Article 1(Purpose) #
The purposes of this Act are to contribute to supporting persons with severe disabilities to live a stable life, to increasing their welfare and to integrating the society by paying disability pension to them who have difficulties in everyday life due to disabilities.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Dec. 19, 2017>
1. The term "person with severe disabilities" means a person prescribed by Presidential Decree from among those whose professional competence is lost or noticeably decreased from among persons with disabilities registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities, and whose degree of disability is determined as class 1, 2 or 3 pursuant to Article 2(2) of the same Act;
2. The term "eligibility for disability pension" means the qualification to receive disability pension under this Act;
3. The term "eligible recipient" means a person entitled to disability pension;
4. The term "recipient" means a person who receives disability pension under this Act;
5. The term "amount counted as income" means the aggregate of the amount assessed as income of an eligible recipient and his or her spouse and the amount of income calculated on the basis of property value;
6. The term "amount assessed as income of an eligible recipient and his or her spouse" means the amount calculated to use for making determinations, conducting implementation, etc. of paying disability pension to an eligible recipient and his or her spouse, notwithstanding their actual income. In such case, the scope of income being the basis of calculation of the amount assessed as income shall be prescribed by Presidential Decree, and the detailed calculation method shall be prescribed by Decree of the Ministry of Health and Welfare;
7. The term "income calculated on the basis of property value" means the amount calculated by multiplying the property value of an eligible recipient and his or her spouse by the property-to-income conversion rate. In such case, matters necessary for the scope of property of an eligible recipient and his or her spouse, criteria for calculation of property value, property-to-income conversion rate, and other matters necessary for the methods of calculating income calculated on the basis of property value shall be prescribed by Decree of the Ministry of Health and Welfare.
Article 3(Responsibility of the State and local governments) #
(1) The State and local governments shall endeavor to the maximum extent possible so that disability pension is enough to support persons with severe disabilities to live a stable life and to increase their welfare, and, each year, raise finances necessary therefor.
(2) The State and local governments shall endeavor to the maximum extent possible so that income reversal between social brackets does not occur subsequent to the payment of disability pension and that work motivation and encouragement to save money do not decline.
Article 4(Scope of eligible recipients) #
(1) An eligible recipient shall be a person with severe disabilities and aged 18 or more, whose amount counted as income is the same as or below the amount (hereinafter referred to as "income eligibility threshold") set and publicly notified by the Minister of Health and Welfare in consideration of income, property, standard of living of such person with severe disabilities, and inflation rate, etc. <Amended on May 20, 2014; Dec. 11, 2018>
(2) Where the Minister of Health and Welfare sets the income eligibility threshold, he or she shall ensure that the number of recipients accounts for 70/100 of the number of persons with severe disabilities and aged 18 or more. <Added on May 20, 2014>
(3) Notwithstanding paragraph (1), a person entitled to pension benefits falling under any of the following and his or her spouse, and a person prescribed by Presidential Decree from among persons who have received any of the following pension benefits and his or her spouse shall not be paid disability pension: <Added on May 20, 2014; Mar. 20, 2018; Dec. 10, 2019>
1. Retirement pension, lump-sum retirement pension, lump-sum retirement pension after deductions, disability pension, disability pension for reasons other than official duties, non-service disability pension, lump-sum payment for disability, lump-sum disability payment for reasons other than official duties, lump-sum payment for non-service disability, retirement pension for survivors, disability pension for survivors, survivors' pension for a public official who died in the line of duty, survivors ’ pension for a person who died while doing his or her job, survivors' pension for a public official who died in the line of dangerous duty, lump-sum retirement pension for survivors, or lump-sum payment on retirement for survivors prescribed in Article 28 of the Public Officials Pension Act, Article 8 of the Public Officials' Accident Compensation Act, or Article 42(1) of the Pension for Private School Teachers and Staff Act (in the case of lump-sum payment on retirement for survivors, limited to cases in which an eligible recipient of survivors' pension for a public official who died in the line of duty chooses the lump-sum payment in lieu of such survivors' pension pursuant to Article 20(1) of the Public Officials' Accident Compensation Act (including cases in which an eligible recipient of survivors' pension for a person who died while doing his or her job chooses the lump-sum payment in lieu of such survivors' pension under Article 42(1) of the Pension for Private School Teachers and Staff Act) and to cases in which an eligible recipient of survivors' pension for a public official who died in the line of dangerous duty chooses the lump-sum payment in lieu of such survivors' pension pursuant to Article 20(2) of the same Act);
Article 5(Kinds and details of disability pension) #
The kinds and details of disability pension under this Act shall be as listed hereunder:
1. Basic benefits: Benefits offered to compensate for reduction in income due to loss of professional competence or noticeable decline therein;
2. Supplemental benefits: Benefits offered to reimburse, in part or in whole, additionally incurred expenses due to disabilities.
