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ENFORCEMENT DECREE OF THE MILITARY PENSION ACT — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE MILITARY PENSION ACT

ENFORCEMENT DECREE OF THE MILITARY PENSION ACT

대통령령일부개정시행 2022-10-04국방부 · 제32928호 · 공포 2022-10-04

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Military Pension Act and those necessary for enforcing said Act.

Article 2(Scope of Taxable Income Included in Amount of Standard Monthly Income) #

(1) The scope of taxable income under Article 3 (1) 1 of the Military Pension Act (hereinafter referred to as the "Act") shall be the previous year’s income paid for military service for a certain period pursuant to the statutes or regulations related to remuneration for the members of armed forces (hereinafter referred to as "statutes or regulations related to remuneration for the members of armed forces"), excluding non-taxable income for the previous year under subparagraph 3 of Article 12 of the Income Tax Act: Provided, That where it is deemed inappropriate to include the amount in the income that provides the standards for calculation of contributions and benefits due to a change in the type of salary or allowance, a change in the determination of taxation, etc., the Minister of National Defense may otherwise determine the scope of such amount.

(2) Notwithstanding paragraph (1), the following income among the taxable income shall be an amount calculated (an amount below 1,000 won shall be rounded off) by dividing the total amount paid for each rank to which the relevant member of the armed forces belongs (referring to the amount paid to persons who had worked continuously from January 1 to December 31 of the previous year), by the total number of the rank to which the relevant member belongs at the end of the year (referring to the persons who had worked continuously from January 1 to December 31 of the previous year): Provided, That in cases of staff sergeants, such amount shall be calculated by classifying those in service who are selected as noncommissioned officers in a fixed term position pursuant to Article 20-2 of the Military Service Act and other staff sergeants: <Amended on Jun. 22, 2021>

1. A performance-based bonus under the statutes or regulations related to remuneration for the members of armed forces;

2. An overtime work allowance under the statutes or regulations related to remuneration for the members of armed forces;

3. Compensation for unused annual leave under the statutes or regulations related to remuneration for the members of armed forces;

Article 3(Methods for Determining Amount of Standard Monthly Income) #

(1) An amount of standard monthly income shall be the amount classified as follows:

1. In cases of having served continuously from January 1 to December 31 of the previous year: The amount calculated by multiplying the amount obtained by dividing taxable income under Article 2 by 12 months, by the rate of increase in remuneration for the members of armed forces under paragraph (4);

2. In cases of not having served continuously from January 1 to December 31 of the previous year: The amount calculated pursuant to Article 4 or 5.

(2) Notwithstanding paragraph (1), where a reason for providing benefits arises from January to April of the relevant year before the determination and application of the amount of standard monthly income for the relevant year based on the income accruing in the previous year, the total of the following amounts shall be the amount of standard monthly income for calculating benefits:

1. The amount calculated pursuant to paragraph (1) 1 - [(the sum of performance-based bonuses, overtime work allowances, and compensation for unused annual leave among the amounts under Article 2 (2) ÷ 12) × (1 + the rate of increase in remuneration for the members of armed forces under paragraph (4))];

2. (The sum of performance-based bonuses, overtime work allowances, and compensation for unused annual leave, among the amounts under Article 2 (2) that form the basis for the amount of standard monthly income of the previous year ÷ 12) × (1 + the rate of elevation of a salary grade by rank of the members of armed forces in the previous year).

(3) Notwithstanding paragraphs (1) and (2), where a reason for providing benefits (excluding a veteran’s pension and a veteran’s pension for survivors among benefits under Article 7 of the Act) arises in the relevant year after the increase of the amount of monthly salary due to promotion, change of a position, etc., the amount obtained by adding the amount referred to in subparagraph 2 to the amount referred to in subparagraph 1 shall be the amount of standard monthly income for calculating the benefits: Provided, That in cases of retirement allowances under Article 37 of the Act (hereinafter referred to as “retirement allowances”), the amount obtained by adding the amount referred to in subparagraph 3 to the amount referred to in subparagraph 1 shall be the amount of standard monthly income:

1. The amount of standard monthly income for the month in which the date a reason for providing benefits arises falls;

2. (The increased portion of the monthly payment amount of salary due to promotion, change of a position, etc.) × [(the number of months in which the monthly payment amount of salary has increased) ÷ 12];

3. The increased portion of the monthly payment amount of salary due to promotion, change of a position, etc.

(4) The Minister of National Defense shall give public notice of the rate of increase in remuneration for the members of armed forces in the Official Gazette by January 31 of each year.

