PUBLIC OFFICIALS' ACCIDENT COMPENSATION ACT

Article 1(Purpose) #

The purpose of this Act is to provide appropriate compensation for any injury, disease, disability, or death of a public official arising from official duties, to support the rehabilitation of, and return to duty of, a public official who has suffered an accident in the course of official duties, and to implement projects for the prevention of accidents, thereby creating conditions in which public officials may devote themselves to their duties and contributing to the enhancement of the welfare of public officials and their survivors.

Article 2(Administration) #

The Minister of Personnel Management shall be in charge of the administration of the public officials' accident compensation system under this Act.

Article 3(Definitions) #

(1) The terms used in this Act are defined as follows: <Amended on Mar. 19, 2024>

1. Public official means any of the following persons who engage in public service:

a. A public official under the State Public Officials Act, the Local Public Officials Act, or other statutes; provided, military personnel and public officials elected to office shall be excluded;

b. Other persons prescribed by Presidential Decree from among employees working in State agencies or local governments;

2. Person who died in the course of performing official duties means a person, other than a person falling under subparagraph 1, whom the Minister of Personnel Management recognizes, after deliberation by the Public Officials' Accident Compensation Deliberative Committee under Article 6, as satisfying all of the following requirements at the time of his or her death (where he or she dies from an injury or disease, referring to the time the injury or disease occurs); provided, military personnel and public officials elected to office shall be excluded:

a. He or she performs affairs of the State or a local government;

b. The State or a local government has, directly or indirectly, the authority to manage and supervise the duties performed by him or her;

c. The State or a local government directly pays remuneration, allowances, etc. to him or her under statutes, regulations, contracts, etc., or indirectly pays them to him or her as prescribed by Presidential Decree;

d. Accident compensation under the Industrial Accident Compensation Insurance Act, other statutes or regulations (hereinafter referred to as the "Industrial Accident Compensation Insurance Act, etc.") shall be applicable to the person;

3. Public official who died in the line of duty means any of the following public officials:

a. A public official who dies in the line of duty while in office;

b. A public official who dies from an injury or disease incurred in the line of duty while in office;

c. A public official who dies after retirement from an injury or disease under item b;

4. Public official who died in the line of duty while performing hazardous duties means a public official who, while performing official duties at grave risk to his or her life or physical safety, suffers a disaster falling under any subparagraph of Article 5 and dies as a direct result thereof.

5. Survivor means any of the following persons who is supported by a public official or a former public official at the time of his or her death:

a. A spouse (limited to a person who was in a marital relationship at the time of his or her service and including a person who was in a de facto marital relationship; hereinafter the same shall apply);

b. A child (excluding a child born or adopted after the date of retirement; provided, a fetus at the time of retirement shall be deemed to be a child born during his or her service; hereinafter the same shall apply);

c. A parent (excluding a parent adopted after the retirement date; hereinafter the same shall apply);

d. A grandchild (excluding a grandchild born or adopted after the retirement date; provided, an embryo or fetus at the time of retirement shall be deemed a grandchild born during his or her service; hereinafter the same shall apply);

e. A grandparent (excluding a grandparent where the adoptive relationship was established after the retirement date; hereinafter the same shall apply);

6. Cure means any of the following cases:

a. A case where an injury or disease has reached a state of complete recovery;

b. A case where no further improvement can be expected from treatment and the symptoms have become fixed;

7. Disability means a state where an injury or disease has been cured but the capacity to work has been lost or diminished due to mental or physical impairment;

8. Retirement means dismissal, resignation, or any other separation from office for reasons other than death; provided, this shall not apply to a person who reacquires the status as a public official on the date his or her status as a public official ceases or on the following day and does not receive retirement benefits or retirement allowances under the Public Officials Pension Act.

(2) A child or grandchild under paragraph (1)5 shall be limited to a person falling under any of the following subparagraphs; in such cases, a grandchild shall be limited to a person who has no father or whose father is in a state of disability prescribed by Presidential Decree: <Amended on Mar. 19, 2024>

1. A person under 25 years of age;

2. A person 25 years of age or older who is in a state of disability prescribed by Presidential Decree.

(3) An embryo or fetus of a person who is or was a public official at the time of his or her death shall be deemed to have been already born for purposes of paying benefits under this Act.

Article 4(Standards for recognition of accidents in the line of duty) #

(1) If a public official sustains an injury or contracts a disease falling under any of the following subparagraphs, or sustains a disability or dies due to such injury or disease, it shall be deemed an accident in the line of duty; provided, if there is no causal relationship between his or her official duties and the accident, it shall not be deemed an accident in the line of duty: <Amended on Nov. 15, 2022>

1. Injury in the line of duty: An injury resulting from any of the following accidents (hereinafter referred to as "accident in the line of duty"):

a. An accident that occurs while he or she is performing official duties or acts incidental thereto;

b. An accident that occurs while he or she is commuting to or from work by a usual route and method;

c. Any other accident that occurs in connection with the performance of his or her official duties;

2. Disease in the line of duty: Any disease falling under any of the following subparagraphs:

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

b. A disease caused by duties imposing a physical or mental burden on him or her in the course of performing his or her official duties;

c. A disease resulting from work-related mental stress caused by workplace harassment (referring to an act by a public official of inflicting physical or mental suffering on another public official or of deteriorating the working environment beyond the appropriate scope of work by taking advantage of superiority in rank, relationship, etc. in the workplace), abusive language by civil petitioners, etc.;

d. A disease resulting from an injury in the line of duty;

e. Other diseases caused in relation to the performance of his or her official duties.

(2) If a public official suffers an injury, disease or disability or dies due to his or her self-inflicted harm, it shall not be deemed an accident in the line of duty; provided, if the act of self-inflicted harm is committed in the state of a marked decline in his or her normal cognitive function, etc. for reasons related to his or her official duties as prescribed by Presidential Decree, it shall be deemed an accident in the line of duty.

(3) If a public official who is receiving medical care due to an accident in the line of duty requires medical care because an additional injury or disease caused by the accident in the line of duty is newly discovered, the additionally discovered injury or disease shall be deemed an accident in the line of duty.

(4) If a complication is caused primarily by an injury or disease in the line of duty in the course of treatment of such injury or disease, such complication shall be deemed a disease in the line of duty; provided, where a complication is naturally caused or aggravated by an underlying disease or constitutional factors, it shall not be deemed a disease in the line of duty.

(5) In making a determination as to whether a disease constitutes a disease in the line of duty, the nature of his or her duties, gender, age, constitutional factors, general state of health, presence of any pre-existing disease, periods of sick leave, leave of absence, retirement, etc. of the public official or former public official shall be taken into consideration.

(6) The detailed standards for recognition of accidents in the line of duty shall be prescribed by Presidential Decree.

Article 4-2(Special cases concerning recognition of accidents in line of duty) #

If a public official who performs official duties in a harmful or dangerous environment contracts a disease as a result of exposure to harmful or dangerous factors for a considerable period in the course of performing such duties, and suffers a disability or dies due to such disease, such case shall be presumed to be an accident in the line of duty. In such cases, the types of diseases shall be prescribed by Presidential Decree, and the specific names of diseases, the occupational categories of public officials, the period of service in a harmful or dangerous environment, and other necessary matters shall be determined by the Minister of Personnel Management.

[This Article Added on Jun. 10, 2022]

Article 5(Accidents satisfying requirements for public officials who died in the line of duty while performing hazardous duties) #

An accident satisfying the requirements for public officials who died in the line of duty while performing hazardous duties refers to any of the following accidents: <Amended on Mar. 23, 2021; Jan. 11, 2022; Feb. 6, 2024; Jan. 31, 2025; Feb. 27, 2026>

1. An accident suffered by a police official in performing the following duties:

a. Apprehending an offender or suspect;

b. Performing guard duties, guarding important persons, and performing counter-espionage and counter-terrorism operations under subparagraph 3 of Article 2 of the Act on the Performance of Duties by Police Officers;

c. Controlling traffic and preventing traffic injuries under subparagraph 5 of Article 2 of the Act on the Performance of Duties by Police Officers;

d. Mobilizing to the scene to handle an emergency report, conducting patrol activities for the prevention of crimes, rescue of human lives, protection of property, etc., and preventing the spread of marine pollution;

2. An accident sustained by a firefighting official in performing the following duties:

a. Extinguishing fires, conducting life-saving and first-aid operations, or providing support therefor at the scene of a disaster or accident (including emergency mobilization and return for the performance of the said duties and activities incidental thereto);

b. Conducting activities for ensuring public safety to eliminate danger;

3. An accident sustained by a public official of the Presidential Security Service while performing activities for security service under the Presidential Security Act;

4. An accident sustained by a staff member of the National Intelligence Service while performing the following duties:

a. Collection of intelligence under Article 4(1)1 of the National Intelligence Service Korea Act;

b. Counter-espionage activities;

c. Performance of duties prescribed by Presidential Decree among measures under Article 4(1)3 of the National Intelligence Service Korea Act;

5. An accident suffered by a corrections officer in performing surveillance work under the Administration and Treatment of Correctional Institution Inmates Act;

6. An accident suffered by a pilot of a forest aircraft and a worker accompanying him or her in preventing and extinguishing forest fires at the scene, conducting preventive observations of forest diseases and pests and taking control measures against such diseases and pests, rescuing people, and performing salvage activities at the scene of a disaster or accident (including emergency mobilization and return for the performance of the said duties and activities incidental thereto);

7. An accident suffered by a fisheries supervising official under Article 69 of the Fisheries Act in boarding a fisheries supervision vessel or patrol boat and supervising or controlling illegal fishing (including emergency mobilization and return for the performance of the said duties and activities incidental thereto);

8. An accident suffered by a judicial police officer under Articles 197 and 245-9 of the Criminal Procedure Act or a judicial police officer under Articles 3 through 5 and Article 6-2 of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties in investigating and controlling a crime or apprehending an offender or suspect;

9. An accident sustained by a public official in performing the following activities:

a. Rescuing people, extinguishing fires, defending against floods, or conducting salvage operations after being placed at the scene of a disaster or accident pursuant to the Framework Act on the Management of Disasters and Safety (including emergency mobilization and return for the performance of the said duties and activities incidental thereto);

b. Treating a patient with an infectious disease or preventing the spread of an infectious disease under the Infectious Disease Control and Prevention Act;

c. Extinguishing forest fires under the Forest Disaster Prevention Act;

d. Protecting citizens of the Republic of Korea or coping with accidents involving them when an act of God, war, combat, riot, kidnap, terrorism, infectious disease, or any other perilous circumstance occurs in a foreign country;

e. Treating chemical substances subject to permission as defined in subparagraph 3 of Article 2 of the Chemical Substances Control Act, restricted substances as defined in subparagraph 4 of that Article, prohibited substances as defined in subparagraph 5 of that Article, substances requiring preparation for accidents as defined in subparagraph 6 of that Article, or hazardous chemical substances as defined in subparagraph 7 of that Article;

10. An accident suffered by a public official due to a retaliatory crime or terrorism, etc. in relation to the performance of official duties under subparagraphs 1 through 9, or an accident suffered by him or her during practice or practical skill training;

11. Other accidents suffered in performing a dangerous duty which is deemed by the Public Officials' Accident Compensation Deliberative Committee under Article 6 equivalent to an accident referred to in subparagraphs 1 through 10.