Article 6(Basic benefit amount) #
(1) The Minister of Health and Welfare shall, each year, publicly notify the amount of basic benefits (hereinafter referred to as "basic benefit amount") calculated by reflecting the nationwide consumer price index (referring to the rate of change in the prices of commodities purchased by households across the country, which is publicly notified, each year, by the Minister of Data and Statistics under Article 3 of the Statistics Act) in the basic benefit amount for the previous year, as prescribed by Presidential Decree; provided, the basic benefit from 2018 to 2021 shall be as listed hereunder: <Amended on May 20, 2014; Mar. 27, 2018; Jan. 15, 2019; Jan. 21, 2020; Oct. 1, 2025>
1. Basic benefit amount for 2018: 250,000 won;
2. Basic benefit amount for 2019 for recipients of livelihood benefits under Article 7(1)1 of the National Basic Living Security Act and for recipients of medical benefits under subparagraph 3 of the same paragraph: 300,000 won;
3. Basic benefit amount for 2020 for recipients of livelihood benefits, recipients of housing benefits, recipients of medical benefits, and recipients of education benefits under Article 7(1)1 through 4 of the National Basic Living Security Act and for recipients of medical benefits under subparagraph 10 of the same paragraph: 300,000 won;
4. Basic benefit amount for 2021: 300,000 won.
(2) Where, notwithstanding paragraph (1), the amount of standard pension benefits is publicly notified pursuant to Article 9(3) of the Basic Pension Act, such amount shall be the basic benefit amount. <Amended on May 20, 2014>
(3) Where both an eligible recipient and his or her spouse receive basic benefits, an amount equivalent to 20/100 of the basic benefit amount shall be deducted from the respective basic benefit amount. <Added on May 20, 2014>
(4) Where, notwithstanding paragraphs (1) and (2), the aggregate of the amount counted as income and the basic benefit amount is the same as or more than the income eligibility threshold, payment may be made after deducting a portion from the basic benefit amount, as prescribed by Presidential Decree. <Amended on May 20, 2014>
(5) Basic benefits shall not be paid to the eligible recipients of basic pension benefits under the Basic Pension Act from among eligible recipients. <Amended on May 20, 2014>
(6) The period during which the provision on basic benefit amount under paragraphs (1) and (2) is valid shall be from April of the relevant adjustment year to March of the following year. <Amended on Jan. 15, 2019; Jan. 21, 2020>
Article 7(Supplemental benefit amount) #
The supplemental benefit amount shall be a monthly fixed amount, which is prescribed by Presidential Decree in consideration of the level of income of an eligible recipient and his or her spouse, additional expenses due to disabilities, etc.
Article 8(Application for disability pension) #
(1) A person who wishes to receive disability pension (hereinafter referred to as "disability benefit seeker") may file an application for disability pension with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Amended on May 20, 2014; Jun. 8, 2021>
(2) Public officials affiliated with the Special Self-Governing City, the Special Self-Governing Province, a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) may apply for disability pension in place of disability benefit seekers or eligible recipients residing in their jurisdictions so that those in need of disability pension under this Act are not omitted. In such case, they shall obtain consent from the disability benefit seekers or eligible recipients, and such consent shall be deemed an application by the disability benefit seekers or eligible recipients. <Amended on May 20, 2014>
(3) When a disability benefit seeker files an application for disability pension under paragraph (1) or when a disability benefit seeker or an eligible recipient gives consent to filing an application for pension benefits by a public official affiliated with the Special Self-Governing City, the Special Self-Governing Province, a Si/Gun/Gu under paragraph (2), the disability benefit seeker or eligible recipient and his or her spouse shall submit a written consent (including one in electronic format; hereinafter the same shall apply) stating that they give consent to providing the following data or information to the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: <Amended on May 20, 2014>
1. Average deposit balances among the data or information on the details of financial assets and financial transactions under subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, and other data or information prescribed by Presidential Decree (hereinafter referred to as "financial information");
2. Amount of debts among credit information under subparagraph 1 of Article 2 of the Credit Information Use and Protection Act, and other data or information prescribed by Presidential Decree (hereinafter referred to as "credit information");
3. Insurance premiums paid by himself or herself as he or she buys insurance under the subparagraphs of Article 4(1) of the Insurance Business Act, and other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").
