ENFORCEMENT DECREE OF THE MILITARY ACCIDENT COMPENSATION ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE MILITARY ACCIDENT COMPENSATION ACT — 법갈피

Article 11(Reference date for computation of benefits) #

(1) The amount of base monthly income prescribed in the main clause of Article 9 (1) of the Act, other than the subparagraphs, shall be the amount calculated pursuant to Article 3 (1) of the Enforcement Decree of the Military Pension Act. <Amended on Jul. 7, 2025>

(2) Where grounds for payment of benefits arise due to retirement or after retirement the date on which the grounds for payment of benefits arise serving as the base date for calculating the amount of base monthly income under Article 9 (1) of the Act and the average amount of base monthly income of all public officials under Article 9 (2) of the Act (hereinafter “the average amount of base monthly income of all public officials”) shall be deemed the day immediately preceding the date of retirement. <Amended on Jul. 7, 2025>

(3) Notwithstanding paragraph (1), where grounds for payment of benefits falling under any of the following cases arise between January and April of the relevant year before determining and applying for that year the amount of base monthly income under the part other than the subparagraphs of the main clause of Article 9 (1) of the Act based on income of the preceding year, such amount of base monthly income shall be the amount calculated pursuant to Article 3 (2) of the Enforcement Decree of the Military Pension Act: <Amended on Jul. 7, 2025>

1. A disability pension under Article 26 of the Act (hereinafter referred to as "disability pension");

2. A survivor’s disability pension under Article 34 of the Act (hereinafter referred to as "survivor’s disability pension");

3. A survivor’s pension for line-of-duty death under Article 35 of the Act (hereinafter referred to as "survivor’s pension for line-of-duty death");

4. A survivor’s lump-sum benefits for line-of-duty death under Article 36 of the Act (hereinafter referred to as "survivor’s lump-sum benefits for line-of-duty death").

(4) Notwithstanding paragraphs (1) and (3), where after an increase in the monthly salary amount due to promotion reassignment of duties or the like grounds for payment of a disability pension arise in the relevant year the amount of base monthly income under the main clause of the part other than the subparagraphs of Article 9 (1) of the Act shall be the amount calculated pursuant to the main clause of the part other than the subparagraphs of Article 3 (3) of the Enforcement Decree of the Military Pension Act and where grounds for payment of a survivor’s pension for line-of-duty death arise in the relevant year such amount of base monthly income shall be the amount calculated pursuant to the proviso of the part other than the subparagraphs of the same paragraph. <Amended on Jul. 7, 2025>

(5) Notwithstanding paragraphs (1) (3) and (4), the amount of base monthly income under the proviso of the part other than the subparagraphs of the main clause of Article 9 (1) of the Act shall be the sum of the following amounts: <Added on Jul. 7, 2025>

1. The amount of base monthly income calculated pursuant to paragraph (1) (3) or (4) (meaning the amount of base monthly income for the month in which the date on which the grounds for payment of benefits arise falls);

2. The amount of the monthly increase in salary payable resulting from promotion under Article 30 (1) of the Military Personnel Management Act.

Article 13(Special cases concerning recipients of benefits) #

(1) "Maximum amount prescribed by Presidential Decree" in Article 11 (1) of the Act means the amount of money described as follows; provided, death compensation under Article 39 of the Act (hereinafter referred to as "death compensation") shall not be counted towards the amount available for a person who was a member of armed forces pursuant to paragraph (4).

1. Benefits payable as a pension among the benefits prescribed in Article 7 of the Act: An amount obtained by multiplying the amount of three years of original pension benefits at the time of death by the rate calculated by the following formula:

[36- (Number of months in which he or she was able to receive pension until his or her death pursuant to Article 12 (1) of the Act)] × 1/36

2. Survivor's lump-sum benefits for line-of-duty death and death compensation among the benefits prescribed in Article 7 of the Act: 1/2 of the amount of the original benefits;

3. Benefits prescribed in Article 7 of the Act, other than those falling under subparagraphs 1 and 2: The full amount of the original benefits.

(2) Where a lineal descendant or lineal ascendant of a current or former member of the armed forces, who is not a survivor of such member, intends to receive benefits pursuant to Article 11 of the Act, he or she shall submit a written claim for special case benefits (including a written claim in an electronic form) accompanied by his or her family relation certificate to the Chief of Staff of the armed forces in which the member has served; and the Chief of Staff shall examine and verify the submitted details, and submit it to the Minister of National Defense.

(3) Article 12 shall apply mutatis mutandis to the methods of paying benefits if a current or former member of the armed forces has two or more lineal descendants or lineal ascendants who are not survivors under paragraph (2).