Article 15(Calculation of Amount to Be Returned) #

(1) In calculating an amount to be returned, the period of interest to be collected in addition to the amount of benefits to be returned shall be calculated based on the number of months counting from the month following the month in which the benefits were paid to the month in which the date of receipt of an application for aggregation of the periods of service falls, and such interest shall be included in the amount of benefits on a yearly basis and the amount of interest thereafter shall be calculated based on such amount: Provided, That where the payment is made in installments pursuant to Article 6 (3) of the Act, the calculation period of interest to be added again shall be from the month following the month in which the aggregation of periods of service is recognized to the month in which the installment payment ends, and the amount to be paid per installment shall be the amount obtained by equally dividing the principal and interest by the number of installments.

(2) "Interest prescribed by Presidential Decree" in the main clause of Article 6 (2) of the Act means the interest calculated by applying the highest interest rate among the interest rates of time deposits as of January 1, which are applied for each relevant year by banks with nationwide business territory (hereinafter referred to as “nationwide banks") among banks established under the Banking Act, during the calculation period of interest.

(3) "Interest prescribed by Presidential Decree" in the latter part of Article 6 (3) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of the year in which the aggregation of the periods of service was recognized, but where the difference between the interest rate applied during the installment payment and the interest rate applied in the year in which the aggregation of the periods of service was recognized is at least two percent point, it means the interest recalculated by applying the increased or decreased interest rate. The same shall also apply where the interest rate increases or decreases again by at least two percent point, compared to the interest rates changed during the installment payment.

(4) The calculation period of overdue interest in cases of not paying an amount to be returned by the payment deadline prescribed in Article 14 (1) shall be the period of delinquency (calculated on a daily basis), and the interest rate applicable in such cases shall be twice the highest interest rate among the interest rates of time deposits with a maturity of one year which are applied by nationwide banks as of January 1 of each relevant year during the calculation period of the overdue interest.

Article 19(Special Cases concerning Beneficiaries of Benefits) #

(1) "Maximum amount prescribed by Presidential Decree" in Article 12 (1) of the Act means the amount classified as follows:

1. Benefits which are a pension among the benefits under Article 7 of the Act: An amount obtained by multiplying three years’ worth of the amount of the original pension at the time of death by the rate calculated according to the following formula:

2. A lump-sum veteran's pension for survivors or a lump-sum payment on retirement to survivors among the benefits under Article 7 of the Act: 1/2 of the amount of the original benefits;

3. Benefits, other than those prescribed in subparagraphs 1 and 2, among the benefits under Article 7 of the Act: The full amount of the original benefits.

(2) A lineal descendant or lineal ascendant who is not a survivor of a current or former member of the armed forces who intends to receive benefits pursuant to Article 12 of the Act shall submit a written claim for special case benefits (including a written claim in an electronic form) to the Chief of Staff of the armed force to which the current or former member of the armed forces belonged, along with a family relation certificate proving that the person is his or her lineal descendant or lineal ascendant, as prescribed by Ordinance of the Ministry of National Defense, and the Chief of Staff shall investigate and verify such claim and submit it to the Minister of National Defense.

(3) Article 18 shall apply mutatis mutandis to the methods of paying benefits where there exist at least two lineal descendants or lineal ascendants who are not a survivor under paragraph (2).

(4) Where there is no lineal descendant or lineal ascendant who is not a survivor of a current or former member of the armed forces to receive benefits under Article 12 of the Act, the Minister of National Defense shall pay the benefits to a relative of the current or former member of the armed forces or the Chief of Staff of the armed force to which he or she belonged to use them to prepare a tomb, utensil for commemorative rites, monument, etc.

Article 23(Recovery of Benefits) #

(1) "Interest and recovery expenses prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 16 (1) of the Act means the interest and recovery expenses classified as follows:

1. Interest: The amount shall be calculated from the day following the date of receipt of the benefits to the date the amount of benefits and interest to be recovered are determined and notified by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; and such interest shall be included in the amount of benefits on a yearly basis and the amount of interest thereafter shall be calculated based on such amount: Provided, That the period for calculating overdue interest in cases of not paying the amount to be recovered by the payment deadline pursuant to Article 16 (2) of the Act shall be from the day following the payment deadline to the date of payment, and it shall be the amount calculated by applying the interest rate twice the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year;

2. Recovery expenses: Travel expenses incurred in investigating the recovery of benefits and other expenses incurred in recovery, which are calculated by the Minister of National Defense.