Article 6(Public Officials' Accident Compensation Deliberative Committee) #

(1) The Public Officials' Accident Compensation Deliberative Committee (hereinafter referred to as the "Deliberative Committee") shall be established under the Ministry of Personnel Management to deliberate on the following: <Amended on Jun. 10, 2022>

1. Matters relating to the public officials' accident compensation system;

2. Matters relating to the recognition of persons who died in the course of performing official duties;

3. Matters relating to the determination of the following benefits:

a. Medical care benefits under Article 22;

b. Disability pension or disability lump-sum benefit under Article 28;

c. Survivors' pension for line-of-duty death under Article 36, and survivors' compensation for line-of-duty death under Article 37;

d. Survivors' pension for line-of-duty death in hazardous duty under Article 38, and survivors' compensation for line-of-duty death in hazardous duty under Article 39;

4. Matters relating to a claim for damages against a third party under the proviso of Article 21(1);

5. Matters relating to additional medical care under Article 23;

6. Matters that are required by other statutes or regulations to undergo deliberation by the Deliberative Committee;

7. Other matters prescribed by Presidential Decree in relation to the operation of the public officials' accident compensation system.

(2) Notwithstanding paragraph (1), if it is obvious that an injury sustained in the line of duty under Article 4(1)1 has occurred due to an accident in the line of duty, the injury shall be excluded from deliberation by the Deliberative Committee. <Added on Jun. 10, 2022>

Article 7(Composition of the Deliberative Committee) #

(1) The Deliberative Committee shall be composed of not more than 100 members, including 1 chairperson.

(2) The chairperson of the Deliberative Committee shall be appointed or commissioned by the Minister of Personnel Management from among the Committee members.

(3) Ex officio members of the Deliberative Committee shall be public officials of at least Grade IV or equivalent thereto who belong to the Ministry of Planning and Budget, the Ministry of the Interior and Safety, the Ministry of Patriots and Veterans Affairs, the Ministry of Employment and Labor, and the Ministry of Personnel Management, appointed by the heads of the relevant agencies from among public officials in charge of affairs relating to accident compensation, pension, welfare, or service, and the Committee members who are not ex officio members shall be appointed or commissioned by the Minister of Personnel Management from among the following persons: <Amended on Mar. 4, 2023; Oct. 1, 2025>

1. Executive officers and employees of the Government Employees Pension Service under the Public Officials Pension Act (hereinafter referred to as the "Service"), who are recommended by the head of the relevant agency;

2. Persons who are or were in office as public officials of Grade IV or higher or as public officials equivalent thereto, from among persons who engage or engaged in affairs relating to personnel administration or social security, such as accident compensation, pensions, welfare, or service;

3. Persons who are or were in office as a judge, prosecutor, or attorney-at-law;

4. Medical personnel defined in Article 2 of the Medical Service Act;

5. Other persons who have much knowledge of and experience in the fields of personnel administration and social security, such as accident compensation, pensions, welfare, or service.

(4) Each member shall hold office for a term of 3 years and may be appointed consecutively for further terms, as prescribed by Presidential Decree; provided, ex officio members and members under paragraph (3)1 shall hold office while remaining in such post.

(5) Meetings of the Deliberative Committee shall be composed of at least 11 and not more than 15 members, including the chairperson and members designated by the chairperson at each meeting.

(6) The Deliberative Committee may take the following measures where necessary for deliberation:

1. Requesting a claimant for benefits or a person designated by the claimant, relevant public officials, and other interested persons, etc. to attend a meeting of the Deliberative Committee and hearing their opinions;

2. Requesting relevant public officials or other persons, institutions, etc. related to benefits to submit materials.

(7) Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of the Deliberative Committee shall be prescribed by Presidential Decree.

Article 8(Benefits) #

Benefits under this Act shall be as follows; provided, the types of benefits for children with health impairment under Article 43-2 shall be limited to medical care benefits under subparagraph 1, rehabilitation benefits under subparagraph 2, disability benefits under subparagraph 3, nursing benefits under subparagraph 4, and death condolence payment under subparagraph 6b (limited to that payable where the person himself or herself dies under Article 43(2)): <Amended on Mar. 19, 2024>

1. Medical care benefits;

2. Rehabilitation benefits:

a. Rehabilitation exercise costs;

b. Psychological counseling costs;

3. Disability benefits:

a. Disability pension;

b. Disability lump-sum benefit;

4. Nursing benefits;

5. Accident benefits for survivors:

a. Survivors' pension based on a disability pension;

b. Survivors' benefits for line-of-duty death:

1) Survivors' pension for line-of-duty death;

2) Survivors' compensation for line-of-duty death;

c. Survivors' benefits for line-of-duty death in hazardous duty:

1) Survivors' pension for line-of-duty death in hazardous duty;

2) Survivors' compensation for line-of-duty death in hazardous duty;

6. Relief benefits:

a. Disaster relief payment;

b. Death condolence payment.

Article 9(Claim for and determination of benefits) #

(1) A person who intends to receive benefits under Article 8 shall file a claim for benefits with the Minister of Personnel Management.

(2) In claiming the following benefits (with respect to medical care benefits under subparagraph 1 for the same injury or disease, limited to cases of claiming such benefits for the first time), such claim shall be filed after obtaining confirmation from the head of the agency to which the relevant public official belongs or belonged (referring to the head of an agency under Article 3(1)6 of the Public Officials Pension Act; hereinafter the same shall apply); provided, with respect to benefits prescribed by Presidential Decree, the Minister of Personnel Management may receive a claim from a person entitled to receive benefits, and then obtain confirmation from the head of the relevant agency in person on behalf of the claimant:

1. Medical care benefits under subparagraph 1 of Article 8;

2. Disability benefits under subparagraph 3 of Article 8;

3. Survivors' benefits for line-of-duty death under subparagraph 5b of Article 8;

4. Survivors' benefits for line-of-duty death in hazardous duty under subparagraph 5c of Article 8.

(3) Upon receipt of a claim for benefits under paragraph (1), the Minister of Personnel Management shall determine and pay benefits after verifying the requirements for benefits. In such cases, he or she shall undergo deliberation by the Deliberative Committee when determining benefits under the subparagraphs of paragraph (2), except for cases falling under Article 6(2). <Amended on Jun. 10, 2022>

(4) Notwithstanding the provisions of paragraphs (1) through (3), a claim for disaster relief payment or death condolence payment for a public official of a local government shall be filed with the head of the relevant local government, and such payment shall be made by the local government according to the determination of the head thereof.

(5) Except as provided in paragraphs (1) through (4), a claim for benefits, the method and procedure for determining and paying benefits, and other necessary matters shall be prescribed by Presidential Decree.

Article 10(Basis for calculating amount of benefits) #

(1) The following benefits shall be calculated based on the standard monthly income under Article 3(1)4 of the Public Officials Pension Act (hereinafter referred to as "standard monthly income") for the month in which the date on which the grounds for benefits arise falls; provided, where a public official dies or is killed in action in the line of duty and is appointed to a higher rank, grade, or position (including a position in the Senior Executive Service) as prescribed by statutes or regulations relating to the appointment of public officials, including the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree, the benefits referred to in subparagraphs 3 through 5 shall be calculated based on the standard monthly income calculated as if the public official had served in such higher rank, grade, or position, as prescribed by Presidential Decree. <Amended on Jan. 7, 2025>

1. Disability benefits under subparagraph 3 of Article 8;

2. Survivors' pension based on a disability pension under subparagraph 5a of Article 8;

3. Survivors' pension for line-of-duty death under subparagraph 5b1) of Article 8;

4. Survivors' pension for line-of-duty death in hazardous duty under subparagraph 5c1) of Article 8;

5. Death condolence payment under subparagraph 6b of Article 8 and Article 43(2).

(2) Notwithstanding paragraph (1), in the case of benefits under subparagraphs 3 through 5 of that paragraph, if the standard monthly income of the relevant public official exceeds 160 percent (hereinafter referred to as "maximum standard amount of compensation") or falls short of 50 percent (hereinafter referred to as "minimum standard amount of compensation") of the average amount of standard monthly income of all public officials under Article 30(3) of the Public Officials Pension Act (hereinafter referred to as "average amount of standard monthly income of all public officials") in the month in which the date on which causes for paying benefits arise falls, the maximum standard amount of compensation or the minimum standard amount of compensation shall each be deemed the standard monthly income of the relevant public official.

