ENFORCEMENT DECREE OF THE PENSION FOR PRIVATE SCHOOL TEACHERS AND STAFF ACT

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ENFORCEMENT DECREE OF THE PENSION FOR PRIVATE SCHOOL TEACHERS AND STAFF ACT — 법갈피

Article 3-2(Determination of standard monthly income) #

(1) The TP shall determine the standard monthly income of teachers and staff on July 1 each year; provided, the standard monthly income of teachers and staff newly appointed in that year shall be determined at the time of such new appointment. <Amended on Sep. 18, 2018; Jan. 14, 2025>

(2) Where a teacher or staff member engaged in income-earning activities for 1 month or longer in the preceding year, the standard monthly income of such teacher or staff member shall be the amount calculated by multiplying by 30 the amount obtained by dividing the income under Article 3(1) minus tax-exempt income under Article 3(2) by the total number of days during which such income-earning activities were carried out in the preceding year and adding the amount calculated by multiplying such result by the rate of increase in remuneration of public officials for that year as publicly announced pursuant to Article 5(5) of the Enforcement Decree of the Public Officials Pension Act. <Amended on Nov. 29, 2013; Sep. 18, 2018; Jul. 7, 2025>

(3) The standard monthly income of teachers and staff who were appointed in the preceding year and whose period of engagement in income-earning activities in that year was less than 1 month and of teachers and staff newly appointed in the relevant year shall be the amount equal to 30 times the amount obtained by dividing the amount remaining after excluding tax-exempt income under Article 3(2) from earned income under Article 20(1)1 of the Income Tax Act to be paid to such teachers and staff by their affiliated school institutions in that year by the total number of days during which income-earning activities will be carried out in that year. <Amended on Nov. 29, 2013; Sep. 18, 2018>

(4) Notwithstanding paragraphs (2) and (3), where a teacher or staff member had a period of leave of absence or a period of work converted to a part-time selection system during the preceding year, the standard monthly income of such teacher or staff member shall be the amount obtained by adding the amount calculated by multiplying the most recently applied standard monthly income by the rate of increase in remuneration of public officials for that year. <Amended on Sep. 18, 2018>

(5) Where a school institution fails to submit income-related data pursuant to Article 3-5(1) and no income-related data are available, the standard monthly income of the relevant teacher or staff member shall be the amount corresponding to each of the following subparagraphs: <Amended on Jan. 26, 2012; Sep. 18, 2018>

1. In the case of an incumbent teacher or staff member: The amount obtained by adjusting the standard monthly income of such teacher or staff member for the preceding year in accordance with the rate of increase in remuneration of public officials;

2. In the case of a newly appointed teacher or staff member: The smallest amount among the standard monthly incomes of the teacher and staff member who fall under similar job categories or positions at school institutions of the same level as the affiliated school institution.

[This Article Wholly Amended on Jan. 1, 2010]

Article 20(Calculation of refund amount) #

(1) In calculating the refund amount, the period for calculating interest to be additionally collected on the amount of remuneration to be refunded shall be based on the number of months from the month following the month in which such remuneration was paid to the month in which the application for approval of aggregation of periods of service is received by the TP, and such interest shall be included in the amount of remuneration on an annual basis for the calculation of subsequent interest; provided, in the case of installment payment pursuant to Article 32(3) of the Act, the period for calculating interest to be additionally collected shall be from the month following the month in which aggregation of periods of service was approved to the month in which installment payment is completed, and the amount of each installment to be paid shall be the amount obtained by equally dividing the principal and interest according to the number of installments. <Amended on Mar. 27, 1989; Dec. 30, 2000; Jan. 1, 2010; Nov. 29, 2013; Jul. 2, 2019>

(2) The interest rate under paragraph (1) shall be the highest interest rate on time deposits applied by banks established under the Banking Act that operate nationwide (hereafter referred to as "nationwide banks") as of January 1 of each year during the interest calculation period. <Amended on Mar. 27, 1989; Feb. 2, 1996; Dec. 30, 2000; Jun. 30, 2005; Nov. 15, 2010>

(3) Notwithstanding paragraph (2), where installment payment is made pursuant to Article 32(3) of the Act, the interest rate to be applied shall be the interest rate as of January 1 of the year in which aggregation of periods of service was approved; provided, where the difference between the interest rate during installment payment and the interest rate at the time aggregation of periods of service was approved becomes 2 percent or more, the refund shall be recalculated by applying the increased or decreased interest rate, and the same shall apply where there is again an increase or decrease of 2 percent or more compared with the changed interest rate during installment payment. <Added on Dec. 30, 2000>

(4) Where a refund is not paid by the payment deadline under Article 19 (1), the period for calculating delinquency interest shall be the period of arrears (calculated on a daily basis), and the interest rate shall be a rate equivalent to twice the highest interest rate on 1-year time deposits applied by nationwide banks as of January 1 of each year during the delinquency interest calculation period. <Added on Dec. 30, 2000; Jun. 30, 2005; Nov. 29, 2013>

[This Article Wholly Amended on Dec. 31, 1982]

Article 21-2(Pension Benefit Examination Committee for Private School Teachers and Staff) #

(1) The Pension Benefit Examination Committee for Private School Teachers and Staff (hereinafter referred to as the "Benefit Examination Committee") shall be established within the TP pursuant to the proviso of Article 34(1) of the Act.

(2) The following matters shall be subject to deliberation by the Benefit Examination Committee: <Amended on Jan. 14, 2025>

1. Whether to recognize re-treatment pursuant to Article 33-3 of the Act and Article 32-3 of this Decree;

2. Determination of benefits pursuant to the proviso of Article 34(1) of the Act;

3. Whether to wholly or partially refrain from exercising the right to claim damages against a third party pursuant to the proviso of the main clause of Article 41(2) of the Act;

4. Whether grounds for restriction of benefits apply pursuant to Article 44(3) and (4) of the Act on accident compensation as applied and Article 63(3) and (4) of the Act on pension as applied;

5. Whether to terminate medical care pursuant to Article 32-7;

6. Whether a disability state applies, determination and revision of disability grades pursuant to Articles 41, 44, and 45 (including cases where other provisions follow or apply mutatis mutandis the relevant provisions with respect to disability states, etc.).

(3) The Benefit Examination Committee shall be composed of not more than 50 members, including one chairperson.

(4) The chairperson of the Benefit Examination Committee shall be a standing director of the TP, and the members other than the chairperson shall be appointed by the chairperson of the TP from among public officials of Grade 5 or higher of the Ministry of Education (including general service public officials belonging to the Senior Executive Service), teachers and staff, and persons engaged in medical services or legal affairs.

(5) The term of office of members of the Benefit Examination Committee (excluding the chairperson) shall be 2 years; provided, where a member who is a public official of the Ministry of Education retires or is transferred, his or her term of office shall expire, and a new member shall be appointed from among public officials of the Ministry of Education.

(6) The chairperson of the TP may dismiss a member of the Benefit Examination Committee where such member falls under any of the following cases:

1. Where the member becomes unable to perform his or her duties due to a physical or mental disorder;

2. Where there is misconduct related to the performance of duties;

3. Where the member is deemed unfit to serve as a member of the Benefit Examination Committee due to neglect of duties, impairment of dignity, or other reasons;

4. Where the member expresses his or her intention that it is difficult to perform his or her duties.

(7) The chairperson of the Benefit Examination Committee shall convene meetings and preside over them; provided, where the chairperson is unable to perform his or her duties, a member designated in advance by the chairperson shall perform such duties, and where there is no such designated member or where the designated member is unable to perform such duties, the eldest member shall perform such duties.

(8) Each meeting of the Benefit Examination Committee shall be composed of not fewer than 9 and not more than 11 members, including the chairperson of the Benefit Examination Committee and members designated for each meeting by the chairperson.