(2) Where a person who has received benefits or the head of an agency entrusted with the payment of benefits pursuant to Article 58 (2) becomes aware of the facts falling under any subparagraph of Article 16 (1) of the Act, he or she shall report or notify such fact to the Minister of National Defense without delay.

(3) Where the Minister of National Defense becomes aware of any ground for the recovery of benefits by the report or notification under paragraph (2) or by other means, he or she shall conduct an investigation without delay and send a written notice of return of the amount to be recovered (hereinafter referred to as "written notice of return") to the person who has received benefits.

(4) A person who has received a written notice of return under paragraph (3) shall pay the amount to be recovered to the receiving agency of national funds designated by the Minister of National Defense within 30 days from the date of receipt of the written notice of return, and the receiving agency of national funds upon receipt of the amount shall send a notice of confirmation of receipt to the Minister of National Defense without delay: Provided, That where a person who has received a written notice of return falls under Article 16 (1) 3 or 4 of the Act, he or she may submit an application for installment payment of the amount to be recovered to the Minister of National Defense by the payment deadline to obtain approval thereof, as prescribed by Ordinance of the Ministry of National Defense, and make an installment payment every month, from the month following the month in which the date of such approval falls, within the scope of number classified as follows:

1. Where the amount to be returned is less than 10 million won: 20 installments;

2. Where the amount to be returned is at least 10 million won but less than 20 million won: 40 installments;

3. Where the amount to be returned is at least 20 million won: 60 installments.

(5) The interest to be added where installment payments are made pursuant to the proviso, with the exception of the subparagraphs, of paragraph (4) shall be calculated by applying the interest rate under paragraph (1) 1 to the amount to be recovered that should be paid during the period of installment payment, and the amount to be paid in each installment shall be calculated by equally dividing the principal and interest by the number of installments: Provided, That the relevant interest shall be exempted in cases falling under Article 16 (1) 4 of the Act, where benefits have been erroneously paid from the beginning due to a mistake of or omission by the Minister of National Defense.

(6) Where a person who obtains approval of installment payment of the amount to be recovered pursuant to the proviso, with the exception of the subparagraphs, of paragraph (4) fails to make installment payments for at least three months, the Minister of National Defense may cancel the approval of installment payment and recover the amount to be recovered and overdue interest in lump sum.

(7) In any of the following cases, the Minister of National Defense shall collect the amount in the same manner as delinquent national taxes are collected, pursuant to Article 16 (3) of the Act:

1. Where an amount that should be returned by the payment deadline under the proviso, with the exception of the subparagraphs, of paragraph (4) (referring to the deadline for the final installment payment, in cases of installment payments under the proviso, with the exception of the subparagraphs, of that paragraph) is not fully paid;

2. Where the amount to be recovered and overdue interest are recovered in a lump sum pursuant to paragraph (6).

Article 26(Investigation of Personal Affairs of Beneficiaries of Pensions) #

(1) In order to ascertain a change, extinguishment, etc. of the entitlement to a pension under Article 54 (1) of the Act, the Minister of National Defense may investigate the beneficiary of a pension, his or her family, etc. as to whether the beneficiary deceased, divorced, or makes a living or may request them to submit data related thereto.

(2) Where the beneficiary of a pension resides in a foreign country or boards a ship for overseas service, he or she may appoint a person having a domicile in the Republic of Korea as his or her representative, and where the beneficiary appoints his or her representative, he or she shall submit a letter of appointment of representative to the Minister of National Defense, as prescribed by Ordinance of National Defense.

(3) The beneficiary of a pension who resides in a foreign country after having acquired the citizenship or permanent residency of the foreign country or resides in a foreign country for at least one year shall submit a report on the personal affairs of a foreign resident stating changes in the status, family relationship, etc. as of October 31 of each year, to the Minister of National Defense by December 31 of the relevant year, as prescribed by Ordinance of the Ministry of National Defense. In such cases, he or she shall obtain confirmation of the relevant report on personal affairs from the head of an overseas diplomatic mission or submit it along with a notarized document verifying the details of the relevant report or a written confirmation of residence issued by a public institution of the relevant resident country.