(3) The following benefits shall be calculated based on the average amount of standard monthly income of all public officials:

1. Survivors' compensation for line-of-duty death under subparagraph 5b2) of Article 8;

2. Survivors' compensation for line-of-duty death in hazardous duty under subparagraph 5c2) of Article 8;

3. Disaster relief payment under subparagraph 6a of Article 8;

4. Death condolence payment under subparagraph 6b of Article 8 and Article 43(1).

Article 11(Order of priority of survivors) #

(1) The order of priority of survivors who are to receive benefits shall be based on the order of priority of succession under the Civil Act.

(2) When at least two survivors are in the same order of priority among survivors, benefits shall be divided equally and paid to each of them, and the method of payment shall be prescribed by Presidential Decree.

Article 12(Special cases concerning recipients of benefits) #

(1) Where a present or former public official dies, in which case no survivor to receive benefits exists, the amount of money not exceeding the limit prescribed by Presidential Decree shall be paid to his or her lineal ascendant or descendant who is not his or her survivor, and where no lineal ascendant or descendant exists, the money may be used for the present or former public official.

(2) Where there exist at least two lineal ascendants or descendants who are not survivors under paragraph (1), Article 11 shall apply mutatis mutandis to the payment of the relevant benefits.

Article 13(Period and timing for payment of pension) #

(1) Benefits in the form of a pension shall be paid for the period beginning with the month following the month in which the grounds for such benefits (including grounds for amendments to the grades of disability pensions under Article 30) arise and ending with the month in which such grounds no longer apply.

(2) If grounds for suspension of benefits in the form of a pension arise, the payment of such benefits shall be suspended for the period beginning with the month following the month in which such grounds arise and ending with the month in which such grounds no longer apply; provided, payment shall not be suspended if the date on which such grounds arise and the date on which such grounds no longer apply fall within the same month.

(3) Benefits in the form of a pension shall be paid monthly as prescribed by Presidential Decree.

Article 14(Adjustment of amount of pension) #

(1) Benefits in the form of a pension shall be increased or decreased each year by an amount equivalent to the rate of change in the nationwide consumer price index for the preceding year compared with that of the year before the preceding year, as publicly notified each year by the Minister of Data and Statistics under Article 3 of the Statistics Act. <Amended on Oct. 1, 2025>

(2) The amount adjusted pursuant to paragraph (1) shall apply to the period from January through December of the relevant year.

Article 15(Special cases concerning payment of pension) #

(1) If a person entitled to benefits in the form of a pension emigrates abroad, he or she may, if he or she so chooses, receive a lump-sum payment in lieu of such benefits beginning with the month following the month in which he or she departs from the Republic of Korea. In such cases, the lump-sum payment shall be an amount equivalent to 4 years' worth of pension benefits, based on the month following the month in which he or she departs from the Republic of Korea.

(2) If a person entitled to benefits in the form of a pension loses his or her Korean nationality, he or she may, if he or she so chooses, receive a lump-sum payment in lieu of such benefits beginning with the month following the month in which he or she loses his or her Korean nationality. In such cases, the lump-sum payment shall be an amount equivalent to 4 years' worth of pension, based on the month following the month in which he or she loses his or her Korean nationality.

Article 16(Recovery of benefits) #

(1) Where a person who has received benefits falls under any of the following, the Minister of Personnel Management or the head of a local government shall recover such benefits (where there exists a difference between the amount of benefits paid and the amount of benefits payable, referring to the difference; hereafter the same shall apply in this Article). In such cases, if falling under subparagraph 1, the amount of benefits shall be collected together with interest and recovery expenses prescribed by Presidential Decree, and in the case of subparagraph 2 or 3, where a person liable to pay an amount to be recovered fails to do so within any prescribed period, interest prescribed by Presidential Decree shall be added thereto:

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

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

3. Where benefits have been paid by mistake.

(2) If, when the Minister of Personnel Management or the head of a local government recovers benefits under paragraph 1, a person liable to pay the amount to be recovered fails to do so within the deadline, he or she may collect such amount through compulsory collection under the National Tax Collection Act or in the same manner as delinquent taxes are collected under the Local Tax Collection Act. <Amended on Feb. 27, 2026>

(3) When the Minister of Personnel Management or the head of a local government recovers benefits under paragraph 1, he or she may write off the amount to be recovered if any of the following grounds exist; provided, in the case of subparagraphs 1 and 3, if any property subject to seizure is discovered after the write-off, he or she shall revoke the write-off without delay and collect the amount through compulsory collection or in the same manner as delinquent local taxes are collected: <Amended on Feb. 27, 2026>

1. Where compulsory collection or disposition for arrears has been completed and the amount distributed and appropriated to the amount in arrears is less than the amount in arrears;

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

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

Article 17(Payment after deducting unpaid amounts) #

(1) If a current or former public official has any debt falling under the following subparagraphs, benefits may be paid after deducting such debt from disability benefits, survivors' pension based on a disability pension, survivors' benefits for line-of-duty death, or survivors' benefits for line-of-duty death in hazardous duty; provided, with respect to benefits in the form of a pension, deduction shall not exceed 1/2 of the monthly pension amount:

1. The principal and interest on the amount to be recovered under Article 16;

2. Difference related to the settlement of the amount of a disability pension whose payment is suspended under Article 32.

(2) If a current or former public official has any debt falling under any of the following subparagraphs in relation to a retirement survivors' pension under Article 54(1) of the Public Officials Pension Act (hereinafter referred to as the "retirement survivors' pension"), a lump-sum retirement survivors' pension under paragraph 4 of that Article (hereinafter referred to as the "lump-sum retirement survivors' pension"), or a lump-sum retirement survivors' benefit under Article 58 of that Act (hereinafter referred to as the "lump-sum retirement survivors' benefit"), benefits may be paid after deducting such debts from survivors' benefits for line-of-duty death or survivors' benefits for line-of-duty death in hazardous duty; provided, with respect to benefits paid in the form of a pension, the deduction shall not exceed 1/2 of the monthly pension amount:

1. The amount of retirement benefits required to be returned and interest thereon under Article 26(2) and (3) of the Public Officials Pension Act;

2. The principal and interest on the amount of money to be recovered under Article 37 of the Public Officials Pension Act;

3. Difference related to the settlement of the amount of money whose payment is suspended under Article 50(3) of the Public Officials Pension Act;

4. Unpaid member contributions where member contributions under Article 67(1) and (3) of the Public Officials Pension Act and Article 7(2) and (3) of the Addenda to the Act (Act No. 3586) have not been paid;

5. The principal and interest which have not been repaid where student loans under Article 75 of the Public Officials Pension Act have not been paid;

6. Principal and interest which have not been repaid in cases of failing to repay a loan under Article 77(2)5 of the Public Officials Pension Act.

Article 18(Protection of rights) #

(1) No entitlement to benefits shall be transferred, attached, or provided as collateral; provided, the entitlement to benefits in the form of a pension may be provided as collateral to financial institutions prescribed by Presidential Decree and may be subject to compulsory collection or collected in the same manner as delinquent taxes are collected. <Amended on Feb. 27, 2026>

(2) Benefits paid to a person entitled to benefits not exceeding the amount under subparagraph 3 of Article 195 of the Civil Execution Act shall not be attached.

Article 19(Adjustment among benefits) #

(1) A person for whom the payment of a survivors' pension for line-of-duty death in hazardous duty has been determined shall not be paid a survivors' pension for line-of-duty death, and a person for whom the payment of survivors' compensation for line-of-duty death in hazardous duty has been determined shall not be paid survivors' compensation for line-of-duty death. If a survivors' pension for line-of-duty death or survivors' compensation for line-of-duty death has already been paid, a survivors' pension for line-of-duty death in hazardous duty or survivors' compensation for line-of-duty death in hazardous duty shall be paid after deducting the amount already paid.

(2) If a person entitled to a survivors' pension based on a disability pension also becomes entitled to a survivors' pension for line-of-duty death or a survivors' pension for line-of-duty death in hazardous duty, he or she may choose to receive one of them. In such cases, if a survivors' pension based on a disability pension has already been paid to a person who chooses a survivors' pension for line-of-duty death or a survivors' pension for line-of-duty death in hazardous duty, the relevant survivors' benefits for line-of-duty death or survivors' benefits for line-of-duty death in hazardous duty shall be paid after deducting the amount already paid.

Article 20(Adjustment to benefits under other statutes and regulations) #

(1) If a recipient of a survivors' pension for line-of-duty death becomes entitled to any of the following benefits, he or she may elect to receive either the survivors' pension or the relevant benefit:

1. Retirement survivors' pension;

2. Lump-sum retirement survivors' pension;

3. Lump-sum retirement survivors' benefit

(2) If a recipient of a survivors' pension for line-of-duty death in hazardous duty becomes entitled to benefits under any subparagraph of paragraph (1), he or she may elect to receive either the survivors' pension for line-of-duty death in hazardous duty or the relevant benefit.

(3) Where a survivors' pension, lump sum survivors' pension, or lump sum payment to survivors has already been paid to a recipient of a survivors' pension for a public official who died in the line of duty, benefits of the survivors' pension for a public official who died in the line of duty shall be paid after deducting the amount already paid.

(4) If a retirement survivors' pension, lump-sum retirement survivors' pension, or lump-sum retirement survivors' benefit has already been paid to a person entitled to a survivors' pension for line-of-duty death in hazardous duty, the survivors' benefits for line-of-duty death in hazardous duty shall be paid after deducting the amount already paid.

(5) If a person receives benefits of the same kind as the benefits under this Act at the expense of the State or a local government under other statutes or regulations, the benefits under this Act shall be paid after deducting an amount equivalent to such benefits; provided, such deduction shall not apply if compensation under the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and the Act on Support for Persons Eligible for Veteran's Compensation is also paid to a person entitled to survivors' benefits for line-of-duty death or survivors' benefits for line-of-duty death in hazardous duty (including a person who selects a survivors' pension based on a disability pension, retirement survivors' pension, lump-sum retirement survivors' pension, or lump-sum retirement survivors' benefit).

(6) If a person entitled to a retirement pension, early retirement pension, or military retirement pension under the Public Officials Pension Act, the Military Pension Act, the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act concurrently receives a survivors' pension for line-of-duty death or a survivors' pension based on a disability pension under this Act, the relevant survivors' pension shall be paid after deducting 1/2 of that amount.