Article 8-2(Provision of information on disability pension) #
(1) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall provide persons with severe disabilities with information on the scope of eligible recipient, and kinds and details of disability pension, methods of applying therefor, etc.
(2) Matters necessary for the details of information to be provided pursuant to paragraph (1), methods of providing such information, procedures therefor, etc. shall be prescribed by Presidential Decree.
[This Article Added on Feb. 3, 2016]
Article 9(Inspection following application) #
(1) If the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives an application for disability pension under Article 8(1) and (2), he or she shall have a public official under him or her inspect the following matters necessary for determining and making payment of disability pension, etc.: <Amended on May 20, 2014; Dec. 19, 2017>
1. Matters concerning income and property of disability benefit seekers or eligible recipients and their spouses;
2. Matters concerning the characteristics of households of disability benefit seekers or eligible recipients, and their level of disability;
3. Matters necessary for the payment of disability pension, such as deposit accounts, etc. of disability benefit seekers or eligible recipients and their spouses.
(2) Where the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives an application for disability pension under Article 8(1) and (2), he or she may re-examine the level of disability in order to check the condition and level of disability of the disability benefit seeker or eligible recipient <Amended on May 20, 2014; Dec. 19, 2017>
(3) Where ascertaining the matters under the subparagraphs of paragraph (1) or securing data necessary for the re-examination under paragraph (2) is difficult, the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the disability benefit seekers or eligible recipients, their spouses or other interested parties (hereinafter referred to as "eligible recipient, etc.") to submit data necessary for ascertaining income, property, level of disability, etc., as prescribed by Decree of the Ministry of Health and Welfare. <Amended on May 20, 2014; Dec. 19, 2017>
(4) For inspection of the matters under paragraph (1), the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the heads of relevant institutions to provide data on national tax, local tax, land, housing, buildings, automobiles, ships, aircraft, national health insurance, national pension, employment insurance, industrial accident compensation insurance, veterans' benefits, military pension, pension for private school teachers and staff, pension for public officials, public officials' accident compensation benefits, special post office pension, basic pension, exit from and entry into Korea, entry into and discharge from correctional facilities or medical treatment and custody institutions, burial, cremation, funeral, resident registration, family relations registration, etc. In such cases, the heads of relevant institutions in receipt of a request for data shall comply therewith unless there is a compelling reason not to do so. <Amended on May 20, 2014; Mar. 21, 2018>
Article 10(Determination to pay disability pension) #
(1) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu makes an inspection under Article 9, he or she shall, without delay, determine whether to pay disability pension and the details thereof. <Amended on May 20, 2014>
(2) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu determines whether to pay disability pension and the details thereof pursuant to paragraph (1), he or she shall notify in writing the relevant disability benefit seeker or eligible recipient of the gist of the determination, kinds of disability pension, the time when payment begins, etc. <Amended on May 20, 2014>
(3) The notification under paragraph (2) to a disability benefit seeker or eligible recipient shall be made within 30 days from the date an application for disability pension is filed pursuant to Article 8. <Amended on May 20, 2014>
(4) Where any of the following is applicable, notwithstanding paragraph (3), notification may be made within 60 days from the date an application is filed. In such cases, reasons therefor shall be clearly specified in the written notification: <Amended on May 20, 2014; Dec.19, 2017>
1. Where there are special circumstances for which it takes time to make an inspection of income and property of a disability benefit seeker or eligible recipient and his or her spouse or to make a re-examination of the level of disability of a disability benefit seeker or eligible recipient;
2. Where an eligible recipient, etc. refuse, obstruct or evade an inspection or a request for data under Article 9.
Article 10-2(Management of history of applicants' desire to receive disability pension) #
(1) Where persons prescribed by Decree of the Ministry of Health and Welfare, such as disability benefit seekers who have applied for disability pension pursuant to Article 8, etc., fail to meet eligibility for disability pension, they may request the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu to verify their possibility of being included in the scope of eligible recipient under Article 4.
(2) A person who intends to have his or her possibility of being included in the scope of eligible recipient verified pursuant to paragraph (1) shall fill out an application and submit it to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu.