(4) The Minister of National Defense (including persons delegated with the authority of the Minister of National Defense pursuant to Article 58 (1)) shall request once a year the investigation of personal affairs of the beneficiary of a pension from the head of the relevant administrative agency to investigate the matters, etc. regarding the status of the beneficiary of a pension pursuant to Article 54 of the Act.

(5) Upon receipt of a request for the investigation of personal affairs under paragraph (4), the head of the relevant administrative agency shall, without delay, conduct such investigation and notify the Minister of National Defense thereof.

Article 27(Application to Modify Type of Veteran’s Pensions) #

(1) Where a person who has applied for any of the following benefits intends to modify the type of the benefit, he or she shall file an application for modification of the type of benefits, such as a veteran’s pension, with the Minister of National Defense within 30 days before the payment of benefits begins or from the payment date of the benefits (referring to the first payment date, in cases of benefits which are a pension), as prescribed by Ordinance of the Ministry of National Defense:

1. A veteran’s pension;

2. A lump-sum veteran's pension under Article 21 of the Act (hereinafter referred to as “lump-sum veteran's pension”);

3. A lump-sum veteran's pension after deduction under Article 21 of the Act (hereinafter referred to as “lump-sum veteran's pension after deduction”);

4. A veteran's pension for survivors under Article 30 of the Act (hereinafter referred to as “lump-sum veteran's pension for survivors”);

5. A lump-sum veteran's pension for survivors under Article 34 of the Act (hereinafter referred to as “lump-sum survivors' pension”).

(2) Where a person applies for modification of the type of benefits pursuant to paragraph (1), the benefits already received shall be returned together with the interest (which shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year) calculated by the number of days from the day following the date of receipt of the benefits to the date of return.

(3) Where a person applies for modification of the type of a veteran’s pension, lump-sum veteran's pension, or lump-sum veteran's pension after deduction pursuant to paragraph (1), a person who claims a split pension pursuant to Article 22 of the Act, a person who claims a split pension in advance pursuant to Article 25 of the Act, or a person who makes a claim to split a lump-sum veteran's pension, etc. pursuant to Article 26 of the Act shall be also deemed to have applied for modification of the type of a veteran’s pension, lump-sum veteran's pension, or lump-sum veteran's pension in the same manner.

Article 31(Suspension of Payment of Veteran’s Pensions) #

(1) Where a beneficiary of a veteran’s pension is appointed or retires as a member of the armed forces, a public official, or a teacher or staff of a private school to which the Act, the Public Officials Pension Act, or the Pension for Private School Teachers and Staff Act applies, he or she shall submit a report on reappointment or re-retirement to the Minister of National Defense after obtaining confirmation from the Chief of Staff of the armed force or the head of the relevant agency to which he or she belongs within 30 days.

(2) "Amount of business income prescribed by Presidential Decree" in the former part of Article 27 (3) of the Act means income generated from real estate business referred to in Article 19 (1) 12 of the Income Tax Act.

(3) The amount of monthly income under the former part of Article 27 (3) of the Act (hereinafter referred to as "amount of monthly income") means an amount calculated by dividing the amount of income accrued for a year from January 1 to December 31 by the number of months during which the beneficiary has engaged in the affairs accruing income.

(4) Where the amount of monthly income for the relevant year exceeds the amount of average monthly wage for the previous year, the payment of a veteran’s pension shall be partially suspended pursuant to Article 27 (3) of the Act, but the amount of payment to be first suspended shall be calculated by applying the amount of average monthly wage for the year preceding the previous year, prior to the publication of the amount of average monthly wage for the previous year, and shall be adjusted by applying the amount of average monthly wage for the previous year after a final return on tax base is filed pursuant to paragraph (6).

(5) The Minister of National Defense shall suspend the payment of a veteran's pension for the relevant year based on data provided by a State agency, etc. pursuant to Article 54 (2) of the Act: Provided, That where it is impossible to identify the amount of income of a beneficiary of a veteran’s pension with the data provided by the State agency, etc., he or she shall suspend the payment of the veteran’s pension based on the amount of income accrued for the previous year or the year preceding the previous year.