(7) If the entitlement to disability benefits under Article 28 and the entitlement to a non-duty-related disability benefits under Article 59 of the Public Officials Pension Act arise simultaneously, the person entitled thereto may elect to receive either of such benefits.

Article 21(Right to claim damages against third party) #

(1) If any ground for paying benefits under this Act arises due to an act of a third party, the Minister of Personnel Management or the head of a local government shall acquire the right to claim damages that a person entitled to benefits has against the third party, not exceeding the amount of benefits already paid for such ground (if a person receives a disability pension, referring to the amount calculated by deeming that he or she has received a disability lump-sum benefit); provided, if the third party falls under any of the following, the Minister of Personnel Management or the head of a local government need not exercise all or part of such right to claim damages after deliberation by the Deliberative Committee:

1. The spouse of the relevant public official or a person who was a public official;

2. A lineal ascendant or descendant of the relevant public official or a person who was a public official;

3. A public official performing his or her official duties.

(2) In the case of paragraph (1), if a person entitled to benefits has already received compensation for damages from the third party on the same ground, no benefits shall be paid to the extent of the amount of such compensation.

Article 22(Medical care benefits) #

(1) Where a public official obtains the following medical care due to an injury or disease in the line of duty (including cases of obtaining medical care due to a request for additional medical care under Article 23(2)), medical care benefits shall be paid after deliberation by the Deliberative Committee:

1. Diagnosis;

2. Provision of medicines, remedial materials, and prostheses;

3. First-aid, operation or other medical treatment;

4. Convalescence at a hospital or sanatorium;

5. Nursing;

6. Transfer;

7. Rehabilitation treatment.

(2) Medical care benefits under paragraph (1) shall be an amount necessary for such medical care for the same injury or disease for an actual period of medical care not exceeding 3 years; provided, if medical opinion indicates that continuous treatment is necessary even after the actual period of medical care exceeds 3 years, the period of medical care may be extended in increments not exceeding 1 year, as prescribed by Presidential Decree.

Article 23(Additional medical care) #

(1) If a person who has received medical care benefits is cured, but the injury or disease that was the subject of the medical care recurs or becomes worse than his or her condition at the time of the cure, and medical opinion indicates that active treatment is necessary to cure the recurring or worsened injury or disease, he or she may request additional medical care.

(2) A person who has requested additional medical care pursuant to paragraph (1) may re-obtain medical care under the subparagraphs of Article 22(1) after deliberation by the Deliberative Committee.

(3) Except as provided in paragraphs (1) and (2), necessary matters such as the requirements and procedures for additional medical care shall be prescribed by Presidential Decree.

Article 24(Medical care institutions) #

Medical care under Article 22 shall be obtained at a medical care institution under Article 42(1) of the National Health Insurance Act (hereinafter referred to as "medical care institution").

Article 25(Calculation of medical care benefits) #

Medical care benefits shall be the amount calculated according to the following:

1. Costs of medical care benefits calculated pursuant to Article 45 of the National Health Insurance Act;

2. Costs of medical care benefits calculated pursuant to Article 40 of the Industrial Accident Compensation Insurance Act, which exceed the costs of medical care benefits calculated pursuant to Article 45 of the National Health Insurance Act or are incurred for medical care other than the medical care under the same Article;

3. Costs of medical care benefits prescribed by Presidential Decree, which exceed the costs of medical care benefits calculated pursuant to subparagraphs 1 and 2 or are incurred for medical care in excess of the relevant scope.

Article 26(Rehabilitation exercise costs) #

(1) Rehabilitation exercise costs shall be paid where rehabilitation exercise is done by any of the following public officials, in whose case there is a medical opinion that he or she is expected to live with a disability prescribed by Presidential Decree:

1. A public official who is receiving medical care related to the performance of official duties;

2. A public official who completed medical care related to the performance of official duties, for whom three months have not passed since the completion of such medical care.

(2) Rehabilitation exercise costs under paragraph (1) shall be the costs actually incurred within the limits of the amount publicly notified by the Minister of Personnel Management.

(3) Matters necessary for the requirements, procedures, etc. for paying rehabilitation exercise costs under paragraph (1) shall be prescribed by Presidential Decree.

Article 27(Psychological counseling costs) #

(1) Psychological counseling costs shall be paid where a public official who is receiving medical care related to the performance of official duties undergoes psychological counseling to receive psychological treatment due to an accident in the line of duty.

(2) Psychological counseling costs under paragraph (1) shall be the costs actually incurred within the limits of the amount publicly notified by the Minister of Personnel Management.

(3) Matters necessary for the requirements, procedures, etc. for paying psychological counseling costs under paragraph (1) shall be prescribed by Presidential Decree.

Article 28(Disability pension or disability lump-sum benefit) #

Where a public official falls under any of the following, he or she shall be paid a disability pension or a lump sum payment for disability based on his or her disability rating determined according to the degree of disability prescribed by Presidential Decree after deliberation by the Deliberative Committee:

1. Where a public official retires from office because he or she becomes disabled due to an injury or disease in the line of duty;

2. Where a public official becomes disabled after his or her retirement from office due to an injury or disease incurred in the line of duty before the retirement.

Article 29(Amount of disability pension or lump sum payment for disability) #

(1) The amount of a disability pension shall be the amount calculated by multiplying the amount of standard monthly income by a percentage based on the following ratings:

1. Grade 1: 52 percent;

2. Grade 2: 48.75 percent;

3. Grade 3: 45.5 percent;

4. Grade 4: 42.25 percent;

5. Grade 5: 39 percent;

6. Grade 6: 35.75 percent;

7. Grade 7: 32.5 percent.

8. Grade 8: 29.25 percent;

9. Grade 9: 26 percent;

10. Grade 10: 22.75 percent;

11. Grade 11: 19.5 percent;

12. Grade 12: 16.25 percent;

13. Grade 13: 13 percent;

14. Grade 14: 9.75 percent;

(2) If a public official intends to receive a disability lump-sum benefit in lieu of a disability pension, he or she shall be paid an amount equivalent to 5 years of the disability pension.

Article 30(Amendments to ratings of disability pensions) #

(1) If the degree of disability of a person entitled to a disability pension worsens or improves, the grade of the disability pension shall be redetermined according to the changed degree of disability, as prescribed by Presidential Decree, at the request of the person or when the Minister of Personnel Management recognizes such change.

(2) If a person entitled to a disability pension no longer falls under the degree of disability prescribed by Presidential Decree, the entitlement shall be extinguished.

Article 31(Handling cases of two or more disabilities) #

If a current or former public official has 2 or more disabilities simultaneously, such disabilities shall be combined, as prescribed by Presidential Decree.

Article 32(Suspension of payment of disability pension) #

(1) Article 50 of the Public Officials Pension Act shall apply mutatis mutandis to the suspension of payment of a disability pension.

(2) Where a person in whose case the payment of a disability pension is suspended pursuant to paragraph (1) retires from office again, the amount of the disability pension shall be redetermined based on the amount of standard monthly income at the time he or she retires from office again only where he or she is in a state of disability prescribed by Presidential Decree at the time he or she retires from office again.

(3) If the amount of a disability pension is redetermined under paragraph (2), the amount shall be the larger of the amount before the suspension of the disability pension under paragraph (1) and the amount redetermined under paragraph (2); provided, if the grade of the disability pension has been amended under Article 30, the amount shall be calculated by applying the amended grade.

(4) Where a recipient of a disability pension receives medical care benefits, the payment of the disability pension shall be suspended for the period from the month following the month in which the date on which medical care begins falls to the month in which the date on which medical care ends falls.

Article 33(Disability benefits for missing persons) #

(1) If a person entitled to disability benefits has been missing for at least 1 year, such disability benefits may be paid to his or her heir upon a claim by the person who will become his or her heir (who shall fall within the scope of survivors; hereafter in this Article the same shall apply).

(2) If an heir claims a disability pension of a missing person under paragraph (1), the relevant disability pension accrued from the time the missing person becomes entitled to a disability pension under this Act shall be paid; and if the whereabouts of the missing person remain unknown even after 3 years have elapsed from the time when he or she becomes entitled to a disability pension, 60 percent of the relevant disability pension shall be paid from the following month.

(3) If the death of a missing person is verified after benefits have been paid under paragraph (2), a survivors' pension based on a disability pension shall be paid to his or her heir from the month following the month in which the death is verified; provided, if the missing person died within 3 years from the date benefits under paragraph (1) were paid, the heir shall return to the Minister of Personnel Management the amount obtained by adding interest prescribed by Presidential Decree to the difference between the survivors' pension based on a disability pension to which the heir is entitled from the month following the month of death to the month in which the 3-year period expires and the benefits actually received.

(4) If it is verified that a missing person is alive, a disability pension shall be paid to the person from the month following the month in which the survival is verified. In such cases, if 60 percent of the disability pension has been paid to the heir under paragraph (2), the amount obtained by adding interest prescribed by Presidential Decree to the difference between the benefits paid during the relevant period and the benefits payable shall be paid to the person who had been missing.

(5) If 2 or more heirs under paragraph (1) exist, Article 11 shall apply mutatis mutandis to the order of priority of such heirs and the payment of disability benefits, and Article 40 shall apply mutatis mutandis to the loss and transfer of entitlement of an heir who receives benefits under paragraph (2).

Article 34(Nursing benefits) #

(1) Nursing benefits shall be paid to a person who actually receives nursing care because he or she is in need of medically constant or frequent nursing care after his or her cure, from among persons who have completed medical care related to the performance of official duties.

(2) The requirements, procedures, etc. for paying nursing benefits under paragraph (1) shall be prescribed by Presidential Decree.

Article 35(Survivors' pension based on a disability pension) #

(1) If a person entitled to a disability pension dies, a survivors' pension based on a disability pension shall be paid to the survivors of the person who was a public official.

(2) A survivors' pension based on a disability pension shall be 60 percent of the amount of the disability pension to which the person who was a public official was entitled.