(9) A meeting of the Benefit Examination Committee shall be opened with the attendance of a majority of the members constituting the meeting pursuant to paragraph (8) (including cases where members attend by accessing information and communications networks such as the internet where prompt deliberation is required or the matter is minor), and resolutions shall be adopted with the consent of a majority of the members present.

(10) The TP may pay allowances to members who attend meetings of the Benefit Examination Committee within the budgetary limits; provided, this shall not apply where a member who is a public official attends a meeting in direct connection with his or her official duties.

(11) Matters necessary for the operation of the Benefit Examination Committee and its meetings, other than those prescribed in paragraphs (1) through (10), shall be determined by the chairperson of the TP.

[This Article Added on Sep. 18, 2018]

Article 22-8(Suspension of payment of disability pension) #

(1) Where a beneficiary of retirement pensions, etc. (hereafter in this Article referred to as a "beneficiary of retirement pensions, etc.") is appointed as or retires from a private school teacher or staff member, a public official, or a soldier to whom the Act, the Public Officials Pension Act, or the Military Pension Act applies, he or she shall obtain confirmation from the head of the relevant pension-handling institution or the head of the relevant institution within 10 days and submit to the TP a report of reappointment or a report of re-retirement.

(2) The monthly income amount under the former part of the part other than the subparagraphs of Article 50(3) of the Act on pension as applied shall be the amount obtained by dividing the annual income amount for 1 year from January 1 to December 31 (amounts of less than KRW 10,000 shall be disregarded) by the number of months in which such income was earned. <Amended on Jan. 14, 2025>

(3) Where, pursuant to the former part of the part other than the subparagraphs of Article 50(3) of the Act on pension as applied, the monthly income amount for the relevant year exceeds the average monthly pension amount of public officials for the preceding year, payment of retirement pensions, etc. shall be partially suspended; the amount to be suspended shall be provisionally calculated by applying the average monthly pension amount of public officials for the preceding year and shall be settled after a final tax base return is filed pursuant to paragraph (5).

(4) The TP shall suspend payment of retirement pensions, etc. for the relevant year on the basis of data provided pursuant to Article 19(4) of the Act; provided, where the income amount of a beneficiary of retirement pensions, etc. cannot be verified based on data provided by State agencies, etc., payment of retirement pensions, etc. shall be suspended on the basis of the income amount for the preceding year or the year before the preceding year.

(5) Where the TP suspends payment of retirement pensions, etc. pursuant to Article 50 of the Act on pension as applied, it shall finalize the amount of pension payment suspension for the relevant year after a final tax base return is filed pursuant to Article 70 of the Income Tax Act and add or subtract the settlement difference when paying retirement pensions, etc. from the following month onward; provided, where a beneficiary of retirement pensions, etc. requests adjustment of the amount of pension payment suspension by submitting an application for adjustment of the amount of pension payment suspension together with objective materials capable of proving income for the relevant year, the amount of pension payment suspension may be adjusted before a final tax base return is filed. <Amended on Jan. 14, 2025>

(6) Where it is confirmed that a beneficiary of retirement pensions, etc. has no income other than retirement pensions, etc. in the month in which the settlement difference under the main sentence of paragraph (5) is deducted from retirement pensions, etc., the settlement difference shall be deducted within the limit of 20 percent of the monthly pension amount.

(7) The average standard monthly income of all public officials for the preceding year under the proviso of the main clause other than the subparagraphs of Article 50(1) of the Act on pension as applied shall be the amount calculated in May of the preceding year and shall apply from January through December of the relevant year.

(8) The Minister of Education shall notify the TP of the average monthly pension amount of public officials for the preceding year under Article 50(3) of the Act on pension as applied by January 10 of each year.

(9) "Degree of disability prescribed by Presidential Decree" in Article 32(2) of the Act on accident compensation as applied and Article 61(2) of the Act on pension as applied means, respectively, a state of disability falling under disability grades 1 through 14 under Article 41 of this Decree and Appendices 5 and 6.

[This Article Added on Sep. 18, 2018]

Article 22-9(Investigation into personal status of pension beneficiaries) #

(1) In order to identify changes in personal status that affect pension-type benefits, the TP may request a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereafter the same shall apply) having jurisdiction over the residence or place of registration of a pension beneficiary to conduct an investigation into such beneficiary's personal status.

(2) A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who receives a request for investigation under paragraph (1) (hereafter referred to as the "head of a Si/Gun/Gu") shall conduct such investigation without delay and notify the TP of the results thereof.

(3) The TP may, in order to verify changes in or extinction of entitlement, etc. pursuant to Article 19(1) and (2) of the Act, conduct investigations into matters such as the death, divorce, maintenance, or fulfillment of child-rearing responsibilities of a beneficiary by targeting the beneficiary or his or her family members, etc., or may request submission of data related thereto. <Amended on Jan. 14, 2025>

(4) A beneficiary residing abroad shall, as of May 31 of each year, have documents stating changes in personal status confirmed by the head of an overseas diplomatic mission (referring to the head of an overseas diplomatic mission located in a neighboring country in the case of a country where no overseas diplomatic mission is established) and submit them to the TP by June 30 of each year.

(5) Where a beneficiary fails to submit data under paragraph (3) or (4) without a compelling reason, the TP may suspend payment of benefits pursuant to Article 19 (3) of the Act. In such cases, the TP shall notify the beneficiary or his or her family members, etc. in advance, before suspending payment of benefits, that payment of benefits may be suspended if the data under paragraph (3) or (4) is not submitted.

(6) Where the grounds for suspension of payment of benefits under paragraph (5) are resolved, the TP shall immediately resume payment.

[This Article Added on Sep. 18, 2018]

Article 24(Special cases for payment of benefits where there are no survivors) #

(1) "Amount within the limit prescribed by Presidential Decree" in the first part of Article 38 (1) of the Act means the amount classified as follows:

1. Pension-type benefits: An amount obtained by multiplying 3 years' worth of the original pension amount as of the time of death by the following ratio (where teachers and staff, etc. died before reaching the retirement pension eligibility age under Article 43(1) 1 through 4 of the Act on pension as applied, the amount equivalent to the early retirement pension as of the time of death shall apply; and where a person died after exceeding the 5-year shortfall period under Article 43(2) of the same Act, the amount equivalent to the early retirement pension calculated on the assumption that the person died after exceeding 4 years but within 5 years of the shortfall period shall apply):

36?Number of months during which the pension could have been received until death pursuant to Article 43 (1) of the Act on pension as applied or Article 13 (1) of the Act on accident compensation as applied?/36

2. Other benefits: The full amount of the original benefit; provided, on-duty survivors' compensation under Article 37 of the Act on accident compensation as applied and lump-sum retirement survivors' pension and retirement survivors' lump-sum payment under Articles 54 and 58 of the Act on pension as applied shall be 1/2 of the original benefit amount.

(2) Where teachers and staff, etc. die leaving neither survivors nor lineal ascendants or descendants, the TP may pay the benefits under paragraph (1) to the head of the school institution to which the deceased teachers and staff, etc. belonged, so that such benefits may be used to provide a grave, ritual vessels, a memorial monument, etc. for the deceased teacher or staff member, etc., or to cover the costs of commemorative projects, etc. or medical care costs incurred before death.

[This Article Wholly Amended on Sep. 18, 2018]

Article 25(Recovery of benefits) #

(1) The interest and recovery costs to be added to and collected together with the benefit amount pursuant to the latter part of the part other than the subparagraphs of Article 39 of the Act shall be as follows; in such cases, the period for calculating interest to be added to the benefit amount shall be from the day following the day on which the benefits were received to the day on which the amount of benefits to be recovered and the interest thereon (hereafter referred to as "amount to be recovered") are determined and notified, and such interest shall be included in the benefit amount on an annual basis for the calculation of subsequent interest amounts:

1. Interest: An amount calculated by applying, for each year, the highest interest rate on time deposits applied by nationwide banks as of January 1 of the relevant year;

2. Recovery costs: An amount calculated by the TP as travel expenses necessary for investigations related to recovery of benefits and other costs incurred for recovery.