(6) Where the payment of a veteran’s pension is suspended pursuant to the proviso of paragraph (5), the Minister of National Defense shall determine the amount of pension to be suspended for the relevant year after the final return on tax base is filed pursuant to Article 70 of the Income Tax Act and shall add thereto or deduct therefrom the difference incurred from settling the balance when paying a veteran’s pension for the following month and thereafter, but where the beneficiary of a veteran’s pension requests the adjustment of the amount of pension to be suspended by submitting an application for adjustment of the amount of pension to be suspended, along with objective data proving the income accrued for the relevant year, he or she may adjust the amount of pension to be suspended before the final return on the tax base is filed.

(7) Where it turns out that a beneficiary of a veteran’s pension has no income other than a veteran’s pension in the month when the difference incurred from settling the balance under paragraph (6) is deducted from the veteran's pension, the amount of difference may be split and deducted within the scope of 20 to 50 percent of the amount of monthly veteran’s pension.

Article 35(Claim for Veteran's Pension for Survivors) #

(1) A person who intends to receive a veteran's pension for survivors, an additional payment to veteran's pension for survivors under Article 33 of the Act (hereinafter referred to as "additional payment to veteran's pension for survivors"), a lump-sum veteran's pension for survivors, a lump-sum payment on retirement to survivors (hereinafter referred to as "lump-sum payment on retirement to survivors") under Article 35 of the Act, or a special additional payment to veteran's pension for survivors under Article 36 of the Act (hereinafter referred to as "special additional payment to veteran's pension for survivors”) shall submit a written claim for the relevant benefits (including a written claim in electronic form) to the Chief of Staff of the armed force to which he or she belonged, along with the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of National Defense: Provided, That where the person intends to claim a veteran's pension for survivors due to the death of the beneficiary of a veteran’s pension, the relevant written claim (including a written claim in electronic form) shall be submitted to the Minister of National Defense: <Amended on Oct. 4, 2022>

1. A family relation certificate (limited to a spouse, child, or parent);

2. A medical certificate issued by the head of a medical care institution or the head of a military hospital verifying that a person is pregnant (limited to where the person is pregnant at the time of death of a current or former member of the armed forces);

3. A medical certificate issued by the head of a medical care institution or the head of a military hospital (limited to where a child or a grandchild who intends to receive a veteran's pension for survivors, additional payment to veteran's pension for survivors, lump-sum veteran's pension for survivors, lump-sum payment on retirement to survivors, or special additional payment to veteran's pension for survivors is at least 25 years of age and has a degree of disability equivalent to that specified in attached Table 3 of the Enforcement Decree of the Military Accident Compensation Act).

(2) Upon receipt of a claim for a veteran's pension for survivors, etc. under paragraph (1) or Article 16 (1), the Minister of National Defense shall, if necessary, verify a family relation certificate or a certified copy of household resister through administrative data matching under Article 36 (1) of the Electronic Government Act pursuant to Article 8 (1) and the attached Table: Provided, That where the claimant does not consent to the verification, he or she shall attach it.

Article 38(Reporting on Loss of Entitlement to Veteran's Pension for Survivors and Transfer Thereof) #

(1) Where a person in the last order of priority among those entitled to a veteran's pension for survivors loses his or her entitlement pursuant to Article 32 (1) of the Act, the persons classified as follows shall submit a report on the loss of entitlement to a pension to the Minister of National Defense, along with the relevant documents among the documents referred to in the subparagraphs of paragraph (2), as prescribed by Ordinance of the Ministry of National Defense, within 30 days from the date such reason arises: <Amended on Oct. 4, 2022>

1. Where a person entitled to a veteran's pension for survivors dies: A person responsible for filing a report of death under Article 85 of the Act on Registration of Family Relations;

2. Where the kinship is terminated due to remarriage or other causes: The beneficiary;

3. Where a child or a grandchild who has received a veteran's pension for survivors attains the age of 25: The beneficiary himself or herself;

4. Where the disability of a child or grandchild aged 25 years or older ceases: The beneficiary or his or her legal representative.