Article 36(Survivors' pension for line-of-duty death) #

(1) A survivors' pension for a public official who died in the line of duty shall be paid to a survivor of such public official after deliberation by the Deliberative Committee.

(2) A survivors' pension for line-of-duty death shall be the sum of the following amounts:

1. The amount equivalent to 38 percent of the amount of standard monthly income at the time of the death of the relevant public official (where the public official died after retirement, referring to the time of retirement; hereafter the same shall apply in this Section);

2. The amount equivalent to 5 percent of the amount of standard monthly income at the time of the death of the relevant public official per one survivor of the public official; provided, the sum of the relevant amounts shall not exceed 20 percent of the amount of standard monthly income at the time of the death of the relevant public official.

Article 37(Survivors' compensation for public officials who died in line of duty) #

(1) Survivors' compensation for a public official who died in the line of duty shall be paid to a survivor of such public official after deliberation by the Deliberative Committee.

(2) Survivors' compensation for a public official who died in the line of duty shall be 24 times the average amount of standard monthly income of all public officials.

Article 38(Survivors' pension for public officials who died in line of dangerous duty) #

(1) A survivors' pension for line-of-duty death in hazardous duty shall be paid to a survivor of a public official who died in the line of duty while performing hazardous duties after deliberation by the Deliberative Committee.

(2) A survivors' pension for a public official who died in the line of duty while under danger shall be the amount to which the following amounts are added:

1. The amount equivalent to 43 percent of the amount of standard monthly income at the time of the death of the relevant public official;

2. The amount equivalent to 5 percent of the amount of standard monthly income at the time of the death of the relevant public official per one survivor of the public official; provided, the sum of the relevant amounts shall not exceed 20 percent of the amount of standard monthly income at the time of the death of the relevant public official.

Article 39(Survivors' compensation for public officials who died in line of dangerous duty) #

(1) Survivors' compensation for line-of-duty death in hazardous duty shall be paid to a survivor of a public official who died in the line of duty while performing hazardous duties after deliberation by the Deliberative Committee.

(2) Survivors' compensation for a public official who died in the line of duty while under danger shall be 45 times the average amount of standard monthly income of all public officials.

(3) Notwithstanding paragraph (2), survivors' compensation for line-of- duty death in hazardous duty paid to a survivor of such public official who died during counter-espionage operations, engagement with the enemy, or acts of the enemy, or as a direct result of acts to prevent armed riots, rebellion, or other disturbances of public order shall be 60 times the average standard monthly income of all public officials. <Amended on Feb. 27, 2026>

Article 40(Loss and transfer of entitlement to survivors' pension based on a disability pension) #

(1) If a person entitled to a survivors' pension based on a disability pension, survivors' pension for line-of-duty death, or survivors' pension for line-of-duty death in hazardous duty falls under any of the following, he or she shall lose such entitlement: <Amended on Mar. 19, 2024>

1. Where he or she is deceased;

2. Where he or she remarries (including where he or she is in a de facto conjugal relationship);

3. Where kinship with a deceased person who was a public official is terminated;

4. Where a child or grandchild who is not in a state of disability prescribed by Presidential Decree reaches the age of 25;

5. Where the state of disability of a person who has been receiving a survivors' pension based on a disability pension, survivors' pension for line-of-duty death, or survivors' pension for line-of-duty death in hazardous duty due to a disability prescribed by Presidential Decree ceases to exist.

(2) If a person entitled to a survivors' pension based on a disability pension, survivors' pension for line-of-duty death, or survivors' pension for line-of-duty death in hazardous duty loses such entitlement, the entitlement shall be transferred to a person of the same order of priority, if any, and if no such person exists, to a person next in the order of priority.

Article 41(Survivors' pension based on a disability pension payable where the recipient is missing) #

If a person entitled to a survivors' pension based on a disability pension, survivors' pension for line-of-duty death, or survivors' pension for line-of-duty death in hazardous duty has been missing for at least 1 year, the relevant pension for the period during which he or she has been missing may, upon request of a person of the same order of priority, be paid to such person, and if no person of the same order of priority exists, the relevant pension for the period during which he or she has been missing may be paid to a person next in the order of priority upon request of such person.

Article 42(Disaster relief payment) #

(1) If a public official suffers damage to his or her property due to a flood, fire, or other disaster, a disaster relief payment shall be made up to 4 times the average standard monthly income of all public officials.

(2) The scope of damage caused by a disaster under paragraph (1), the amount of relief payment according to the degree of such damage, etc. shall be prescribed by Presidential Decree.

Article 43(Death condolence payment) #

(1) If the spouse, a parent (including a parent of the spouse), or a child of a public official dies, a death condolence payment shall be made to the public official. In such cases, if at least 2 public officials are eligible for such payment, it shall be paid to 1 public official prescribed by Presidential Decree; provided, if there exists another public official who supported the deceased, it shall be made to that public official.

(2) If a public official dies, death condolence payment shall be made to his or her spouse; provided, if no spouse exists, it shall be made, as prescribed by Presidential Decree, to a person who conducts the funeral and performs memorial rites.

(3) Death condolence payment under paragraph (1) shall be 65 percent of the average standard monthly income of all public officials, and death condolence payment under paragraph (2) shall be twice the standard monthly income of the relevant public official.

Article 43-2(Criteria for recognition of accidents in the line of duty for children with impaired health) #

If a pregnant public official, in the course of performing her official duties, suffers an injury in the line of duty under Article 4(1)1 or handles or is exposed to harmful factors prescribed by Presidential Decree, and as a result the child she gives birth to suffers an injury, illness, or disability, or dies, such case shall be deemed an accident in the line of duty. In such cases, notwithstanding Article 3(1)1, the child so born (hereinafter referred to as "child with health impairment") shall, for purposes of applying this Act, be deemed a public official of the agency to which the pregnant public official belonged at the time the cause of the relevant accident in the line of duty occurred.

[This Article Added on Mar. 19, 2024]

Article 43-3(Payment of disability benefits to child with health impairment) #

Notwithstanding Article 28, if a child with health impairment reaches the age of 18, a disability pension or disability lump-sum benefit shall be paid after deliberation by the Deliberative Committee based on the disability grade corresponding to the degree of disability prescribed by Presidential Decree.

[This Article Added on Mar. 19, 2024]

Article 43-4(Criteria for calculation of disability benefits and death condolence payment for child with health impairment) #

(1) Notwithstanding Articles 10(1) and 29, Articles 57 and 91-14 of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the calculation of the amount of disability benefits among the benefits payable to children with impaired health.

(2) Notwithstanding Articles 10(1) and 43(3), the death condolence payment among the benefits payable to a child with health impairment shall be twice the average standard monthly income of all public officials under Article 10(2).

[This Article Added on Mar. 19, 2024]

Article 44(Restrictions on benefits by intention or gross negligence) #

(1) If a person entitled to benefits under this Act intentionally causes an injury, disease, disability, death, or disaster (except as provided in the proviso of Article 4(2)), the relevant benefits shall not be paid to him or her.

(2) If a person eligible for accident survivors' benefits intentionally causes the death of a public official or a former public official, or a person receiving accident survivors' benefits, no accident survivors' benefits shall be paid to him or her. The same shall apply if a person eligible for accident survivors' benefits due to the death of a public official or a former public official intentionally causes the death of a person of the same or higher order of priority before the death of the public official or former public official.

(3) If a person eligible for benefits under this Act falls under any of the following, payment of all or part of the relevant benefits need not be paid as prescribed by Presidential Decree; provided, in cases falling under subparagraph 2, medical care benefits, rehabilitation benefits, and nursing benefits shall be paid in full: <Amended on Mar. 19, 2024>

1. Where he or she intentionally aggravates the degree of an injury, disease or disability, or interferes with recovery therefrom;

2. Where he or she causes an injury, disease, or disability, aggravates the degree of such injury, disease or disability, interferes with recovery therefrom, or dies by gross negligence or by failing to follow instructions concerning medical care without good cause; in such cases, the scope of negligence shall be prescribed by Decree of the Prime Minister.

(4) If a person, among those entitled to accident survivors' benefits, has failed to fulfill his or her responsibility to raise a public official or a former public official, payment of all or part of the relevant benefits need not be paid, after deliberation by the Deliberative Committee and in consideration of the period, degree, etc. of such failure, as prescribed by Presidential Decree. <Added on Dec. 22, 2020>

Article 45(Restrictions on benefits where diagnosis is refused) #

If a public official or a person who was a public official fails to undergo a diagnosis without good cause where such diagnosis is required for the payment of benefits under this Act, the Minister of Personnel Management may withhold part of the relevant benefits as prescribed by Presidential Decree.

Article 46(Prevention of accidents) #

(1) The State and local governments shall formulate and implement the following policy measures for the prevention of accidents in the line of duty (hereinafter referred to as "prevention of accidents") in order to create conditions that enable their public officials to perform their duties with confidence and faithfully fulfill their role as servants of the entire people: <Amended on Feb. 27, 2026>

1. Education and publicity for the prevention of accidents;

2. Preparation of management standards for the prevention of accidents;

3. Improvement of working environments for the prevention of accidents;

4. Other matters necessary for the prevention of accidents.

(2) The Minister of Personnel Management shall implement the following projects to support policy measures related to the prevention of accidents in a comprehensive and systematic manner:

1. Development and dissemination of education and training programs for the prevention of accidents;

2. Fact-finding surveys concerning accidents in the line of duty, and research on the prevention of accidents;

3. Safety inspections of facilities and equipment and consultation for the prevention of accidents;

4. Health diagnosis and consulting for the prevention of accidents;

5. Publicity related to the prevention of accidents, and domestic and foreign exchanges and cooperation;

6. Other matters prescribed by Presidential Decree for the prevention of accidents.

(3) The Minister of Personnel Management may determine the standards, methods, etc. necessary for the formulation and implementation of the policy measures under the subparagraphs of paragraph (1) by the State and local governments. <Added on Feb. 27, 2026>

(4) Public officials shall comply with the health and safety management regulations under Article 46-2(5) for the prevention of accidents and shall follow measures for the prevention of accidents under this Act. <Added on Feb. 27, 2026>

Article 46-2(Health and safety management system) #

(1) The head of a State agency (the Secretary General of the National Assembly for the National Assembly; the Minister of the National Court Administration for the courts; the Secretary General of the Constitutional Court of Korea for the Constitutional Court of Korea; the Secretary General of the National Election Commission for the National Election Commission; the head of each central administrative agency for the Government; and other heads of State agencies prescribed by Presidential Decree; hereinafter the same shall apply), the head of a local government, and the Superintendent of Education shall designate, from among affiliated public officials, a Chief Health and Safety Officer to oversee accident prevention affairs of the relevant agency (including subordinate agencies performing affairs under its jurisdiction; hereinafter the same shall apply).