(4) Where there is no lineal descendant or lineal ascendant who is not a bereaved family member of a current or former member of the armed forces eligible for benefits under Article 11 of the Act, the Minister of National Defense shall pay such benefits to the relatives of the current or former member of the armed forces or the Chief of Staff of the armed forces to which he or she belonged, and allow him or her to use such benefits to prepare graves, fields, monuments, memorial monuments, etc. of the current member of the armed forces.

Article 16(Recovery of benefits) #

(1) "Interest and recovery expenses prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 15 (1) of the Act means the interest and recovery expenses as described below: <Amended on Oct. 4, 2022>

1. Interest: Interests shall accrue from the date immediately following the date the recipient receives the benefits to the date the Minister of National Defense determines and notifies the amounts of benefits to be recovered and interest thereon by applying the highest interest rate among the interest rates on time deposits applied by banks with operations across the country (hereinafter referred to as "bank with nationwide branches") as of January 1 of the pertinent year from among the banks established under the Banking Act, and the interest shall be added to the benefits on an annual basis so that the amount of interest can be thereafter calculated based on such added amount; provided, where a person liable to pay an amount subject to recovery under Article 15 (2) of the Act fails to pay it by the payment deadline, the overdue interest shall accrue from the day immediately following the payment deadline to the date of payment, by applying the interest that is twice the highest interest rate among the interest rates on time deposits applied by banks with nationwide branches as of January 1 of each pertinent year.

2. Recovery expenses: Travel expenses incurred in investigating the recovery of benefits and other expenses incurred in recovery, which are calculated by the Minister of National Defense.

(2) Where a person who has received benefits or the head of an agency entrusted with the payment of benefits pursuant to Article 61 (5) becomes aware of a fact falling under any subparagraph of Article 15 (1) of the Act, he or she shall report or notify the Minister of National Defense of such fact without delay.

(3) When the Minister of National Defense becomes aware of any ground for the recovery of benefits via the report or notice provided under paragraph (2) or by other means, he or she shall conduct an investigation without delay and send a written notice requesting return of the amount subject to recovery to the person who has received benefits (hereinafter referred to as "written notice requesting return").

(4) A person who has received a written notice requesting return pursuant to paragraph (3) shall, within 30 days from the date of receiving the notice, pay the amount subject to recovery to an institution designated by the Minister of National Defense to receive national funds ; and the institution designated to receive national funds shall, upon receipt of such funds, send a notice confirming receipt to the Minister of National Defense without delay; provided, where a person who has received a written notice requesting return falls under Article 15 (1) 3 or 4 of the Act, he or she may, by the payment deadline, submit to the Minister of National Defense an application to pay the amount subject to recovery in installments and, upon receiving approval therefor, pay it in monthly installments from the month following the month in which approval is granted, with the number of installments being determined as described below:

1. Where the amount to be returned is less than 10 million won: 20 installments;

2. Where the amount to be returned is at least 10 million won but less than 20 million won: 40 installments;

3. Where the amount to be returned is at least 20 million won: 60 installments.

(5) In cases of the payment in installments provided in the proviso, with the exception of the subparagraphs, of paragraph (4), the interest shall be calculated by applying the interest rate under paragraph (1) 1 to the amount subject to recovery to be paid during the period of installment payment, and in such cases, the amount to be paid in installments shall be calculated by equally dividing the principal and interest by the number of installments; provided, in cases falling under Article 15 (1) 4 of the Act, where benefits have been erroneously paid in the first place due to an error or omission by the Minister of National Defense, no interest shall accrue thereon.

(6) Where a person who is approved for installment payments of an amount subject to recovery based on the proviso, with the exception of the subparagraphs, of paragraph (4) fails to make installment payments for at least three months, the Minister of National Defense may revoke approval for payment in installments and may recover the amount subject to recovery and interest for arrears in a lump sum.

(7) In any of the following cases, the Pension Service Agency may collect such amount in the same manner as delinquent national taxes under Article 15 (3) of the Act:

1. Where an amount that shall be returned by the payment deadline (referring to the deadline for the final installment payment where installment payments have been approved as prescribed in the main clause, with the exception of the subparagraphs, of that paragraph) is not fully paid;

2. Where an amount subject to recovery and overdue interest are to be recovered in a lump sum under paragraph (6).

Article 19(Investigation into personal affairs of pension beneficiaries) #

(1) In order to verify the change, extinguishment, etc. of entitlement to a pension pursuant to Article 52 (1) of the Act, the Minister of National Defense may investigate the death, divorce, maintenance of livelihood, or fulfillment of child care responsibility of a pension beneficiary, etc. of a pension beneficiary or his or her family members, etc., or request him or her to submit materials related thereto. <Amended on Apr. 23, 2024>

(2) Where a pension beneficiary lives in a foreign country or goes on board an ocean-going vessel, he or she may appoint a person having a domicile in the Republic of Korea as his or her representative, and where he or she appoints a representative, the pension beneficiary shall submit a letter of appointment of the representative to the Minister of National Defense, as prescribed by Ordinance of National Defense.