(2) A person who intends to obtain the transfer of the entitlement to a veteran's pension for survivors pursuant to Article 32 (2) of the Act shall submit a written claim for the transfer of entitlement to a veteran's pension for survivors (including a written claim in electronic form) to the Minister of National Defense, along with the relevant documents among the following documents (including electronic documents):

1. A death certificate (limited to where a person who had received a veteran's pension for survivors died but his or her death is not settled);

2. A family relation certificate of the person who has received a veteran's pension for survivors;

3. A medical certificate issued by the head of a medical care institution or the head of a military hospital (limited to where disabilities of a person who has received a veteran's pension for survivors cease to exist).

Article 41(Restrictions on Benefits Due to Criminal Punishment) #

(1) Where a current or former member of the armed forces becomes to fall under any subparagraph of Article 38 (1) of the Act, benefits shall be paid after making a reduction classified as follows. In such cases, the benefits which are a veteran's pension shall not be reduced until the month in which the date any reason for reduction arises falls:

1. Where his or her imprisonment without labor or heavier punishment has become final and conclusive due to a reason arising during the period of service (excluding a reason that has arisen due to negligence not related to his or her duties or negligence committed while complying with a justifiable order issued by his or her superior): 1/2 of the amount of benefits;

2. Where he or she is removed from office by a disciplinary action: 1/2 of the amount of benefits;

3. Where he or she is dismissed on disciplinary grounds for receipt of money or valuables, and entertainment, or misappropriation or embezzlement of public funds: 1/4 of the amount of benefits.

(2) The interest to be added to the difference or remaining amount pursuant to Article 38 (2) of the Act and the latter part of paragraph (3) of that Article shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; and the interest for the period from the month following the month in which the date the retirement benefits or retirement allowances are partially paid falls until the month in which the date a reason for paying the difference or remaining amount arises falls shall be included in the difference or remaining amount on a yearly basis, and the amount of interest thereafter shall be calculated based on such amount.

(3) Pursuant to Article 38 (3) of the Act, where an investigation or criminal trial is under way against a current or former member of the armed forces for committing a crime subject to imprisonment without labor or heavier punishment for a reason arising during the period of service (excluding a reason that has arisen due to negligence not related to his or her duties or due to negligence committed while complying with a justifiable order issued by his or her superior), such person shall be preferentially paid 1/2 of the amount of benefits payable to the person:<Amended on Dec. 29, 2020>

1. Deleted; <Dec. 29, 2020>

2. Deleted; <Dec. 29, 2020>

3. Deleted. <Dec. 29, 2020>

(4) Notwithstanding paragraph (3), in cases of a veteran's pension, a current or former member of the armed forces shall be preferentially paid an amount equivalent to 1/2 of the amount of benefits payable to the person pursuant to Article 38 (3) of the Act, only where a decision on a fugitive warrant and notification is made due to the unknown whereabouts following his or her flight, etc. In such cases, the amount remaining after preferential payment shall be paid when the decision on the fugitive warrant and notification is canceled. <Newly Inserted on Dec. 29, 2020>

(5) The amount remaining after preferential payment under paragraph (3) shall be paid where a current or former member of the armed forces, whose payment has been suspended pursuant to Article 38 (3) of the Act, falls under any of the following: Provided, That in cases falling under subparagraph 1, where any investigation procedure for the relevant case is under way again after a person has been subject to non-transfer or non-prosecution, or where a criminal trial is under way as a prosecution for the relevant case has been instituted, the remaining amount shall not be paid: <Newly Inserted on Dec. 29, 2020>

1. Where he or she is subject to non-transfer or non-prosecution;

2. Where the sentence of imprisonment without labor or heavier punishment is not declared by a court;

3. Where the suspension of the sentence of imprisonment without labor or heavier punishment has been declared by a court and the period of such suspension expires.

(6) Where any reason for restriction on benefits that falls under any subparagraph of Article 38 (1) of the Act arises, the beneficiary or his or her relative shall report such fact to the Minister of National Defense without delay. <Amended on Dec. 29, 2020>

(7) A person who intends to receive the remaining amount pursuant to the main clause of paragraph (5) shall submit to the Minister of National Defense a written claim for the remaining retirement benefits or remaining retirement allowances, along with the documents classified as follows, as prescribed by Ordinance of the Ministry of National Defense: <Amended on Dec. 29, 2020>

1. In cases falling under paragraph (5) 1: A written decision on non-transfer issued by the head of the competent police agency or a written decision on a non-prosecution issued by the head of the competent prosecutors’ office;

2. In cases falling under paragraph (5) 2 or 3: A certificate of criminal trial decision issued by the head of the competent prosecutors’ office.