(2) The head of a State agency, the head of a local government, and the Superintendent of Education (hereinafter referred to as the "head of a State agency, etc.") may designate, from among affiliated public officials, a Health and Safety Officer to assist the Chief Health and Safety Officer in charge of accident prevention affairs of the relevant agency.

(3) The head of a State agency, etc. may, as prescribed by Presidential Decree, assign to the relevant agency persons classified under each of the following subparagraphs (hereinafter referred to as "Health Management Physician, etc."):

1. Health Management Physician: A person who performs duties relating to the health management of public officials and supervises Health Guidance Officers;

2. Health Guidance Officer: A person who assists the Chief Health and Safety Officer and advises the Health and Safety Officer on technical matters relating to health;

3. Safety Guidance Officer: A person who assists the Chief Health and Safety Officer and advises the Health and Safety Officer on technical matters relating to safety.

(4) The head of a State agency, etc. may, as prescribed by Presidential Decree, entrust the duties of Health Management Physician, etc. to an institution, corporation, organization, or individual capable of professionally performing such duties.

(5) The head of a State agency, etc. shall establish health and safety management regulations that include the matters set forth in the following subparagraphs:

1. Matters relating to the organization for health and safety management within the agency, its duties, and the securing of a budget therefor;

2. Methods of health and safety management within the agency, including the identification and mitigation of risk factors and measures for the prevention of recurrence;

3. Procedures for hearing the opinions of public officials belonging to the agency on matters relating to health and safety;

4. Matters relating to education for the prevention of accidents;

5. Other matters necessary for the prevention of accidents as prescribed by Presidential Decree.

(6) Matters necessary for the duties, qualifications, and designation of the Chief Health and Safety Officer and the Health and Safety Officer, and for the preparation of health and safety management regulations shall be prescribed by Presidential Decree.

[This Article Added on Feb. 27, 2026]

Article 46-3(Health and Safety Consultative Committee) #

(1) The Minister of Personnel Management may establish and operate a Health and Safety Consultative Committee, if necessary, for the efficient implementation of health and safety-related policies, the exchange of information, consultation among relevant agencies, etc.

(2) The members of the Health and Safety Consultative Committee shall be Chief Health and Safety Officers of institutions prescribed by Presidential Decree.

(3) The Chairperson of the Health and Safety Consultative Committee shall be the Vice Minister of Personnel Management.

(4) Matters necessary for the composition and operation of the Health and Safety Consultative Committee shall be prescribed by Presidential Decree.

[This Article Added on Feb. 27, 2026]

Article 46-4(Formulation of master plan) #

(1) The Minister of Personnel Management shall formulate, every 5 years, a master plan on the health and safety of public officials that includes the following matters (hereinafter referred to as the "master plan"):

1. Basic goals and policy directions for the health and safety of public officials;

2. Matters relating to the development and dissemination of education programs for the prevention of accidents involving public officials;

3. Matters relating to research and fact-finding surveys on the health and safety of public officials;

4. Matters relating to public relations for the prevention of accidents in the line of duty;

5. Matters relating to support for policy measures related to the health and safety of public officials;

6. Other matters necessary for promoting the health and safety of public officials.

(2) The Minister of Personnel Management shall formulate and implement, each year, an annual plan on the health and safety of public officials in accordance with the master plan (hereinafter referred to as the "annual plan"), and shall notify the head of a State agency, etc. thereof.

(3) The head of a State agency, etc. shall formulate and implement, each year, an implementation plan on the health and safety of public officials in accordance with the master plan and the annual plan (hereinafter referred to as the "implementation plan").

(4) The head of a State agency, etc. shall submit to the Minister of Personnel Management the implement results under the implementation plan for the previous year and the implementation plan for the following year each year.

(5) The Minister of Personnel Management may evaluate the implementation results and implementation plans submitted under paragraph (4) and publish the results thereof, and may recommend improvements to institutions that the Minister determines to have insufficient protective measures for the health and safety of their public officials.

(6) The Minister of Personnel Management may conduct a fact-finding survey on the prevention of accidents by the State and local governments in order to formulate the master plan and the annual plan.

(7) Other matters necessary for the formulation and implementation of the master plan, the annual plan, and the implementation plan, the evaluation and publication of the results of implementation and implementation plans, measures to recommend improvements, and the conduct of fact-finding surveys shall be prescribed by Presidential Decree.

[This Article Added on Feb. 27, 2026]

Article 46-5(Statistics on line-of-duty accidents) #

(1) The head of a State agency, etc. shall compile and manage statistics on the status of line-of-duty accidents for the prevention of accidents and the rehabilitation of public officials belonging to the relevant agency.

(2) The Minister of Personnel Management shall comprehensively compile and manage statistics on the status of line-of-duty accidents for the prevention of accidents and the rehabilitation of public officials and may publicly notify such statistics.

(3) The Minister of Personnel Management may request the head of a State agency, etc. to provide necessary data for compiling and managing the statistics under paragraph (2), and the head of a State agency, etc. who receives such request shall comply therewith unless there is a compelling reason not to do so.

(4) Matters necessary for compiling and managing the statistics under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

[This Article Added on Feb. 27, 2026]

Article 46-6(Health examinations) #

(1) The head of a State agency, etc. shall provide support so that public officials belonging to the relevant agency may undergo health examinations under Article 52 of the National Health Insurance Act and shall manage whether public officials undergo such examinations.

(2) The head of a State agency, etc. shall provide support so that public officials belonging to the relevant agency who engage in duties likely to cause impairment to health may undergo health examinations taking into account the characteristics of such duties and shall take necessary measures such as reassignment of duties based on the results of the examinations in accordance with the procedures and standards prescribed by National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, and Presidential Decree (hereinafter referred to as "Presidential Decree, etc.").

(3) The head of a State agency, etc. may conduct psychological tests for public officials belonging to the relevant agency and may take necessary measures such as providing support for counseling by experts based on the results of the tests in accordance with the procedures and standards prescribed by Presidential Decree, etc.

(4) The head of a State agency, etc. shall not use the results under paragraphs (2) and (3) for purposes other than the protection and maintenance of the health and safety of public officials.

(5) The Minister of Personnel Management may provide support for matters necessary for the head of a State agency, etc. to take the measures under paragraphs (1) through (3).

[This Article Added on Feb. 27, 2026]

Article 47(Support for rehabilitation and return to duties) #

(1) The State and local governments shall make endeavors necessary to facilitate the rehabilitation of public officials under their control who suffer an accident in the line of duty and such public officials' return to duties and to support survivors of such public officials.

(2) The Minister of Personnel Management may implement the following projects to facilitate the rehabilitation of public officials who suffer an accident in the line of duty and their return to duties and to support their survivors:

1. Development and distribution of programs related to rehabilitation and return to duties;

2. Establishment of standards for supporting rehabilitation and return to duties;

3. Collection and provision of information related to rehabilitation and return to duties, and surveys and research thereon;

4. Psychological consulting for the survivors of public officials who suffer an accident in the line of duty;

5. Other matters prescribed by Presidential Decree.

Article 48(Principles of bearing expenses) #

(1) The State and local governments shall bear expenses incurred in paying benefits under this Act.

(2) The State and local governments may subsidize expenses incurred for projects for the prevention of accidents and projects to support rehabilitation and return to duties under this Act within the budget in each fiscal year.

(3) The State and local governments shall endeavor to take necessary budgetary measures to support the prevention of accidents under Article 46(1) and rehabilitation and return to duties under Article 47(1). <Added on Feb. 27, 2026>

Article 49(Accident prevention and compensation contributions) #

(1) The expenses borne by the State and local governments under Article 48(1) and (2) (excluding expenses incurred in paying disaster relief payments and death condolence payments for public officials of local governments; hereinafter referred to as "accident prevention and compensation contributions") shall be an amount calculated as prescribed by Presidential Decree, taking into account the accident rate, the scope of expenses borne, etc. <Amended on Feb. 27, 2026>

(2) Accident prevention and compensation contributions to be borne by the State and local governments shall be paid to the Service. In such cases, Article 71(2) through (7) of the Public Officials Pension Act shall apply mutatis mutandis to procedures for the payment, settlement and collection of such contributions; provided, "pension contributions, etc." shall be deemed to be "accident prevention and compensation contributions". <Amended on Feb. 27, 2026>

(3) If the portion of accident prevention and compensation contributions borne under Article 48(1) is insufficient to cover the expenses for paying benefits under this Act (excluding expenses required for disaster relief payments and death condolence payments for public officials of local governments), the amount necessary therefor may be borrowed temporarily from the Public Officials Pension Fund under the Public Officials Pension Act. In such cases, the temporary borrowing shall be repaid with interest added thereto as prescribed by Presidential Decree by the end of the second following fiscal year. <Amended on Feb. 27, 2026>

[Title Amended on Feb. 27, 2026]

Article 50(Transfer of amount of public official's pension) #

If a survivor of a public official who died in the line of duty or of a public official who died in the line of duty while performing hazardous duties selects a survivors' pension for line-of-duty death or a survivors' pension for line-of-duty death in hazardous duty under Article 20(1) or (2), and therefore a retirement survivors' pension, a lump-sum retirement survivors' pension, or a lump-sum retirement survivors' benefit is not paid, the Minister of Personnel Management shall transfer the unpaid amount to the financial resources for accident prevention and compensation contributions for the second following fiscal year. In such cases, where the survivor receives a survivors' pension for line-of-duty death or a survivors' pension for line-of-duty death in hazardous duty and is entitled to a retirement survivors' pension, the amount to be transferred shall be calculated by deeming that the survivor has received a lump-sum retirement survivors' pension equivalent thereto. <Amended on Feb. 27, 2026>

Article 51(Request for examination) #

(1) A person who has an objection to a decision on benefits or other benefits, etc. under this Act may file a request for examination with the Public Officials' Accident Compensation Pension Committee under Article 52 as prescribed by Presidential Decree.