(2) Where a person required to pay the amount to be recovered pursuant to the latter part of the part other than the subparagraphs of Article 39 of the Act fails to make payment by the payment deadline, the delinquency interest shall be the amount calculated by applying, for each year during the delinquency interest calculation period, an interest rate equivalent to twice the highest interest rate on time deposits applied by nationwide banks as of January 1 of the relevant year. In such cases, the delinquency interest calculation period shall be from the day following the payment deadline of the amount to be recovered to the day on which such amount is paid.

(3) A person who has received benefits or the head of a school institution shall, upon becoming aware of any fact falling under any of the subparagraphs of Article 39 of the Act, report or notify the TP thereof without delay.

(4) Where the TP becomes aware of grounds for recovery of benefits through a report or notification under paragraph (3) or by any other means, it shall investigate such grounds without delay, send a notice of payment of the amount to be recovered to the person who received the benefits, and notify the head of the relevant school institution thereof.

(5) A person who receives a notice of payment under paragraph (4) shall pay the amount to be recovered within 30 days from the date of receipt of such notice; provided, in cases falling under subparagraphs 3 and 4 of Article 39 of the Act, such person may, upon submitting to the TP an application for installment payment of the amount to be recovered and obtaining approval therefor, pay the amount in monthly installments from the month following the month in which approval is granted, within the limits set forth in each of the following subparagraphs:

1. Where the amount to be returned is less than KRW 10,000,000: 8 installments;

2. Where the amount to be returned is at least KRW 10,000,000 but less than KRW 20,000,000: 16 installments;

3. Where the amount to be returned is at least KRW 20,000,000 but less than KRW 40,000,000: 32 installments;

4. Where the amount to be returned is at least KRW 40,000,000 but less than KRW 60,000,000: 48 installments;

5. Where the amount to be returned is at least KRW 60,000,000: 60 installments.

(6) Where installment payment is made pursuant to the proviso of the part other than the subparagraphs of paragraph (5), the interest to be added (excluding cases falling under subparagraph 4 of Article 39 of the Act where benefits were incorrectly paid from the outset due to an error or omission of the head of a school institution or the TP) shall be calculated by applying the interest rate under paragraph (1) 1 to the amount to be recovered payable during the installment period. In such cases, the amount of each installment shall be the amount obtained by equally dividing the principal and interest according to the number of installments.

(7) Where a person whose installment payment of the amount to be recovered has been approved pursuant to the proviso of the part other than the subparagraphs of paragraph (5) is in arrears with installment payments for 3 months or more, the TP may cancel the approval for installment payment and recover the amount to be recovered and the delinquency interest in a lump sum.

[This Article Wholly Amended on Sep. 18, 2018]

Article 28-2(Change in types of benefits and timing of payment) #

(1) A person who intends to make any change falling under any of the following subparagraphs shall submit an application for such change to the TP before commencement of payment of benefits or within 30 days from the benefit payment date (in the case of pension-type benefits, meaning the initial payment date):

1. Change in the type of benefits falling under any of the following items:

a. Disability benefits under subparagraph 3 of Article 8 of the Act on accident compensation as applied;

b. Survivors' benefits for occupational accidents under subparagraph 5 of Article 8 of the Act on accident compensation as applied;

c. Retirement benefits under subparagraph 1 of Article 28 of the Act on pension as applied;

d. Retirement survivors' benefits under subparagraph 2 of Article 28 of the Act on pension as applied;

2. Change in the timing of payment of early retirement pension under Article 43(2) of the Act on pension as applied.

(2) Where any change is made pursuant to an application under paragraph (1), any benefits already received shall be returned together with interest calculated for the number of days from the day following the day on which such benefits were received to the day of return (the highest interest rate on time deposits applied by nationwide banks as of January 1 of each relevant year shall apply).

(3) Where the type of benefits falling under subparagraphs 1 and 2 of Article 28 of the Act on pension as applied is changed pursuant to an application under paragraph (1), or the timing of payment of early retirement pension under Article 43(2) of the same Act is changed, a person who has claimed installment pension pursuant to Article 45 of the same Act, a person who has filed an advance claim for installment pension pursuant to Article 48 of the same Act, or a person who has filed an installment claim for retirement pension lump sum, etc. pursuant to Article 49 of the same Act shall be deemed to have likewise applied for a change in the type of benefits or the timing of payment.

[This Article Added on Sep. 18, 2018]

Article 29(On-duty medical care benefits) #

(1) Where teachers and staff, etc. undergo medical care due to an on-duty disaster (including cases of re-treatment pursuant to Article 33-3 of the Act), the TP shall pay medical care benefits under Article 22 of the Act on accident compensation as applied after deliberation by the Benefit Examination Committee (hereafter referred to as "on-duty medical care benefits").

(2) "On-duty disaster" in paragraph (1) means a case falling under any of the following subparagraphs, and the detailed standards for recognition thereof shall be as set forth in Appendix 3; provided, where there is no substantial causal relationship between the duties and the injury or disease, such case shall not be deemed an on-duty disaster:

1. On-duty injury: An injury resulting from an accident falling under any of the following items (hereafter referred to as an "on-duty accident"):

a. An accident occurring in the course of performing duties or acts incidental thereto;

b. An accident occurring while commuting to or from work by the ordinary route and method;

c. Any other accident occurring in connection with the performance of duties;

2. On-duty disease: A disease falling under any of the following items:

a. A disease caused by physical, chemical, or biological factors in the course of performing duties;

b. A disease caused by duties imposing physical or mental burden in the course of performing duties;

c. A disease caused by an on-duty injury;

d. Any other disease occurring in connection with the performance of duties.

(3) Where, during medical care for an on-duty disaster, an additional injury or disease caused by such on-duty disaster is newly discovered in teachers and staff, etc. and requires medical care, such additionally discovered injury or disease shall be deemed an on-duty disaster.

(4) In the course of treatment for an on-duty injury or disease, where complications are induced with such injury or disease being the principal cause, such complications shall be deemed an on-duty disease; provided, where the complications are naturally induced or aggravated due to an underlying disease or constitutional causes, such complications shall not be deemed an on-duty disease.

(5) Notwithstanding paragraphs (1) through (4), where teachers and staff, etc. come to fall under an on-duty disaster due to an act of self-harm, on-duty medical care benefits shall not be paid; provided, where such act of self-harm was committed in a state in which normal cognitive capacity, etc. was distinctly impaired for reasons related to the performance of duties, and where any of the following grounds apply, on-duty medical care benefits shall be paid: <Amended on Jan. 14, 2025>

1. Where teachers and staff, etc. who have received or are receiving medical care for a mental illness arising in the course of performing duties or in relation to duties committed an act of self-harm in a mentally abnormal state;

2. Where teachers and staff, etc. who are receiving medical care for an on-duty injury or disease committed an act of self-harm in a mentally abnormal state caused by such on-duty injury or disease;

3. Where a substantial causal relationship is recognized between the act of self-harm and a mentally abnormal state arising in the course of performing duties or in relation to duties.

(6) In making a determination regarding an on-duty disease, consideration shall be given to the characteristics of the duties of teachers and staff, etc., gender, age, constitution, usual health condition, existence of pre-existing diseases, sick leave, leave of absence, and retirement.

[This Article Wholly Amended on Sep. 18, 2018]

Article 32(Claim for and payment of costs of on-duty medical care benefits) #

(1) Where a medical care institution provides on-duty medical care, it shall claim the costs of on-duty medical care benefits calculated pursuant to Article 25 of the Act on accident compensation as applied by attaching a statement of details to the medical cost claim form and submitting it to the TP; provided, where the TP has entrusted duties related to on-duty medical care benefits pursuant to Article 20 of the Act and Article 14 of this Decree, the claim shall be submitted to the entrusted party.