Article 50(Transfer of Amount of Pension) #

(1) Where a person who received a retirement pension or an early retirement pension under the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act has been appointed as a member of the armed forces and retires or dies after aggregating the periods of service pursuant to Articles 5 (5) and 6 of the Act, the Minister of National Defense shall, without delay, request the Government Employees Pension Service under Article 4 of the Public Officials Pension Act (hereinafter the "Government Employees Pension Service”) or the Korea Teachers Pension under Article 4 of the Pension for Private School Teachers and Staff Act (hereinafter referred to as the "Korea Teachers Pension") to transfer the amount equivalent to a retirement pension, early retirement pension, or retirement pension for survivors (including an amount payable pursuant to Article 12 of the Act, an additional payment to veteran's pension for survivors, and a special additional payment to veteran's pension for survivors) to the Fund.

(2) The amount to be transferred to the Fund by the Government Employees Pension Service or the Korea Teachers Pension pursuant to paragraph (1) shall be the amount of benefits that can be paid pursuant to the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act as at the time a member of the armed forces retires or dies pursuant to Article 46 (1) of the Act. In such cases, the amount of benefits shall be the amount calculated by deeming that a reason for providing the same kind of benefits as those paid pursuant to the Act at the time of retirement or death of the member has arisen equally in the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act.

(3) The Government Employees Pension Service or the Korea Teachers Pension shall transfer the amount referred to in paragraph (1) to the Fund as classified follows:

1. A retirement pension, early retirement pension, or retirement pension for survivors: It shall be transferred on a semi-annual basis by dividing it into two times each year; and the portion to be paid for the first half year shall be transferred by March 31, and the portion to be paid for the second half year shall be transferred by September 30;

2. Benefits under Article 12 of the Act, benefits to be paid in lieu of a pension under Article 15 of the Act, additional payments to veteran's pension for survivors, and special additional payments to veteran's pension for survivors: The portion to be paid for the period from September of the previous year to February of the relevant year shall be transferred by March 31 of the relevant year, and the portion to be paid for the period from March to August of the relevant year shall be transferred by September 30 of the relevant year.

(4) While the transfer under paragraph (3) is made, the Minister of National Defense shall investigate at least once a year whether there exists any reason for the extinguishment of entitlement to a retirement pension, an early retirement pension, or a retirement pension for survivors under the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act, any reason for the reduction of the amount thereof, or other reasons affecting the transfer and shall notify the findings thereof to the Government Employees Pension Service or the Korea Teachers Pension.

(5) Where the Government Employees Pension Service or the Korea Teachers Pension fails to transfer the relevant benefits to the Fund by the deadline prescribed in paragraph (3), the Minister of National Defense shall require it to pay them by adding the interest calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year during the delinquent period, and such interest shall be calculated as compound interest for each fiscal year.

Article 57(Scope of Data Subject to Request for Submission) #

Data, organizations, or institutions subject to a request by the Minister of National Defense (including a person delegated with the authority of the Minister of National Defense pursuant to Article 58 (1)) pursuant to Article 54 (2) of the Act shall be classified as follows:

1. A certified copy of household resister, a certified copy of individual register, and a family relation certificate: A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of an Eup/Myeon;

2. Computerized information data on matters registered regarding family relations: The Minister of National Court Administration;

3. Computerized information data on resident registration: The Minister of the Interior and Safety;

4. Data on income and data on business registration: The Commissioner of the National Tax Service;

5. Local taxation data, registration data on land, buildings, and automobiles, and data on burial and cremation: The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

6. Data on the amount of monthly remuneration, health care benefits under the health insurance, and health examination results: The President of the National Health Insurance Corporation;

7. Criminal and investigation history records, and data on missing persons reported: The Commissioner General of the National Police Agency;

8. A copy of criminal court rulings: A chief prosecutor of the competent prosecutors' office or a branch chief;

9. Data on immigration: The Minister of Justice;

10. Data on the registration of overseas Korean nationals: The Minister of Foreign Affairs;

11. Data on the registration of persons with disabilities: The Minister of Health and Welfare;

12. Data on the purchase or receipt of a public official pension and accident compensation for public officials: The Chairman and CEO of the Government Employees Pension Service;

13. Data on the purchase and receipt of a pension for private school teachers and staff: The CEO of the Korea Teachers Pension;

14. Other data equivalent to those prescribed in subparagraphs 1 through 13 and deemed necessary by the Minister of National Defense: Organizations and institutions possessing the relevant data.