(2) A request for examination under paragraph (1) shall be filed within 180 days from the date the relevant decision, etc. is made or within 90 days from the date the requester becomes aware of such decision, etc.; provided, this shall not apply where the requester proves that he or she was unable to file the request within that period because there was good cause.

(3) Except as provided in paragraphs (1) and (2), matters necessary for requesting examination shall be prescribed by Presidential Decree.

(4) No administrative appeal under the Administrative Appeals Act shall be filed against a decision on benefits, or other benefits, etc. under this Act.

Article 52(Public Officials' Accident Compensation Pension Committee) #

(1) The Public Officials' Accident Compensation Pension Committee (hereinafter referred to as the "Committee") shall be established under the control of the Prime Minister to examine the following:

1. Matters concerning a request for examination under Article 51;

2. Matters prescribed under other statutes to be examined by the Committee.

(2) Where deemed necessary for the improvement of statutes, regulations and systems relating to examination, the Committee may give an opinion or make a recommendation for improvement to the Minister of Personnel Management.

(3) Where necessary for the performance of its affairs, the Committee may request relevant administrative agencies, local governments, and public institutions to dispatch their public officials, executive officers or employees.

(4) An administrative organization shall be established under the Committee to support and handle affairs of the Committee.

(5) The Committee may have professional human resources necessary to enhance expertise in examination affairs and perform affairs such as examination-related surveys and research.

(6) Matters necessary for the organization and operation of an administrative organization and the qualifications, etc. of professional human resources under paragraphs 4 and 5 shall be prescribed by Presidential Decree.

Article 53(Composition of Committee) #

(1) The Committee shall be composed of not more than 50 members, including one Chairperson, and one of the members shall be a standing member.

(2) The chairperson and the standing member of the Committee shall be appointed or commissioned by the President upon the recommendation of the Minister of Personnel Management from among persons falling under any subparagraph of paragraph (3). In such cases, the standing member shall concurrently serve as the head of the secretariat under Article 52(4).

(3) Ex officio members of the Committee shall be members of the Senior Executive Service or public officials equivalent thereto of the Ministry of Planning and Budget, the Ministry of the Interior and Safety, the Ministry of Patriots and Veterans Affairs, the Ministry of Employment and Labor, and the Ministry of Personnel Management, appointed by the heads of the relevant agencies from among public officials in charge of affairs relating to accident compensation, pension, welfare or service, and the Committee members who are not ex officio members shall be appointed or commissioned by the President from among the following persons: <Amended on Mar. 4, 2023>

1. Persons who are or were in office as members of the Senior Executive Service or public officials equivalent thereto from among persons who engage or engaged in affairs relating to personnel administration or social security, such as accident compensation, pension, welfare, and service;

2. Persons who are or were in office as a judge, prosecutor or attorney-at-law;

3. Medical personnel under Article 2 of the Medical Service Act;

4. Other persons who have extensive knowledge of and experience in affairs relating to personnel administration or social security, such as accident compensation, pension, welfare, and service.

(4) The Chairperson and members of the Committee shall hold office for a term of three years and may be appointed consecutively for further terms, as prescribed by Presidential Decree; provided, ex officio members shall hold office while remaining in such post.

(5) Meetings of the Committee shall be composed of at least 11 and not more than 15 members, including the Chairperson, the standing member, and members designated by the Chairperson at each meeting.

(6) Where necessary for examination, the Committee may take the following measures:

1. Requesting a requester for examination or a person designated by the requester, relevant public officials, and other interested persons, etc. to attend a meeting of the Committee and hearing their opinions;

2. Requesting relevant public officials or other persons, institutions, etc. related to benefits to submit materials.

(7) Except as provided in paragraphs (1) through (6), matters necessary for the organization and operation of the Committee shall be prescribed by Presidential Decree.

Article 54(Prescription) #

(1) The right to receive benefits under this Act shall lapse by prescription if not exercised for 3 years in the case of medical care benefits, rehabilitation benefits, nursing benefits, or relief benefits, or for 5 years in the case of other benefits, from the date the grounds for such benefits arise.

(2) The right of the Minister of Personnel Management or the head of a local government to recover an amount to be recovered or to collect other charges under this Act shall lapse by prescription if not exercised for 5 years from the date the grounds for such recovery or collection arise.

(3) The notice of and demand for payment of an amount to be recovered or other charges under this Act, and a claim for benefits or for the refund of an overpaid amount, etc. shall have the effect of interrupting prescription.

(4) Prescription interrupted under paragraph (3) shall run anew from the time when the payment period specified in a notice of or demand for payment expires.

(5) Where a person wins a lawsuit filed against a decision on benefits under this Act, his or her entitlement to receive the benefits relating thereto shall be extinguished by prescription if he or she fails to exercise the entitlement to receive medical care benefits, rehabilitation benefits, nursing benefits or relief benefits or the entitlement to receive the other benefits for three years or five years, respectively, from the date on which the relevant ruling has become final and conclusive.

Article 55(Period of effectuation) #

In calculating periods for the payment of benefits, requests for examination, filing of reports, etc. under this Act, where the relevant documents are sent by mail, the number of days required for delivery shall not be included in such periods.

Article 56(Confirmation by heads of agencies) #

(1) The head of an agency shall confirm the personal records necessary for the existence of any causes for paying benefits, and other personal matters of a present or former public official under this Act.

(2) If necessary to conduct affairs concerning confirmation under paragraph (1), the head of an agency may request a present or former public official and other relevant persons to submit materials or state their opinions.

Article 57(Inspection and reporting) #

(1) If deemed necessary for the proper operation of benefits under this Act and other accident compensation systems, the Minister of Personnel Management (including a person who is entrusted with affairs pursuant to Article 61; hereafter the same shall apply in this Article and Article 58) may request the following matters from persons entitled to receive benefits, the heads of agencies, the heads of medical care institutions, and other relevant persons:

1. Giving necessary reports or notifications;

2. Presenting or submitting books, documents or other items;

3. Appearance at a specified place and presentation of opinions or explanations.

(2) Where the Minister of Personnel Management deems it necessary for the proper operation of benefits under this Act, he or she may have public officials under his or her authority (where affairs are entrusted pursuant to Article 61, including employees of the trustee; hereafter in this Article the same shall apply) enter relevant places to inspect books, documents, or other items or ask necessary questions of persons related thereto.

(3) When entering places, conducting inspections, or asking questions pursuant to paragraph (2), the relevant public official shall carry identification verifying his or her authority and present it to relevant persons.

(4) In the case of paragraph (1), when a person entitled to receive benefits fails to comply with a request without good cause, the payment of benefits may be suspended until he or she complies therewith.

Article 57-2(Epidemiological investigations) #

(1) Where the Minister of Personnel Management deems it necessary to identify the cause of a disease in the line of duty, he or she may conduct an epidemiological investigation into the correlation between the disease of a current or former public official and his or her working environment (hereinafter referred to as "epidemiological investigation"); in such cases, upon request by a person who has filed a claim for medical care benefits or accident benefits for survivors for the relevant disease, or by the head of the agency with which the relevant public official is or was affiliated, the following persons may participate in the epidemiological investigation, as prescribed by Decree of the Prime Minister:

1. Where a request is made by a person who has filed a claim for medical care benefits or accidental benefits for survivors for the relevant disease: The person making such request;

2. Where a request is made by the head of the agency with which the public official is or was affiliated: A person designated by the head of such agency from among its officials.

(2) Where the Minister of Personnel Management conducts an epidemiological investigation, the head of an agency under paragraph (1) and public officials affiliated with such agency shall actively cooperate with the Minister, and shall not, without good cause, refuse, obstruct, or evade the epidemiological investigation.

(3) No person shall refuse or obstruct a person permitted to attend under the latter part of paragraph (1) from participating in an epidemiological investigation.

(4) No person who conducts or attends an epidemiological investigation under paragraph (1) shall divulge or misappropriate any confidential information learned in the course of such investigation; provided, this shall not apply where the Minister of Personnel Management deems it necessary for the prevention of health impairment of public officials.

(5) The Minister of Personnel Management may, if necessary for an epidemiological investigation, request the head of the relevant administrative agency to submit the following information or materials; in such cases, the head of the relevant administrative agency who receives such request shall comply therewith unless there is a compelling reason not to do so:

1. The details of medical care benefits under Article 41 of the National Health Insurance Act (limited to diseases related to epidemiological investigations) and the results of health examinations under Article 52(1) of that Act;

2. The results of health examinations, special health examinations, and in-depth health examinations under Articles 8(1) and 8-2(1) and (2), respectively, of the Framework Act on Health, Safety, and Welfare of Police Officials;

3. The results of general health examinations, special health examinations, and temporary health examinations under Articles 129(1), 130(1), and 131(1), respectively, of the Occupational Safety and Health Act;

4. The results of special health examinations and in-depth health examinations under Article 16(1) and (2) of the Framework Act on Health, Safety and Welfare of Firefighting Officials;

5. Data on cancer registration statistics services under Article 14 of the Cancer Control Act and on cancer information services under Article 15 of that Act;

6. Other information or materials necessary for epidemiological investigations prescribed by Presidential Decree.

(6) Except as provided in paragraphs (1) through (5), the methods, subjects, and procedures of epidemiological investigation and other necessary matters shall be prescribed by Decree of the Prime Minister.