(2) Where the TP or a person entrusted with duties related to on-duty medical care benefits pursuant to Article 20 of the Act receives a claim for the costs of on-duty medical care benefits under paragraph (1), it shall examine the details of the claim and pay the costs to the medical care institution; provided, the costs of on-duty medical care benefits falling under any of the following subparagraphs may be paid directly to the beneficiary:

1. Among the costs of medical care benefits under Article 25(1) of the Act on accident compensation as applied, the portion of medical costs paid by the beneficiary to the medical care institution pursuant to Article 44 of the National Health Insurance Act;

2. The costs of medical care benefits under subparagraphs 2 and 3 of Article 25 of the Act on accident compensation as applied and Article 32-2 of this Decree.

(3) A person who intends to receive direct payment of the costs of on-duty medical care benefits falling under paragraph (2) 2 pursuant to the proviso of paragraph (2) shall claim such costs from the TP by submitting a claim for the costs of on-duty medical care benefits, with a statement of details, receipts, and a medical certificate issued by a medical care institution attached thereto.

(4) Where a person entrusted with duties related to on-duty medical care benefits pursuant to Article 20 of the Act has paid the costs of on-duty medical care benefits under paragraph (2), that person shall submit the claim for benefit costs to the TP with a statement of details attached thereto, and the TP shall examine the claim and pay the costs within 1 month.

(5) Where the TP deems it necessary to urgently pay the costs of on-duty medical care benefits because it is evident that teachers and staff, etc. sustained injuries in the course of performing their duties, the TP may take measures necessary for on-duty medical care, such as notifying a medical care institution of its intention to pay the costs of on-duty medical care benefits and the scope of such payment, even prior to approval of on-duty medical care under Article 30.

[This Article Wholly Amended on Sep. 18, 2018]

Article 32-3(Requirements and procedures for re-treatment) #

(1) A person who has received on-duty medical care benefits may apply to the TP for re-treatment pursuant to Article 33-3 of the Act where all of the following requirements are met; provided, where a lump-sum disability compensation has been received pursuant to Article 28 of the Act on accident compensation as applied, re-treatment may not be applied for until 5 years have elapsed from the date of such payment:

1. There shall be a substantial causal relationship between the healed on-duty injury or disease and the injury or disease subject to re-treatment;

2. There shall be a need for active treatment, such as surgery (including surgery to remove internal fixation devices such as metal pins inserted by internal fixation and reoperation of the amputation site for fitting a prosthetic hand or prosthetic leg), for the condition of the injury or disease subject to re-treatment, and it shall be recognized that medical treatment effects can be medically expected.

(2) Where teachers and staff, etc. intend to receive re-treatment pursuant to paragraph (1), they shall submit an application for approval of on-duty re-treatment to the TP, attaching the documents set forth in each of the following subparagraphs:

1. A medical certificate (limited to one issued by a medical care institution that contains a doctor's opinion on the details of the required re-treatment and the required period of medical care);

2. Copies of medical records related to the medical care;

3. Other copies of medical records that can substantiate the grounds for re-treatment.

(3) Where the TP receives an application for re-treatment pursuant to paragraph (2), it shall decide whether to approve the re-treatment and the period of re-treatment (limited to cases where approval of re-treatment is granted) after deliberation by the Benefit Examination Committee, and shall send the written decision to the applicant and to any person entrusted with duties related to on-duty medical care benefits pursuant to Article 20 of the Act and Article 14 of this Decree.

(4) Where the TP deems it necessary to determine whether to approve re-treatment, it may require the applicant to undergo a medical examination at a medical care institution designated by the TP. In such cases, the costs incurred for the medical examination shall be borne by the TP.

(5) Article 31 shall apply mutatis mutandis to the extension of the period of re-treatment.

[This Article Wholly Amended on Sep. 18, 2018]

Article 39(Requirements and procedures for payment of rehabilitation exercise costs) #

(1) "Disability prescribed by Presidential Decree" in the part other than the subparagraphs of Article 26 (1) of the Act on accident compensation as applied means any of the following disabilities: <Amended on Jan. 14, 2025>

1. Functional disability of at least 1 of the 3 major joints of an arm or a leg;

2. Deformation of the spine, functional disability, or neurological disability;

3. Disability of the muscles or nerves of an arm or a leg (including cases where a disability of an arm or a leg has occurred due to injury to the brain or spinal cord), which falls under disability grades 1 through 12 as prescribed in Appendix 5.

(2) Teachers and staff, etc. who intend to receive rehabilitation exercise costs pursuant to Article 26 of the Act on accident compensation as applied shall, after performing rehabilitation exercises at a rehabilitation exercise institution (limited to a person registered as a business operator pursuant to Article 8 of the Value-Added Tax Act in relation to sports activities), submit a claim for rehabilitation exercise costs to the TP, attaching the documents prescribed in each of the following subparagraphs:

1. Documentary evidence of the performance of rehabilitation exercises and the costs incurred therefor;

2. A doctor's written opinion stating that rehabilitation exercises are required as the person falls under the disability prescribed in paragraph (1).

(3) Where the TP receives a claim for rehabilitation exercise costs pursuant to paragraph (2), it shall examine the claim and pay the costs; provided, where the rehabilitation costs fall under medical care pursuant to any subparagraph of Article 22(1) of the Act on accident compensation as applied, on-duty medical care benefit costs and rehabilitation exercise costs shall not be paid in duplicate for the same medical care.

(4) The period eligible for payment of rehabilitation exercise costs pursuant to Article 26 of the Act on accident compensation as applied shall be within 3 months from the date on which the relevant teachers and staff, etc. commence rehabilitation exercises; provided, any period during which rehabilitation exercises could not be performed due to unavoidable reasons such as natural disasters or the occurrence of a large-scale infectious disease shall not be included in the eligible period. <Amended on Jan. 14, 2025>

[This Article Wholly Amended on Sep. 18, 2018]

Article 40(Requirements and procedures for payment of psychological counseling costs) #

(1) Where teachers and staff, etc. undergoing on-duty medical care intend to receive psychological counseling pursuant to Article 27 of the Act on accident compensation as applied, they shall submit an application for approval of psychological counseling to the TP in advance, attaching psychological test materials, copies of medical records related to the medical care, etc., and obtain approval.

(2) A person who has obtained approval for psychological counseling pursuant to paragraph (1) shall, in order to receive psychological counseling costs pursuant to Article 27 of the Act on accident compensation as applied, after receiving psychological counseling at a psychological counseling institution (limited to a person registered as a business operator pursuant to Article 8 of the Value-Added Tax Act in relation to psychological counseling), submit a claim for psychological counseling costs to the TP, attaching documentary evidence of the provision of psychological counseling and the costs incurred therefor.

(3) Where the TP receives a claim for psychological counseling costs pursuant to paragraph (2), it shall examine the claim and pay the costs; provided, where the psychological counseling falls under medical care pursuant to any subparagraph of Article 22(1) of the Act on accident compensation as applied, on-duty medical care benefit costs and psychological counseling costs shall not be paid in duplicate for the same medical care.