(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu shall ascertain the possibility whether a person who submits an application pursuant to paragraph (2) is included in the scope of eligible recipient under Article 4.
(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu shall introduce the method of applying for disability pension and procedures therefor to a person whose possibility of being included in the scope of eligible recipient under Article 4 is verified as a result of the ascertainment process under paragraph (3).
(5) Article 8(3) and (4) and Article 9(3) through (7) and (9) shall apply mutatis mutandis to the submission of an application under paragraph (2) and to the inspection for ascertainment of possibility under paragraph (3).
(6) Matters necessary for the period of validity of an application under paragraph (2), timing of ascertainment of possibility under paragraph (3), and methods of introduction, procedures therefor, etc. under paragraph (4) shall be prescribed by Presidential Decree.
[This Article Added on Feb. 8, 2017]
Article 11(Ex post facto management of recipients) #
(1) The Minister of Health and Welfare shall, each year, establish an annual inspection plan to ascertain the appropriateness of payment of disability pension to recipients, and inspect the matters under Article 9(1) with regard to recipients in the whole country.
(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu shall establish an annual plan for inspection of jurisdictional area pursuant to the annual inspection plan under paragraph (1), inspect the matters under Article 9(1) with regard to recipients in the jurisdictional area. <Amended on May 20, 2014>
(3) Article 9(3) through (7) and (9) shall apply mutatis mutandis to the matters necessary for submission of data by recipients, use of relevant data and ex post facto management of recipients.
(4) Where a recipient, his or her spouse or other interested party refuses, obstructs or evades twice or more an inspection under paragraphs (1) and (2), or a request for data under Article 9(3) that applies mutatis mutandis pursuant to paragraph (3), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu may cancel the determination of paying disability pension to the recipient or suspend the payment of disability pension. In such cases, he or she shall notify the recipient, specifying clearly in writing the reasons therefor. <Amended on May 20, 2014>
Article 12(Provision of financial information) #
(1) Notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act, the Minister of Health and Welfare may request the heads of financial companies, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or the heads of credit information collection agencies (hereinafter referred to as "financial company, etc.") under subparagraph 6 of Article 2 of the Credit Information Use and Protection Act to provide him or her with financial information, credit information or insurance information (hereinafter referred to as "financial information, etc.") in an electronic format document, which is converted from the consent letter submitted by a disability benefit seeker or eligible recipient and his or her spouse pursuant to Article 8(3) (including cases in which such provision applies mutatis mutandis pursuant to Article 10-2(5)). <Amended on Jul. 14, 2011; May 20, 2014; Feb. 8, 2017>
(2) Where the Minister of Health and Welfare deems needs arise for the ex post facto management of recipients under Article 11, he or she may request the heads of financial companies, etc. to provide him or her with financial information, etc. of the recipients and their spouses in a document or through an information and communications network specifying their personal data as prescribed by Decree of the Ministry of Health and Welfare, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(3) The heads of financial companies, etc. in receipt of a request for financial information, etc. pursuant to paragraphs (1) and (2) shall provide the requester with financial information, etc. of the holders of title to financial instruments, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality or Article 32 of the Credit Information Use and Protection Act.
(4) The heads of financial companies, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality who have provided a requester with financial information or insurance information pursuant to paragraph (3) shall notify the holders of title to financial instruments of the fact of providing the financial information; provided, where the holder of title to financial instruments gives consent, they may choose not to give notification notwithstanding of Article 4-2(1) of the Act on Real Name Financial Transactions and Confidentiality. <Amended on Jul. 14, 2011>
(5) The request for financial information, etc. and the provision thereof under paragraphs (1) through (3) shall be made through an information and communications network under Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; provided, where there are unavoidable circumstances, such as that the information and communications network is damaged, etc., this shall not apply.
Article 13(Period and timing of payment of disability pension) #
(1) Where a determination to pay disability pension is made pursuant to Article 10, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu shall, each month on a regular basis, pay disability pension to the relevant eligible recipients from the month to which the date on which an application for disability pension is filed belongs to the month to which an eligibility for disability pension ceases to exist belongs. <Amended on May 20, 2014>
(2) Where a reason for which paying disability pension is to be suspended occurs, the disability pension shall not be paid from the month next to the month to which such reason occurs belongs to the month to which such reason ceases to exist belongs; provided, where the date on which a reason for which payment is suspended occurs and the date on which the reason ceases to exist are in the same month, the payment shall not be suspended.