[This Article Added on Mar. 19, 2024]

Article 58(Request for provision of materials) #

(1) The Minister of Personnel Management may request the heads of State agencies, local governments, medical care institutions, the Korea Teachers' Pension under the Pension for Private School Teachers and Staff Act (hereafter in this Article referred to as the "Korea Teachers' Pension"), the National Pension Service under the National Pension Act (hereafter in this Article referred to as the "National Pension Service"), and other institutions, corporations, or organizations as prescribed by Presidential Decree to submit materials relating to resident registration, family relations registration, national taxes, local taxes, land, buildings, health insurance, registration of persons with disabilities, and other matters prescribed by Presidential Decree, which are necessary for matters relating to the operations of accident compensation for public officials, such as the determination and payment of benefits and the exercise of the right to claim damages against a third party. In such cases, the heads thereof shall comply with such request unless there is a compelling reason not to do so.

(2) Fees, charges, etc. shall be exempted with respect to materials provided to the Minister of Personnel Management under paragraph (1).

Article 59(Veterans affairs and honorable treatment) #

(1) Public officials who died in the line of duty and their survivors may be accorded the following honorable treatment:

1. Honorable treatment for public officials who died in the line of duty and their survivors under Article 4(1)14 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

2. Honorable treatment for public officials killed in a disaster and their survivors under Article 2(1)3 of the Act on Support for Persons Eligible for Veterans' Compensation.

(2) Public officials who died in the line of duty while performing hazardous duties and their survivors may be accorded the following honorable treatment:

1. Honorable treatment for soldiers or police officers who died in the line of duty and their survivors under Article 4(1)5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

2. Honorable treatment for public officials who died in the line of duty and their survivors under Article 4(1)14 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

3. Deleted; <Feb. 27, 2026>

4. Deleted. <Feb. 27, 2026>

(3) Notwithstanding paragraph (2), persons who are prescribed by other statutes to be accorded any of the following honorable treatment shall be governed by such other statutes:

1. Honorable treatment for members of the armed forces and police officers killed in action and their survivors under Article 4(1)3 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

2. Honorable treatment for members of the armed forces and police officers who died in the line of duty and their survivors under Article 4(1)5 of that Act;

3. Honorable treatment for members of the armed forces and police officers who died due to a disaster and their survivors under Article 2(1)1 of the Act on Support for Persons Eligible for Veterans' Compensation.

(4) The registration and determination of persons who are to be accorded honorable treatment under paragraphs (1) and (2) shall be as prescribed by the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or the Act on Support for Persons Eligible for Veterans' Compensation.

(5) Notwithstanding paragraphs (2) and (4), where a public official other than a police official or firefighting official is determined by the Minister of Personnel Management to have become a public official who died in the line of duty while performing hazardous duties through the performance of duties equivalent to those of members of the armed forces, police, or firefighting services, such public official shall be deemed to be a member of the armed forces or a police officer who died in the line of duty, and may be accorded honorable treatment under paragraph (2)1 following deliberation and resolution by the Patriots and Veterans Entitlement Commission under Article 74-5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State. <Added on Feb. 27, 2026>

(6) The State or local governments may, as prescribed by Presidential Decree, accord honorable treatment to public officials who died in the line of duty and public officials who died in the line of duty while performing hazardous duties and provide support for their survivors. In such cases, expenses incurred in such honorable treatment and support shall be borne by the State or local governments. <Amended on Feb. 27, 2026>

Article 60(Special cases concerning persons who died in the course of performing official duties) #

(1) Notwithstanding Article 3(1)1, a person who died in the course of performing official duties shall be deemed a public official under this Act in recognizing him or her as a public official who died in the line of duty or who died in the line of duty while performing hazardous duties and applying benefits (excluding death condolence payment), honorable treatment, etc. to him or her accordingly (hereinafter referred to as "provisions governing survivors' benefits for line-of-duty death or survivors' benefits for line-of-duty death in hazardous duty").

(2) The provisions of the Industrial Accident Compensation Insurance Act, etc. and the provisions governing survivors' benefits for line-of-duty death or survivors' benefits for line-of-duty death in hazardous duty under this Act shall apply respectively to a person who died in the course of performing official duties; provided, the provisions governing survivors' benefits for line-of-duty death or survivors' benefits for line-of-duty death in hazardous duty under this Act shall apply only where such death is recognized as being eligible for accident compensation benefits under the Industrial Accident Compensation Insurance Act, etc.

(3) To obtain recognition as a person who died in the course of performing official duties and recognition as a public official who died in the line of duty or a public official who died in the line of duty while performing hazardous duties, a claim for survivors' benefits for line-of-duty death or survivors' benefits for line-of-duty death in hazardous duty shall be filed with the Minister of Personnel Management, together with documents, etc. relating to the recognition of death eligible for accident compensation under the Industrial Accident Compensation Insurance Act, etc., after obtaining confirmation from the head of the agency to which the deceased belonged at the time of his or her death (where the head of such agency does not exist, referring to the head of the State agency or local government for which the deceased performed official duties at the time of his or her death; where the deceased died of an injury or disease, referring to the time of occurrence of such injury or disease; hereafter in this paragraph the same shall apply).

(4) Notwithstanding paragraph (2), where a person who died in the course of performing official duties is recognized as a public official who died in the line of duty, survivors' benefits for line-of-duty death shall not be paid.

(5) Notwithstanding paragraph (2), where a person who died in the course of performing official duties is recognized as a public official who died in the line of duty while performing hazardous duties, a survivors' pension for line-of-duty death in hazardous duty shall not be paid; provided, notwithstanding the main clause of Article 20(5), survivors' compensation for line-of-duty death in hazardous duty shall be paid without any deduction even where compensation or indemnity is paid under the Industrial Accident Compensation Insurance Act, etc.

(6) Notwithstanding Article 54(1), in the case of survivors' benefits for line-of-duty death or survivors' benefits for line-of-duty death in hazardous duty under paragraph (3), prescription shall not run during the period from the date on which a claim for survivors' benefits, etc. is filed on the grounds of death eligible for accident compensation under the Industrial Accident Compensation Insurance Act, etc. to the date on which the payment of such benefits is determined (including where such payment is determined through administrative appeals, administrative litigation, or other objection procedures).

(7) Except as provided in paragraphs (1) through (6), matters necessary for the recognition, etc. of persons who died in the course of performing official duties shall be prescribed by Presidential Decree.

Article 61(Entrustment of affairs) #

(1) The Minister of Personnel Management shall entrust the Service with the following affairs under this Act: <Amended on Feb. 27, 2026>

1. Receiving claims for benefits and requests for examination;

2. Making decisions on rehabilitation benefits, nursing benefits, survivors' pension based on a disability pension, or relief benefits (limited to cases where the public official does not belong to a local government);

3. Payment of benefits;

4. Recovery of benefits under Article 16, and disposition of write-off, compulsory collection, and disposition for arrears;

5. Exercising the right to claim damages against a third party under Article 21(1);

6. Extension of the medical care period under Article 22(2);

7. Calculation of medical care benefits under Article 25;

8. Matters relating to the loss and transfer of entitlement to survivors' pension based on a disability pension, etc. under Article 40;

9. Matters relating to the calculation, settlement, collection, management, etc. of accident prevention and compensation contributions under Article 49;

10. Other matters prescribed by Presidential Decree.

(2) If the Service performs compulsory collection or disposition for arrears under paragraph (1)4, it shall obtain approval from the Minister of Personnel Management. In such cases, executive officers and employees of the Service shall be deemed to be public officials. <Amended on Feb. 27, 2026>

(3) The Minister of Personnel Management may entrust all or part of the projects for the prevention of accidents under Article 46-2(2) and support for rehabilitation and return to duties under Article 47(2) to the Service, as prescribed by Presidential Decree. <Amended on Feb. 27, 2026>

(4) If the Minister of Personnel Management entrusts affairs under paragraph (1) or (3), he or she may subsidize necessary expenses within the budget.

(5) The Minister of Personnel Management may take supervisory measures necessary in relation to the affairs entrusted to the Service under paragraph (1) or (3), such as requiring the Service to submit reports or inspecting the handling of such affairs.

(6) The Service may, with approval from the Minister of Personnel Management, reentrust part of the affairs entrusted under paragraph (1) or (3) to post offices, local governments, financial companies, public institutions under Article 4 of the Act on the Management of Public Institutions, or other persons. In such cases, other necessary matters, such as the scope of reentrusted affairs, persons eligible for reentrustment, and payment of reentrustment expenses, shall be prescribed by Presidential Decree.

Article 62(Legal fiction as public officials for purposes of applying penalty provisions) #

Persons who are not public officials from among the following persons shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act to their affairs:

1. Members of the Deliberative Committee;

2. Members of the Committee;

3. Executive officers and employees of institutions, etc. engaged in affairs entrusted by the Minister of Personnel Management under Article 61 (including affairs reentrusted under Article 61(6));

Article 62-2(Penalty provisions) #

Any person who divulges or misuses secrets, in violation of Article 57-2(4) shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won.

[This Article Added on Mar. 19, 2024]

Article 63(Administrative fines) #

(1) If an executive officer or employee of the Service violates measures under Article 61(5) or refuses, obstructs, or evades an inspection, he or she shall be subject to an administrative fine not exceeding 5 million won. <Amended on Mar. 19, 2024>

(2) Any of the following persons shall be subject to an administrative fine not exceeding 3 million won: <Amended on Mar. 19, 2024>

1. A person who fails to take measures under the subparagraphs of Article 57(1) or takes such measures falsely;

2. A person who refuses, obstructs, or evades entry, inspection, or questioning under Article 57(2);

3. A person who refuses, obstructs, or evades an epidemiological investigation without good cause, in violation of Article 57-2(2);

4. A person who refuses or obstructs participation in an epidemiological investigation by a person permitted to attend, in violation of Article 57-2(3).

(3) The Minister of Personnel Management shall impose and collect administrative fines under paragraphs (1) and (2).