(4) The period eligible for payment of psychological counseling costs pursuant to Article 27 of the Act on accident compensation as applied shall be within 3 months from the date on which the person who obtained approval for psychological counseling pursuant to paragraph (1) commences psychological counseling; provided, any period during which psychological counseling could not be provided due to unavoidable reasons such as natural disasters or the occurrence of a large-scale infectious disease shall not be included in the eligible period. <Amended on Jan. 14, 2025>

(5) Psychological counseling shall commence within 1 month from the date on which notice of the approval decision is received pursuant to paragraph (1); where it does not commence within such 1-month period, the date on which 1 month has elapsed from the date of receipt of the notice of the approval decision shall be deemed the date on which psychological counseling commenced. <Added on Jan. 14, 2025>

[This Article Wholly Amended on Sep. 18, 2018]

Article 45(Redetermination of disability grade ex officio) #

(1) With respect to a beneficiary of a disability pension who falls under any of the following subparagraphs (excluding cases in which, even if the disability grade corresponding to the disability under the following subparagraphs is changed, the final disability grade remains unchanged because the grade of another disability is Grade 1; hereinafter referred to as a "person subject to redetermination of disability grade"), the TP shall conduct a redetermination of the disability grade within 1 year from the date on which 2 years have elapsed from the date on which the decision on payment of the disability pension was made; in such cases, the redetermination of the disability grade shall be conducted only once: <Amended on Jan. 14, 2025>

1. Where, among disabilities eligible for payment of a disability pension, there is 1 or more disabilities falling under Grade 1(3), Grade 2(3), Grade 3(3), Grade 5(2), Grade 7(4), Grade 9(10), or Grade 12(15) as prescribed in Appendix 5;

2. Where, among disabilities eligible for payment of a disability pension, there is 1 or more disabilities falling under Grade 6 (5), Grade 7 (14), Grade 8 (2), Grade 9 (17), Grade 10 (14), Grade 11 (12), or Grade 12 (16) as prescribed in Appendix 5 (limited to cases where the disability grade has been determined based on spinal nerve root disability);

3. Where, among disabilities eligible for payment of a disability pension, there is 1 or more disabilities falling under Grade 1(6) or (8), Grade 4(6), Grade 5(6) or (7), Grade 6(6) or (7), Grade 7(7) or (11), Grade 8(4), (6), or (7), Grade 9(13) or (15), Grade 10(9), (12), or (13), Grade 11(9) or (10), Grade 12(9), (10), (12), or (14), or Grade 13(8) or (11) as prescribed in Appendix 5 (limited to cases where the disability grade has been determined based on the motor function of bodily joints);

4. Where, among disabilities eligible for payment of a disability pension, there exists a disability not prescribed in the disability grades prescribed in Appendix 5, and there are 1 or more disabilities falling under any of subparagraphs 1 through 3.

(2) Notwithstanding paragraph (1), where a person subject to disability grade redetermination undergoes re-treatment, the TP shall conduct a single redetermination of the disability grade within 1 year from the date on which 2 years have elapsed from the date of cure after such re-treatment (where the disability grade has been changed, from the date on which the payment decision for the corresponding disability pension is made).

(3) Where the TP intends to conduct a redetermination of a disability grade pursuant to paragraph (1) or (2), the TP shall require the relevant person subject to disability grade redetermination to undergo a diagnosis at a medical care institution designated by the TP; in such cases, the cost incurred for such diagnosis shall be borne by the TP.

(4) Where the TP intends to require a diagnosis pursuant to the former part of paragraph (3), the TP shall notify the relevant person subject to disability grade redetermination of the commencement date of the redetermination, the deadline for diagnosis, the medical care institutions at which the diagnosis may be conducted, and other matters necessary for the redetermination.

(5) A person who has undergone a diagnosis pursuant to the former part of paragraph (3) shall submit to the TP a disability diagnosis certificate for the Teachers' Pension by the medical care institution that conducted the diagnosis, within 6 months from the commencement date of the redetermination. <Amended on Jan. 14, 2025>

(6) Where the TP receives a disability diagnosis certificate pursuant to paragraph (5), the TP shall send to the relevant person subject to disability grade redetermination a written decision specifying the following matters, after deliberation by the Benefit Examination Committee:

1. Whether the disability grade is to be redetermined;

2. Where the disability grade is redetermined, the disability grade so determined.

(7) The disability grade redetermined pursuant to paragraph (6) shall apply from the month following the month in which the date of diagnosis pursuant to paragraph (3) falls.

[This Article Added on Sep. 18, 2018]

Article 46-7(Application for transfer of entitlement to disability survivors' pension) #

Where a person entitled to receive disability survivors' pension or on-duty survivors' pension loses such entitlement or has been missing for at least 1 year and, pursuant to Article 40(2) or Article 41 of the Act on accident compensation as applied, a survivor of the same order of priority or of the next order of priority seeks to receive the disability survivors' pension or the on-duty survivors' pension, the relevant survivor shall submit to the TP an application for transfer of entitlement to the disability survivors' pension or the on-duty survivors' pension, together with the following documents: <Amended on Jan. 14, 2025>

1. Documents certifying that the applicant is a survivor of a disability pension beneficiary or a survivor of a teacher or staff member who died on duty;

2. Where a representative among survivors of the same order files the claim, documents proving that the claimant is the representative of the survivors pursuant to Article 23;

3. Documents according to the following categories:

a. Where the case falls under Article 40(2) of the Act on accident compensation as applied: Documents according to the following categories:

1) Where the case involves death, remarriage, termination of the kinship relationship with the deceased teacher or staff member, or where a child or grandchild who is not in a disability status has reached 19 years of age: A certificate concerning family relation records or a resident registration certificate;

2) Where the disability status of a child or grandchild aged 19 or older who had been in a disability status has been resolved: Documents certifying the degree of disability, such as a certificate of registration as a person with a disability pursuant to Article 32 of the Act on Welfare of Persons with Disabilities, or documents certifying the cancellation of such registration pursuant to Article 32-3 of the same Act.

b. Where the case falls under Article 41 of the Act on accident compensation as applied: Documents certifying, by the head of a Si/Gun/Gu or the chief of a police station, that the disability pension beneficiary has been missing for at least 1 year.

[This Article Added on Sep. 18, 2018]

Article 47(Disaster relief grant) #

(1) The scope of damage caused by a disaster under Article 42(2) of the Act on accident compensation as applied means damage suffered by a house owned by a teacher or staff member or his or her spouse (including a share in a multi-unit housing; hereafter the same shall apply), or a house in which the teacher or staff member customarily resides that is owned by a lineal ascendant or descendant of the teacher or staff member or of his or her spouse, as a result of fire, flood, heavy rain, heavy snowfall, storm, tidal wave, or natural or man-made phenomena equivalent thereto.

(2) The amount of a relief grant by degree of damage caused by a disaster under Article 42(2) of the Act on accident compensation as applied shall be as follows:

1. Where a house is completely destroyed, lost, or demolished: 3.9 times the average amount of the standard monthly income of all public officials;

2. Where at least 1/2 of a house is destroyed, lost, or demolished (excluding cases falling under subparagraph 1): 2.6 times the average amount of the standard monthly income of all public officials;

3. Where at least 1/3 of a house is destroyed, lost, or demolished (excluding cases falling under subparagraphs 1 and 2): 1.3 times the average amount of the standard monthly income of all public officials.

(3) A person who intends to receive a disaster relief grant pursuant to Article 42 of the Act on accident compensation as applied shall submit an application for a disaster relief grant to the TP, attaching a certificate confirming the damage status issued by the head of a Si/Gun/Gu or the chief of a fire station; in such cases, the TP shall verify the following administrative information through the joint use of administrative information pursuant to Article 36 (1) or (2) of the Electronic Government Act, and if the applicant does not consent to verification of the information under subparagraph 1, the applicant shall be required to submit the relevant documents directly: <Amended on May 12, 2020>

1. A copy of the resident registration certificate;

2. A copy of the building register.

[This Article Wholly Amended on Sep. 18, 2018]

Article 47-2(Condolence grant upon death) #

(1) "One teacher or staff member prescribed by Presidential Decree" in the latter part of Article 43(1) of the Act on accident compensation as applied means the teacher or staff member with the highest priority ranking among those in the following order of priority:

1. The teacher or staff member who is the spouse of the deceased person;

2. The oldest teacher or staff member among the closest lineal descendants of the deceased person;

3. The oldest teacher or staff member among the spouses of the closest lineal descendants of the deceased person;

4. The oldest teacher or staff member among the parents of the deceased person.

(2) Where the deceased teacher or staff member has no spouse pursuant to Article 43(2) of the Act on accident compensation as applied, the condolence grant upon death shall be paid to the person who conducted the funeral and performs ancestral rites, who ranks highest in priority among the following persons; provided, among the persons who conducted the funeral and perform ancestral rites, where there is a teacher or staff member who is a lineal descendant of the deceased teacher or staff member, the condolence grant upon death shall be paid to such lineal descendant teacher or staff member, notwithstanding subparagraph 1:

