Article 44(Ex officio redetermination of disability rating) #
(1) The Minister of Personnel Management shall redetermine the disability ratings for any of the following eligible recipients of disability pensions (excluding where the disability rating resulting from the other disability is Grade 1 and the final disability rating is not changed, even if the following disability ratings of the eligible recipient of a disability pension are changed; hereinafter referred to as "person entitled to redetermination of the disability rating") within one year from the date on which two years have passed as of the date on which the decision to pay a disability pension was rendered: in such cases, the redetermination of a disability rating shall be made only once: <Amended on Mar. 8, 2022>
1. Where an eligible recipient has at least one disability specified in no. 3 of Grade 1, no. 3 of Grade 2, no. 3 of Grade 3, no. 2 of Grade 5, no. 4 of Grade 7, no. 10 of Grade 9, or no. 15 of Grade 12 of Appendix 3, which are eligible for disability pensions;
2. Where an eligible recipient has at least one disability specified in no. 5 of Grade 6, no. 14 of Grade 7, no. 2 of Grade 8, no. 17 of Grade 9, no. 14 of Grade 10, no. 12 of Grade 11, or no. 16 of Grade 12 (applicable only to where the disability rating is determined based on spinal nerve root disorder) of Appendix 3, which are eligible for disability pensions;
3. Where an eligible recipient has at least one disability specified in no. 6 or 8 of Grade 1, no. 6 of Grade 4, no. 6 or 7 of Grade 5, no. 6 of Grade 6, no. 7 or 11 of Grade 7, no. 4, 6, or 7 of Grade 8, no. 13 or 15 of Grade 9, no. 9, 12, or 13 of Grade 10, no. 9 or 10 of Grade 11, no. 9, 10, 12, or 14 of Grade 12, or no. 8 or 11 of Grade 13 (applicable only to where the disability rating is determined based on the motor functions of body joints) of Appendix 3, which are eligible for disability pensions;
4. Where an eligible recipient has a disability that is not specified in the disability ratings under Appendix 3 but is eligible for disability pensions, and has at least one of the disabilities falling under subparagraphs 1 through 3.
(2) Notwithstanding paragraph (1), where a person entitled to redetermination of the disability rating receives additional medical care, such redetermination shall be made once within one year from the date on which two years have passed from the date on which he or she is cured after the additional medical care was provided (or the date on which the decision to pay a disability pension is rendered according to a change of the disability rating). <Amended on Mar. 8, 2022>
(3) Where the Minister of Personnel Management intends to redetermine a disability rating pursuant to paragraph (1) or (2), the Minister shall require a person entitled to redetermination of the disability rating to receive diagnosis at a medical care institution designated by the Minister. In such cases, the Minister of Personnel Management shall pay expenses incurred in conducting diagnosis. <Amended on Aug. 25, 2020; Mar. 8, 2022>
(4) Where the Minister of Personnel Management intends to require such person to receive diagnosis pursuant to the former part of paragraph (3), he or she shall notify the GEPS and the person entitled to redetermination of the disability rating of the date of the commencement of redetermination, the deadline of diagnosis, medical care institutions capable of rendering medical diagnosis, and other matters necessary for the redetermination of disability ratings. <Amended on Mar. 8, 2022>
(5) A person who received diagnosis pursuant to the former part of paragraph (3) shall submit to the GEPS a medical certificate of disability for public officials' accident compensation issued by the medical care institution that has made the diagnosis, within six months from the date of the commencement of redetermination. <Amended on Aug. 25, 2020>
(6) Upon receipt of a medical certificate of disability for public officials' accident compensation issued by a medical care institution under paragraph (5), the GEPS shall send the results of the verification and investigation of factual relations to the Minister of Personnel Management, along with the medical certificate of disability for public officials' accident compensation issued by the medical care institution.
(7) Upon receipt of a medical certificate of disability for public officials' accident compensation issued by a medical care institution and relevant results sent under paragraph (6), the Minister of Personnel Management shall send to the person entitled to redetermination of the disability rating and the GEPS a written decision on the following matters after deliberation thereon by the Deliberative Committee: <Amended on Mar. 8, 2022>
1. Whether the disability rating is redetermined;
2. Where the disability rating is redetermined, the disability rating.
(8) The disability rating redetermined pursuant to paragraph (7) shall begin to apply from the month following the month in which the date of diagnosis is made pursuant to paragraph (3) falls.