ENFORCEMENT DECREE OF THE MILITARY PENSION ACT

Article 1(Purpose) #

Article 2(Scope of Taxable Income Included in Amount of Standard Monthly Income) #

Article 3(Methods for Determining Amount of Standard Monthly Income) #

Article 4(Amount of Standard Monthly Income of Newly Appointed Persons) #

Article 5(Determination of Amount of Standard Monthly Income during Period of Leave of Absence) #

Article 6(Period of Application of Amount of Standard Monthly Income) #

Article 7(Conversion of Amount of Average Standard Monthly Income into Current Value) #

Article 8(Criteria for Recognizing Survivors) #

Article 9(Return of Contributions) #

Article 10(Scope of Recognition of Period of Engaging in Combats) #

Article 11(Recognition of Period of Military Service before Appointment and Procedures for Inclusion Thereof) #

Article 12(Counting Point for Calculation of Period of Service) #

Article 13(Procedures for Aggregation of Period of Service) #

Article 14(Methods of Paying Amount to Be Returned) #

Article 15(Calculation of Amount to Be Returned) #

Article 16(Confirmation of Reasons for Providing Benefits and Determination of Benefits) #

Article 17(Methods of Paying Benefits) #

Article 18(Method of Paying Benefits to Representative of Survivors) #

Article 19(Special Cases concerning Beneficiaries of Benefits) #

Article 20(Payment Period of Pensions) #

Article 21(Issuance of Pension Certificate) #

Article 22(Claim for Settlement of Pensions in Cases of Emigration or Loss of Nationality) #

Article 23(Recovery of Benefits) #

Article 24(Write-Off) #

Article 25(Adjustment between Veteran's Pension and Disability Pension) #

Article 26(Investigation of Personal Affairs of Beneficiaries of Pensions) #

Article 27(Application to Modify Type of Veteran’s Pensions) #

Article 28(Claim for Retirement Benefits) #

Article 29(Marriage Period Excluded from Calculation of Split Pension) #

Article 30(Procedures for Claiming Split Pensions) #

Article 31(Suspension of Payment of Veteran’s Pensions) #

Article 32(Special Cases concerning Calculation of Retirement Benefits) #

Article 33(Reporting on Loss of Entitlement to Veteran’s Pension) #

Article 34(Retirement Benefits for Missing Persons) #

Article 35(Claim for Veteran's Pension for Survivors) #

Article 36(Criteria for Recognition of Support for Children) #

Article 37(Substantiation of Missing) #

Article 38(Reporting on Loss of Entitlement to Veteran's Pension for Survivors and Transfer Thereof) #

Article 39(Claim for Retirement Allowances) #

Article 40(Retirement Allowances Due to Life Unknown) #

Article 41(Restrictions on Benefits Due to Criminal Punishment) #

Article 42(Restrictions on Benefits Due to Intent) #

Article 43(Restrictions on Benefits for Failure to Receive Physical Examination) #

Article 44(Methods and Procedures for Payment of Contributions) #

Article 45(Payment of Contributions by Persons Taking Leave of Absence Who Are Not Paid Remunerations) #

Article 46(Collection of Overpaid or Unpaid Contributions) #

Article 47(Methods and Procedures for Payment of State’s Contributions) #

Article 48(Addition or Subtraction of Overpaid or Unpaid State's Contributions) #

Article 49(Accounting Personnel) #

Article 50(Transfer of Amount of Pension) #

Article 51(Collection of Revenue) #

Article 52(Requirements for Use of Legal Reserves) #

Article 53(Management and Operation of the Fund) #

Article 54(Request for Review) #

Article 55(Extension of Period of Prescription) #

Article 56(Period of Effectuation) #

Article 57(Scope of Data Subject to Request for Submission) #

Article 58(Delegation or Entrustment of Authority over Determination and Payment of Benefits) #

Article 59(Keeping of Books) #

Article 60(Processing of Sensitive Information and Personally Identifiable Information) #