(3) Matters necessary for the methods of paying disability pension and procedures therefor shall be prescribed by Presidential Decree.
Article 13-2(Deposit accounts to receive disability pension) #
(1) Where a recipient makes a request, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall deposit the disability pension in a designated deposit account (hereinafter referred to as "deposit account to put disability pension in") in the name of the recipient; provided, where transferring disability pension to a deposit account to put disability pension in is impossible due to breakdown of the information and communications system or other reasons prescribed by Presidential Decree, disability pension may be paid as prescribed by Presidential Decree, such as payment by cash, etc.
(2) A financial institution in which a deposit account to put disability pension in is established shall manage it in a way so that only disability pension under this Act are deposited in the deposit account to put disability pension in.
(3) Matters necessary for the methods of filing an application and procedures therefor under paragraph (1), and for the management of deposit accounts to receive disability pension under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Added on May 29, 2016]
Article 14(Unpaid disability pension) #
(1) Where a recipient dies and there remains disability pension benefits to be paid to the recipient, payment of the disability pension shall be made as requested by bereaved family members who have been living together with the recipient in the same family at the time of the recipient's death.
(2) The procedures for applying for unpaid disability pension under paragraph (1) and methods thereof, scope of bereaved family members, order of payment, etc. shall be prescribed by Presidential Decree.
Article 15(Extinguishment of eligibility for pension benefits and suspension of payment) #
(1) Where an eligible recipient falls under any of the following, his or her eligibility for disability pension shall cease; provided, this shall not apply in cases falling under subparagraph 3 where the recipient meets the criteria determined by the Minister of Health and Welfare, taking into account changes in income and property status, the duration of benefits, and other relevant factors. <Amended on May 20, 2014; Dec. 19, 2017; Jun. 8, 2021>
1. Where he or she dies;
2. Where he or she loses nationality or leaves Korea to emigrate to a foreign country;
3. Where he or she becomes disqualified as an eligible recipient under Article 4(1);
4. Where he or she becomes disqualified as a person with severe disabilities due to changes, etc. in the level of disabilities.
(2) If a recipient falls under any of the following, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu shall suspend payment of disability pension: <Amended on May 20, 2014>
1. Where the recipient has been sentenced to imprisonment without prison labor or heavier punishment and is interned in a correctional facility or a medical treatment and custody institution under the Administration and Treatment of Correctional Institution Inmates Act or the Medical Treatment and Custody Act;
2. Where the recipient is presumed dead as he or she has gone missing, has disappeared, etc.;
3. Where the recipient keeps staying abroad for a period of sixty days or more. In such case, the date on which his or her stay abroad becomes 60 days shall be deemed the date on which a reason for suspension of payment occurs.
(3) Where an eligibility for disability pension ceases to exist pursuant to paragraph (1)3 or 4, or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu suspends payment of disability pension pursuant to paragraph (2), he or she shall clearly notify the reasons therefor to the eligible recipient, recipient or his or her spouse. <Amended on May 20, 2014>
Article 16(Duty to report) #
Where any of the following reasons occurs, a recipient shall make a report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu, as prescribed by Decree of the Ministry of Health and Welfare; provided, in the case of subparagraph 1 (limited to cases falling under Article 15(1)1), a person obligated to make a report under Article 85 of the Act on Registration of Family Relations shall report the fact of death to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu: <Amended on May 20, 2014>
1. Extinguishment of eligibility for disability pension under Article 15(1);
2. Changes in income or property of a recipient or his or her spouse meeting the criteria prescribed by Presidential Decree;
3. Marriage or divorce of a recipient.
Article 17(Retrieval of disability pension) #
(1) If a person who has received disability pension falls under any of the following, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu shall retrieve all or part of the disability pension that the person has received; provided, where subparagraph 1 is applicable to the person, he or she shall collect interest prescribed by Presidential Decree in addition to the disability pension: <Amended on May 20, 2014>
1. Where the person has received disability pension using deception or unlawful means;
2. Where the reason for which the person has been eligible for disability pension ceases to exist retroactively after the person has received the disability pension;
