Article 11(Investigations and inquiries) #
(1) The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request a basic pension applicant, a person entitled to a basic pension, a basic pension recipient, and the respective spouse and employer thereof (hereafter in this Article referred to as “basic pension-related persons”) to submit necessary documents or other data relating to income, assets, etc. for the purpose of confirming the accrual of, change in, or loss of entitlement to basic pension, and may have public officials under his or her jurisdiction visit the residence of such persons or other necessary places to examine documents, etc. or make inquiries of relevant persons. <Amended on Feb. 3, 2016>
(2) The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of a relevant institution to provide the data or information falling under the following subparagraphs relating to basic pension-related persons for the purpose of confirmation or investigation under paragraph (1) or for the performance of basic pension operations; in such cases, the head of the relevant institution that receives such request shall comply therewith unless there is a compelling reason not to do so: <Amended on Dec. 27, 2016; Mar. 20, 2018; Aug. 27, 2019>
1. Data or information relating to income and assets:
a. Financial information, credit information, and insurance information;
b. Taxation information under Article 81-13 of the Framework Act on National Taxes and Article 86 of the Framework Act on Local Taxes, for which the consent of the party has been obtained;
c. Data or information relating to land, buildings, automobiles, vessels, aircraft, rights to move into housing units, rights to purchase housing units, standing timber, fishing rights, aquaculture rights, and membership rights under subparagraphs 14 through 18 of Article 6 of the Local Tax Act;
d. Data or information relating to the receipt of National Pension, health insurance, employment insurance, industrial accident compensation insurance, veterans’ benefits, Public Officials Pension, public officials’ accident compensation benefits, Military Pension, private school teachers’ pension, and Special Post Office Pension;
2. Data or information relating to personal information:
a. Data or information relating to records of entry into and departure from the Republic of Korea;
b. Data or information relating to admission to or release from correctional facilities under the Act on Execution of Sentences and Treatment of Inmates (hereinafter referred to as "correctional facilities") and medical treatment and custody facilities prescribed in the Medical Treatment and Custody Act (hereinafter referred to as "medical treatment and custody facilities");
c. Data or information on criminal records;
d. Data or information related to burial, cremation, and funeral;
e. Data or information on resident registration and family relation registration;
f. Data or information on reports of persons who have run away or gone missing and on dispositions relating to the management of an absentee’s assets.
(3) A public official who visits, conducts an investigation, or makes inquiries under paragraph (1) shall carry identification indicating his or her authority and documents stating the period of investigation, scope of investigation, investigator in charge, applicable statutes or regulations, and other matters prescribed by Decree of the Ministry of Health and Welfare, and show them to relevant persons. <Amended on Feb. 3, 2016>
(4) If a basic pension applicant, a person entitled to a basic pension, or a basic pension recipient fails to submit documents or data under paragraph (1), submits false documents or data, refuses, interferes with, or evades an investigation or inquiry, or gives a false answer, the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may reject the application for a basic pension, revoke the decision to grant a basic pension, or suspend payment of a basic pension.
(5) If data or information are provided under paragraph (2), any charges, fees, etc. imposed under the relevant statutes or regulations shall be exempted from payment.
(6) Except as provided in this Act, the scope, timing, details, procedures, methods, etc. of investigations and inquiries prescribed in paragraph (1) shall be governed by the Framework Act on Administrative Investigations, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2016>