1. The oldest person among the closest lineal descendants of the deceased teacher or staff member;

2. The oldest person among the closest lineal ascendants of the deceased teacher or staff member;

3. The oldest person among the siblings of the deceased teacher or staff member.

(3) A person who intends to receive a condolence grant upon death pursuant to Article 43 of the Act on accident compensation as applied shall submit an application for a condolence grant upon death to the TP together with the documents listed in the following subparagraphs; provided, where the grant is to be paid to the teacher or staff member who had supported the deceased pursuant to the latter part of Article 43(1) of the Act on accident compensation as applied, the TP may verify a resident registration certificate through the joint use of administrative information pursuant to Article 36(1) and (2) of the Electronic Government Act, and where the applicant does not consent to such verification, the applicant shall be required to submit the relevant document directly: <Amended on May 12, 2020>

1. Documents capable of proving the fact of death of the spouse, etc. of a teacher or staff member pursuant to Article 43(1) and (2) of the Act on accident compensation as applied;

2. Documents proving the relationship with the deceased referred to in subparagraph 1.

[This Article Wholly Amended on Sep. 18, 2018]

Article 54-4(Application for transfer of entitlement to retirement survivors' pension) #

Where a beneficiary of a retirement survivors' pension has been missing for at least 1 year or has lost his or her entitlement, and a survivor of the same order or the next order intends to receive the retirement survivors' pension pursuant to Article 56 or Article 57(2) of the Act on pension as applied, the relevant survivor shall submit an application for transfer of entitlement to retirement survivors' pension to the TP with the following documents attached: <Amended on Jan. 14, 2025>

1. Documents proving that the applicant is a survivor of a person entitled to receive retirement pension or early retirement pension;

2. Where a representative among survivors of the same order files the claim, documents proving that the claimant is the representative of the survivors pursuant to Article 23;

3. Documents according to the following categories:

a. In cases falling under Article 56 of the Act on pension as applied: Documents verified by the head of a Si/Gun/Gu or the chief of a police station confirming that the beneficiary of retirement survivors' pension has been missing for at least 1 year;

b. In cases falling under Article 57(2) of the Act on pension as applied: Documents according to the following classifications:

[This Article Added on Sep. 18, 2018]

Article 64-2(Reduction of retirement survivors' benefits and survivors' benefits for occupational accidents due to failure to fulfill child-rearing responsibilities) #

(1) In determining whether teachers and staff, etc. have failed to fulfill child-rearing responsibilities pursuant to Article 44(4) of the Act on accident compensation as applied or Article 63(4) of the Act on pension as applied the matters prescribed in Appendix 7 shall be taken into consideration.

(2) Where the survivors of teachers and staff, etc. intend to apply for a restriction on benefits with respect to a person who has failed to fulfill child-rearing responsibilities toward teachers and staff, etc. pursuant to Article 44(4) of the Act on accident compensation as applied or Article 63(4) of the Act on pension as applied (hereinafter in this Article referred to as a "person subject to examination for benefit restriction"), such survivors shall file an application for benefit restriction with the TP attaching the following documents:

1. Documents proving that the applicant is a survivor of the teachers and staff, etc.;

2. Where a representative among survivors of the same order files the application documents proving that such person is the representative of the survivors;

3. Documents proving the failure of the person subject to examination for benefit restriction to fulfill child-rearing responsibilities.

(3) Where the TP receives an application under paragraph (2), it shall notify the person subject to examination for benefit restriction of such fact and receive from that person documents proving the fulfillment of child-rearing responsibilities and shall verify and investigate the relevant facts.

(4) Where the TP has verified and investigated the relevant facts pursuant to paragraph (3), it shall determine whether to restrict benefits and the rate of reduction and shall notify the applicant and the person subject to examination for benefit restriction of the results.

(5) Notwithstanding paragraph (4), where the person subject to examination for benefit restriction has received a decision to restrict either survivors' benefits for occupational accidents or retirement survivors' benefits pursuant to Article 44(4) of the Act on accident compensation as applied or Article 63(4) of the Act on pension as applied, the TP may determine whether to restrict the remaining benefits and the rate of reduction without deliberation by the Benefit Examination Committee.

(6) The TP shall calculate and pay benefits to the person subject to examination for benefit restriction in accordance with the decisions under paragraphs (4) and (5). In such cases, the reduced portion of benefits not paid to the person subject to examination for benefit restriction shall be paid as follows:

1. Where there is a survivor of the same order as the person subject to examination for benefit restriction: Where there is 1 survivor of the same order, the full amount shall be paid to that survivor; where there are 2 or more survivors of the same order, the amount shall be divided equally and paid to them;

2. Where there is no survivor of the same order as the person subject to examination for benefit restriction:

a. Where benefits are fully reduced: Where there is 1 survivor of the next order, the full amount shall be paid to that survivor; where there are 2 or more survivors of the next order, the amount shall be divided equally and paid to them;

b. Where benefits are partially reduced: It shall not be paid.

[This Article Added on Jan. 14, 2025]

Article 66(Reduction of retirement benefits and retirement allowance due to criminal punishment) #

(1) Where teachers and staff, etc. fall under any of the subparagraphs of Article 65(1) of the Act on pension as applied, retirement benefits and retirement allowance under the Act on pension as applied shall be paid after being reduced in accordance with the classifications in the following subparagraphs; provided, retirement pension or early retirement pension shall not be reduced until the end of the month in which the ground for reduction arises:

1. A person falling under Article 65(1)1 or 2 of the Act on pension as applied:

a. Retirement benefits for a person whose period of service is less than 5 years: 1/4;

b. Retirement benefits for a person whose period of service is 5 years or more: 1/2;

c. Retirement allowance: 1/2;

2. A person falling under Article 65(1) 3 of the Act on pension as applied:

a. Retirement benefits for a person whose period of service is less than 5 years: 1/8;

b. Retirement benefits for a person whose period of service is 5 years or more: 1/4;

c. Retirement allowance: 1/4.

(2) With respect to the reduced amount pursuant to Article 65(2) of the Act on pension as applied, interest to be additionally paid shall be calculated by applying the highest interest rate among fixed deposit interest rates applied by nationwide banks as of January 1 of each relevant year, and such interest shall be included in the reduced amount on an annual compound basis for the period from the month following the month in which a portion of the retirement benefits or retirement allowance was reduced and paid until the month in which the cause for reduction ceases, and the interest accrued thereafter shall be calculated accordingly.

(3) A person who intends to receive an amount reduced pursuant to Article 65(2) of the Act on pension as applied shall submit to the TP an application for reduced retirement benefits or an application for reduced retirement allowance, along with the documents classified as follows:

1. Where Article 65(1)1 of the Act on pension as applied applies: A copy of a final and conclusive court judgment or a certificate of finality of a criminal judgment;

2. Where Article 65(1)2 or 3 of the Act on pension as applied applies: A copy of a court judgment or decision, or a copy of a resolution, in cases where a disposition of impeachment or dismissal or removal by disciplinary action has been rendered null and void, revoked, or modified by a judgment or decision of a court or other authority;

3. Other materials proving that the cause for reduction of benefits has retroactively ceased.

(4) Where, pursuant to Article 65(3) of the Act on pension as applied, an investigation is under way or a criminal trial is pending against a teacher or staff member due to a criminal act punishable by imprisonment or heavier punishment committed for reasons arising during service (excluding cases arising from negligence unrelated to duties and cases arising from negligence occurring in the course of complying with a lawful official order of a superior), only 3/4 of the benefit amount shall be paid provisionally in the case of lump-sum retirement benefits for a person whose period of service is less than 5 years, and only 1/2 of the benefit amount shall be paid provisionally in the case of retirement allowance, and lump-sum retirement pension, lump-sum retirement pension contribution, or a lump-sum retirement benefit for a person whose period of service is 5 years or more: <Amended on Dec. 29, 2020>

1. Deleted; <Dec. 29, 2020>

2. Deleted; <Dec. 29, 2020>

3. Deleted. <Dec. 29, 2020>

(5) Pursuant to the latter part of Article 65 (3) of the Act on pension as applied, interest to be added to the remaining amount shall be calculated by applying the highest fixed-term deposit interest rate applied by nationwide banks as of January 1 of that year, and such interest shall be compounded annually by adding it to the remaining amount for the period from the month following the month in which part of the retirement benefit or retirement allowance was paid until the month in which the ground for payment of the remaining amount arises, and thereafter the amount of interest shall be calculated.