3. Where activity support allowances or allowance costs have been mistakenly paid.
(2) Where there is disability pension to be paid to a person from whom disability pension are to be retrieved pursuant to paragraph (1), the authority may offset the disability pension to be paid against the disability pension to be retrieved. <Amended on May 20, 2014>
(3) If a person who is to return disability pension pursuant to paragraph (1) fails to return the benefits within the designated period, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu may collect the benefits as national taxes or local taxes in arrears are collected. <Amended on May 20, 2014>
(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu deems retrieval is impossible as the person to return disability pension is missing or has no property, or where there are inevitable circumstances as he or she collects disability pension pursuant to paragraph (3), he or she may write off the amount to be retrieved. <Amended on May 20, 2014>
Article 18(Raising objections) #
(1) A person who has an objection to a determination with regard to the payment of disability pension under Article 10(1) or to an administrative measure under this Act may raise an objection to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu. <Amended on May 20, 2014>
(2) An objection under paragraph (1) may be raised in writing within 90 days from the date one learns that an administrative measure is taken; provided, where one proves that raising an objection within the period is impossible due to justifiable reasons, he or she may raise an objection within 60 days from the date the reason ceases to exist.
(3) Matters necessary for the methods of raising an objection, procedures therefor, etc. under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Health and Welfare.
Article 19(Prohibition against seizure) #
(1) Money or property paid to a recipient as disability pension or an eligibility to receive disability pension shall not be seized.
(2) A claim on a deposit account to put disability pension in under Article 13-2(1) shall not be seized. <Added on May 29, 2016>
(3) A recipient shall not transfer his or her eligibility to receive disability pension to another person or offer the benefits as a security. <Amended on May 29, 2016>
Article 20(Prescription) #
A recipient's eligibility to receive disability pension and a local government's right to retrieve disability pension under Article 17 shall cease to exist as the statute of limitations expires.
Article 20-2(Handling of fractions) #
Where the amount, etc. of disability pension to be paid or to be retrieved under this Act is calculated, an amount less than 10 won shall not be considered.
[This Article Added on May 20, 2014]
Article 21(Liability for expenses) #
In consideration of the financial circumstances, etc. of local governments, disability pension shall be assumed by the State, the Special Metropolitan City, Metropolitan Cities, Dos, the Special Self-Governing City, the Special Self-Governing Province, Sis, Guns and Gus, as prescribed by Presidential Decree. <Amended on May 20, 2014>
Article 22(Construction and operation of disability pension benefit information system) #
For efficient handling of various data and information necessary for the business of disability pension related to Articles 8 through 18 and 27 and for the computerization of the duties of record-keeping and management, the Minister of Health and Welfare may construct and operate a disability pension benefit information system.
Article 23(Entrustment of duties) #
The duties of the Minister of Health and Welfare or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu may be entrusted in part to relevant specialized institutions as prescribed by Presidential Decree. <Amended on May 20, 2014>
Article 24(Legal fiction as public officials in application of penalty provisions) #
Persons who perform duties entrusted pursuant to Article 23 shall be deemed public officials in applying penalty provisions under Articles 129 through 132 of the Criminal Act.
Article 25(Penalty provisions) #
(1) A person who uses, provides or reveals financial information, etc. in violation of Article 12(6) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on Feb. 8, 2017>
(2) A person who uses, provides or reveals information or data in violation of Article 9(6) (including cases in which such provision applies mutatis mutandis pursuant to Articles 10-2(5) and 11(3), and excluding cases in which Article 12(6) is violated) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Feb. 8, 2017>
1. Deleted; <Feb. 8, 2017>
2. Deleted. <Feb. 8, 2017>
(3) A person who receives disability pension or makes another person receive disability pension using deception or unlawful means shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on Feb. 8, 2017>
Article 26(Joint penalty provisions) #
If the representative of a juristic person, or the agent, servant or employee of a juristic person or individual commits a violation under Article 25 with regard to the duties of the juristic person or individual, not only shall the violator be punished but the juristic person or individual shall be punished by a fine under the relevant provision; provided, where the juristic person or individual has not been negligent in paying due attention and in exercising proper supervision with regard to relevant duties in order to prevent such violation, this shall not apply.
Article 27(Administrative fines) #
(1) A person who fails to submit documents or data on income, property, level of disability, etc. or submits false data, or refuses, obstructs or evades inspection or inquiry under Article 9 shall be punished by an administrative fine not exceeding 200,000 won. <Amended on Dec. 19, 2017>
(2) Any person who fails to file a report under Article 16 without any justifiable ground shall be punished by an administrative fine not exceeding 100 thousand won.
(3) The administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on May 20, 2014>