun. 9, 2020>

(5) When a period of service is calculated in order to pay a retirement allowance referred to in Article 24 (2) 4, the period of leave of absence, the period in which an employee is dismissed from his/her position, and the period of suspension of service, excluding the period of leave of absence for the following reasons, shall be subtracted by 1/2 therefrom: <Amended by Act No. 13562, Dec. 15, 2015>

1. Leave of absence due to disease or injury suffered while in the course of performing duties;

2. Leave of absence in order to complete a military service pursuant to the Military Service Act;

3. Leave of absence due to temporary employment at an international organization, foreign organization, university or research institution in Korea or abroad;

4. Leave of absence for child care or for pregnancy or childbirth of a female employee;

5. Other leave of absence in order to perform responsibilities prescribed by Acts.

Article 34-2(Method of Adding up Periods of Service) #

(1) A person who intends to have his/her period of service aggregated as prescribed in Article 34 (2) shall submit an application for aggregating the period of service to the Pension Service Agency through the postmaster of special post office to which he/she belongs and the postmaster of post office to which such special post office is attached.

(2) The person who applied for aggregating the period of service and was given approval as prescribed in paragraph (1) shall return an amount obtained by adding interest prescribed by Presidential Decree to the retirement benefit (where restrictions are put on the amount of benefit as prescribed in Article 27 (2) and (3), referring to the amount of benefit that he/she should have received if there had been no restrictions) that he/she received at the time of retirement to the Pension Service Agency: Provided, That in cases where an employee, for whom aggregation of the period of service has been approved, is the recipient of a retirement pension or early retirement pension, he/she shall not return pension benefit.

(3) The amount of retirement benefits and interest (hereinafter referred to as "return money") to be returned as prescribed in paragraph (2) may be divided into several parts and paid one by one. In such cases, interest prescribed by Presidential Decree shall be paid after adding to such parts.

(4) Where a person, for whom aggregation of the period of service has been approved, applies for the exclusion of aggregating all or part of the period of service, or is delinquent in paying return money for six months or more, the Pension Service Agency may exclude the period of service equivalent to already paid return money from the period of service which he/she applies for exclusion or of which aggregating has been approved.

(5) The person who intends to have his/her period of military service included in his/her period of service as prescribed in Article 34 (3) shall submit an application for inclusion of the period of military service to the Pension Service Agency through the postmaster of special post office to which he/she is attached and the postmaster of post office to which such special post office is attached. <Amended on Jun. 9, 2020>

[This Article Wholly Amended on May 24, 2011]

Article 35(Application Mutatis Mutandis of Statutes or Regulations concerning Post Offices) #

Except as otherwise provided in this Act, the statutes or regulations concerning post offices, including the Postal Service Act, the Postal Money Order Act, the Postal Transfer Act, and the Postal Savings and Insurance Act, shall apply mutatis mutandis to special post offices.

[This Article Wholly Amended on May 24, 2011]

Article 36(Requests for Examination) #

(1) Anyone who is dissatisfied with determination of benefits, collection of individual charges, and other benefits pursuant to this Act may request an examination from the Pension Service Agency, as prescribed by Presidential Decree.

(2) A request for examination prescribed in paragraph (1) shall be made within 180 days from the date determination, etc. of benefits is made or within 90 days from the date he/she learns about such fact: Provided, That where he/she shows extenuating circumstances for being unable to do so, this shall not apply.

[This Article Wholly Amended on May 24, 2011]

Article 36-2(Delegation of Authority) #

Part of the authority of the Minister of Science and ICT prescribed by this Act may be delegated to the heads of institutions under his/her management, as prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 37(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

1. An executive officer or employee of the Pension Service Agency who violates an order issued by the Minister of Science and ICT pursuant to Article 22 (1);

2. An executive officer or employee of the Pension Service Agency who evades, obstructs, or refuses an examination pursuant to Article 22 (2), or who makes a false report.

(2) Administrative fines in paragraph (1) shall be imposed and collected by the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>

[This Article Wholly Amended on May 24, 2011]