(6) The remaining amount after the priority payment pursuant to paragraph (4) shall be paid when teachers and staff, etc. whose payment has been suspended pursuant to Article 65(3) of the Act on pension as applied falls under any of the following subparagraphs; provided, in the case of subparagraph 1, if an investigation procedure is recommenced with respect to the relevant case after a decision of non-referral or non-prosecution, or if prosecution is instituted and a criminal trial is pending with respect to the relevant case, such remaining amount shall not be paid: <Added on Dec. 29, 2020>

1. When a decision of non-referral or non-prosecution is rendered;

2. When no sentence of imprisonment without labor or heavier punishment is imposed;

3. When a judgment of suspension of sentence for imprisonment without labor or heavier punishment is rendered and the suspension period has elapsed.

(7) A person who intends to receive the remaining amount pursuant to the main sentence of paragraph (6) shall submit to the Corporation an application for the remaining retirement benefit or an application for the remaining retirement allowance, along with the documents classified as follows: <Amended on Jul. 14, 2020; Dec. 29, 2020>

1. Where paragraph (6)1 applies: A decision of non-referral issued by the head of the competent police authority or a decision of non-prosecution issued by the Director of the Corruption Investigation Office for High-Ranking Officials or the head of the competent prosecutors' office;

2. Where paragraph (6)2 or 3 applies: A certificate of finality of criminal judgment issued by the Director of the Corruption Investigation Office for High-Ranking Officials or the head of the competent prosecutors' office.

(8) Where the head of a school institution becomes aware that a teacher or staff member belonging thereto or who formerly belonged thereto falls under Article 65 of the Act on pension as applied, he or she shall notify the TP of such fact without delay. <Amended on Dec. 29, 2020>

[This Article Wholly Amended on Sep. 18, 2018]

Article 69-3(Bearing of costs incurred in payment of retirement allowances) #

(1) Of the amount obtained by subtracting the costs listed in the following subparagraphs from the costs incurred in the payment of retirement allowance under Article 47 (3) of the Act (hereafter referred to as "costs for payment of retirement allowances" in this Article), 40/100 shall be borne by the school management entity:

1. Costs incurred in the payment of retirement allowance to teachers and staff working at kindergartens, elementary schools, or secondary schools under Article 3 of the Act;

2. Costs incurred in the payment of retirement allowance to administrative staff working at school foundations that establish and operate only kindergartens, elementary schools, or secondary schools under Article 3 of the Act;

3. Costs incurred in the payment of retirement allowance to teachers and staff working at schools of not higher than the high school level among institutions subject to special cases for the scope of application under Article 60-4 of the Act;

4. Costs incurred in the payment of retirement allowance to administrative staff working at school foundations that establish and operate only schools of not higher than the high school level among institutions subject to special cases for the scope of application under Article 60-4 of the Act.

(2) Notwithstanding paragraph (1), the costs incurred in payment of retirement allowances for clinical faculty members and employees under Article 60-4(6) or (7) of the Act shall be borne in full by the school management entity. <Added on Feb. 29, 2016>

(3) Of the costs incurred in payment of retirement allowance, the amount to be borne by the TP pursuant to the proviso of Article 47(3) of the Act shall be the amount borne by the TP as retirement allowance costs in 1992. <Amended on Feb. 29, 2016>

(4) Of the costs incurred in payment of retirement allowances, the amount to be borne by the State pursuant to the proviso of Article 47(3) of the Act shall be the remainder after excluding the following amounts: <Amended on Feb. 29, 2016>

1. The amount borne by the school management entity pursuant to paragraphs (1) and (2);

2. The amount borne by the TP pursuant to paragraph (3).

(5) Where there is no school management entity required to bear the costs of retirement allowance under paragraphs (1) and (2) due to dissolution of the corporation or other reasons, the State shall bear such costs. <Amended on Feb. 29, 2016>

(6) In calculating the amount to be borne by a school management entity under paragraphs (1) and (2), where a retired teacher or staff belonged to 2 or more school management entities and falls under the proviso of Article 2(1)3 of the Act, the costs shall be borne by each relevant school management entity in proportion to the period of service at each entity, and where the ratios under the subparagraphs of Article 63-3 differ and a difference arises between the total amount of retirement allowance paid and the aggregate of the amounts to be borne by the respective school management entities, such difference shall be borne by the State. <Amended on Feb. 29, 2016>

(7) The amount to be borne by a school management entity under paragraphs (1) and (2) shall be paid in the month following the month in which retirement allowances are paid, based on the aggregate of the actual costs incurred on a monthly basis. <Amended on Feb. 29, 2016>

(8) Where the amount borne by the State in the relevant year pursuant to paragraphs (4) and (5) and the latter part of paragraph (6) falls short of or exceeds the actual amount incurred, such difference shall be settled through the contribution for the following year. <Amended on Feb. 29, 2016>

[This Article Wholly Amended on Feb. 27, 2014]

Article 75-2(Transfer of pension amounts) #

(1) Where a person entitled to retirement pension, early retirement pension, or retired service pension under the Public Officials Pension Act or the Military Pension Act is appointed as a teacher or staff and after having the period of service or period of military service under the relevant pension Act aggregated pursuant to Article 32 of the Act retires or dies, the TP shall request the Government Employees Pension Service or the Minister of National Defense to transfer the benefit amount pursuant to Article 52-2 of the Act without delay. <Amended on Jan. 29, 1988; Feb. 2, 1996; Dec. 30, 2000; Jun. 30, 2005; Jan. 1, 2010>

(2) The amount to be transferred to the TP by the Government Employees Pension Service or the Minister of National Defense pursuant to paragraph (1) shall be the amount of benefits payable under the Public Officials Pension Act or the Military Pension Act as of the date of retirement or death of the teachers and staff pursuant to Article 52-2 of the Act. In such cases, the amount of benefits shall be calculated as the amount determined on the assumption that the same type of benefit entitlement as that paid under the Act as of the date of retirement or death of the teachers and staff has arisen in the same manner under the Public Officials Pension Act or the Military Pension Act (in the case of an early retirement pension, the amount obtained by reducing the retirement pension or retired service pension by the reduction rate for early retirement pension prescribed by the Act). <Added on Dec. 30, 2000; Jun. 30, 2005; Jan. 1, 2010>

(3) The Government Employees Pension Service or the Minister of National Defense shall transfer the benefits pursuant to paragraph (1) to the TP by the following methods: <Added on Dec. 30, 2000; Jan. 1, 2010; Sep. 18, 2018>

1. Retirement pension, early retirement pension, retired service pension, or survivors' pension shall be transferred semiannually in 2 installments each year, with the installment for the first half of the year transferred by March 31 and the installment for the second half of the year transferred by September 30;

2. Benefits pursuant to Article 38 of the Act, benefits paid in lieu of a pension pursuant to Article 36 of the Act on pension as applied, and retirement survivors' pension additional amount and retirement survivors' pension special additional amount pursuant to Article 54 of the Act on pension as applied shall be transferred by March 31 of the relevant year for payments made from September of the preceding year through February of the relevant year and by September 30 of the relevant year for payments made from March through August of the relevant year.

(4) While the TP receives semiannual transfers from the Government Employees Pension Service or the Minister of National Defense pursuant to Article 52-2 of the Act and paragraph (3) 1, the TP shall, at least once a year, investigate whether there exist any grounds for extinction or reduction of the right to receive retirement pension, early retirement pension, retired service pension, or survivors' pension under the Public Officials Pension Act or the Military Pension Act, or any other grounds affecting the transfer, and shall notify the Government Employees Pension Service or the Minister of National Defense thereof. <Amended on Jan. 1, 2010>

(5) Where the Government Employees Pension Service or the Minister of National Defense fails to transfer the relevant benefits to the TP within the time limit prescribed in paragraph (3), interest calculated at the highest fixed deposit interest rate applied by nationwide banks as of January 1 of each relevant year shall be added for the delayed period and paid, with such interest to be calculated on a compound basis for each fiscal year. <Added on Dec. 30, 2000; Amended on Jan. 1, 2010>

[This Article Added on Dec. 31, 1982]

Article 87-2(Methods of management of the pension fund for private school teachers and staff) #

(1) Financial institutions with which the pension fund for private school teachers and staff (hereinafter referred to as the "Fund") may be deposited or entrusted pursuant to Article 53-3(2)1 of the Act shall be as follows: <Amended on Mar. 28, 2000; Dec. 30, 2000; Feb. 24, 2003; Jun. 30, 2005; Jul. 29, 2008; Nov. 15, 2010>

1. Banks under the Banking Act;

2. Investment traders, investment brokers, collective investment business entities, trust business entities, investment advisory business entities, discretionary investment business entities, securities finance companies, and comprehensive financial companies under the Financial Investment Services and Capital Markets Act;

3. Deleted; <Jul. 29, 2008>

4. Deleted; <Jul. 29, 2008>

5. Postal agencies under the Act on Postal Savings and Insurance;

6. Mutual savings banks under the Mutual Savings Banks Act;

7. Insurance companies under the Insurance Business Act.

(2) The scope of securities under Article 53-3(2)2 of the Act shall be as follows: <Amended on Jan. 29, 2001; Feb. 29, 2008; Jul. 29, 2008; Mar. 23, 2013>

1. Securities under Article 4 of the Financial Investment Services and Capital Markets Act;

2. Deleted; <Jun. 30, 2005>

3. Securities not falling under subparagraph 1 that are approved by the Minister of Education after specifying the scope of acquisition.

(3) The fund growth projects or projects for the promotion of welfare under Article 53-3(2)5 of the Act shall be as follows: <Amended on Jan. 29, 2001; Feb. 24, 2003; Jun. 30, 2005; Jan. 24, 2007; Feb. 29, 2008; Jul. 29, 2008; Jan. 26, 2012; Mar. 23, 2013; Nov. 29, 2013; Aug. 11, 2020; Aug. 17, 2021>

1. Real estate leasing business and projects intended to enhance the value of real estate or increase its usability;

2. Projects operating hospitals, recreational facilities, recuperation facilities, stores, and other welfare facilities for the welfare of teachers and staff;

3. Tourism business and ancillary businesses thereto;

4. Trading of exchange-traded derivatives under Article 5(2) of the Financial Investment Services and Capital Markets Act (limited to those traded in a derivatives market under Article 8-2(4)2 of the same Act);

5. Derivative financial transactions under Article 3(1) 9 and 10 of the Foreign Exchange Transactions Act (excluding transactions for speculative purposes);

6. Investment in venture enterprises under Article 71(1) of the Act on the Venture Investment Promotion Act;

6-2. Equity participation in venture investment associations under Article 2(11) of the Venture Investment Promotion Act and in new technology business investment associations under subparagraph 14-5 of Article 2 of the Specialized Credit Finance Business Act;

6-3. Deleted; <Aug. 11, 2020>

7. Other projects recognized by the Minister of Education as projects from which returns at least equal to long-term time deposit interest rates are expected.

[This Article Added on Feb. 28, 2000]

ENFORCEMENT DECREE OF THE PENSION FOR PRIVATE SCHOOL TEACHERS AND STAFF ACT

Article 1(Purpose) #

Article 2(Standards for recognition of survivors) #

Article 3(Scope of income and tax-exempt income) #

Article 3-2(Determination of standard monthly income) #

Article 3-3(Lower limit of standard monthly income) #

Article 3-4(Period of application of standard monthly income) #

Article 3-5(Submission of income-related data and notification of standard monthly income) #

Article 3-6(Conversion of standard monthly income and average standard monthly income into present value) #

Article 3-7(Verification of reported income) #

Article 4(Registration of establishment) #

Article 5(Registration of establishment of branches) #

Article 6(Registration of relocation) #

Article 7(Registration of changes) #

Article 8(Applicant for registration) #

Article 9(Documents to be attached to application for registration) #

Article 10(Commencement of registration period) #

Article 11(Competent registry offices) #

Article 12(Mutatis mutandis application) #

Article 13(Scope of profit-making activities) #

Article 13-2(Request for provision of data) #

Article 14(Entrustment of affairs) #

Article 15 #

Article 16 #

Article 17 #

Article 17-2(Service periods recognized as periods of service) #

Article 17-3(Procedure for inclusion of service periods prior to appointment) #

Article 18(Procedure for aggregation of periods of service) #

Article 19(Method of payment of refund) #

Article 20(Calculation of refund amount) #

Article 21(Benefits subject to deliberation) #

Article 21-2(Pension Benefit Examination Committee for Private School Teachers and Staff) #

Article 22(Upper limit of standard monthly income) #

Article 22-2(Conversion of average standard monthly income of all public officials into present value) #

Article 22-3(Issuance of pension certificate) #

Article 22-4(Report of change of address or name of pension beneficiary) #

Article 22-5(Date of payment of pensions) #

Article 22-6(Claim for pension settlement due to emigration or loss of nationality) #

Article 22-7(Institutions subject to full suspension of pension payments) #

Article 22-8(Suspension of payment of disability pension) #

Article 22-9(Investigation into personal status of pension beneficiaries) #

Article 23(Method of payment of benefits to representative of survivors) #

Article 24(Special cases for payment of benefits where there are no survivors) #

Article 24-2(Payment of benefits) #

Article 25(Recovery of benefits) #

Article 26(Security for the right to receive benefits) #

Article 27(Claim for payment of amounts deducted under other statutes or regulations) #

Article 27-2(Verification of beneficiary status for pension adjustment) #

Article 28(Adjustment with third-party compensation for damages) #

Article 28-2(Change in types of benefits and timing of payment) #

Article 29(On-duty medical care benefits) #

Article 29-2(Medical consultation on medical care) #

Article 30(Approval of on-duty medical care) #

Article 30-2 #

Article 31(Extension of the period of on-duty medical care) #

Article 32(Claim for and payment of costs of on-duty medical care benefits) #

Article 32-2(Calculation of costs of on-duty medical care benefits) #

Article 32-3(Requirements and procedures for re-treatment) #

Article 32-4(Medical care at medical institutions other than medical care institutions) #

Article 32-5(Change of medical care institutions) #

Article 32-6 #

Article 32-7(Termination of medical care) #

Article 33(Requirements and procedures for payment of nursing care benefits) #

Article 34(Standards for payment of assistive devices or assistive device allowances) #

Article 35 #

Article 36 #

Article 37 #

Article 38 #

Article 39(Requirements and procedures for payment of rehabilitation exercise costs) #

Article 40(Requirements and procedures for payment of psychological counseling costs) #

Article 41(Determination of disability grades) #

Article 42(Claim for disability benefits) #

Article 43(Report of loss of entitlement to disability pension) #

Article 44(Redetermination of disability grades upon claim) #

Article 45(Redetermination of disability grade ex officio) #

Article 46(Disability status of beneficiaries of disability pension) #

Article 46-2(Request for diagnosis to confirm disability status) #

Article 46-3(Payment of disability benefits to a person whose whereabouts are unknown) #

Article 46-4(Claim for disability survivors' pension) #

Article 46-5(Claim for on-duty survivors' pension) #