(3) A pension beneficiary who has acquired the citizenship or permanent resident status of a foreign country and resides in a foreign country for at least one year shall, by December 31 of the pertinent year, submit a personal information notification of a foreign resident, stating changes in status, family relationship, etc. as of October 31 of that year, to the Minister of National Defense as prescribed by Decree of the Ministry of National Defense. In such cases, such personal information notification shall be confirmed by the head of the diplomatic or consular mission abroad before submission or shall be submitted together with notarized documents substantiating the details of the notification or with a confirmation of residence issued by a public institution of the country where the beneficiary resides.

(4) The Minister of National Defense (including persons delegated with the authority of the Minister of National Defense pursuant to Article 61 (1) through (3); hereafter in this Article the same shall apply) shall make a request to the head of a relevant administrative agency to investigate the personal circumstances of a pension beneficiary once a year in order to examine matters regarding the status of the pension beneficiary and the like pursuant to Article 52 (2) of the Act.<Amended on Oct. 4, 2022>

(5) Upon receiving a request to investigate personal circumstances of a pension beneficiary under paragraph (4), the head of a relevant administrative agency shall conduct such investigation and notify the Minister of National Defense of the investigation results without delay.

Article 21(Approval for line-of-duty care) #

(1) Where a current or former member of armed forces intends to receive medical care at a health care institution referred to in Article 42 of the National Health Insurance Act (hereinafter referred to as "health care institution") under Article 20 of the Act, the current or former member of armed forces (including a person delegated by the current or former member of armed forces; hereinafter referred to as "member of armed forces, etc.") shall submit an application for approval for line-of-duty care accompanied by the following documents to the Chief of Staff of the armed forces in which he or she serves or has served; provided, he or she may submit such application after commencing the line-of-duty care if he or she cannot obtain a prior approval due to unavoidable circumstances prescribed by Decree of the Ministry of National Defense, such as in cases where treatment is urgently necessary:

1. A diagnostic certificate issued by the head of a health care institution, specifying the period of medical care;

2. A written resolution approving treatment at a health care institution issued by the head of a military hospital.

(2) The Chief of Staff in receipt of an application for approval for line-of-duty care pursuant to paragraph (1) shall examine and verify the events leading to the injury or illness and submit the application attached with the following documents to the Minister of National Defense within seven days from the date such application is received:

1. A copy of the notification of the results of the medical examination;

2. An investigation report on the events leading to the injury or illness.

(3) The Minister of National Defense in receipt of an application pursuant to paragraph (2) shall determine whether to approve the line-of-duty care and the period of medical care (limited to where he or she grants approval therefor), and send the written decision to the applicant, the Chief of Staff of the armed forces in which the person who intends to receive line-of-duty care serves, and the National Health Insurance Corporation referred to in Article 13 of the National Health Insurance Act entrusted with the payment of line-of-duty care benefits under Article 61 (5).

Article 22(Extending period of line-of-duty care) #

(1) Where a current or former member of the armed forces intends to receive medical care in excess of the period of medical care approved pursuant to Article 21 (3), or to extend the period of medical care after two years of actual medical care pursuant to the proviso of Article 20 (2) of the Act, the member of armed forces, etc. shall submit to the Minister of National Defense an application for extension of the period of line-of-duty care accompanied by a diagnostic certificate (limited to a certificate issued by a health care institution, stating opinion from a doctor regarding details of necessary medical care, whether to extend the period of medical care, and period necessary for medical care).

(2) The Minister of National Defense in receipt of an application for extension of a period of line-of-duty care under paragraph (1) shall determine whether to approve the extension of such period and the period of medical care (limited to where he or she grants approval therefor), and send the written decision to the applicant, the Chief of Staff of the armed forces in which the person who intends to extend the period of the line-of-duty care serves, and the National Health Insurance Corporation.

(3) In determining the extension of the period of line-of-duty care under paragraph (2), the Minister of National Defense may determine whether to grant approval for the extension and the period of medical care in consultation with medical care advisors commissioned under Article 23 or subject to deliberation by the Council, where he or she deems that sophisticated medical opinion is required to determine, among other things, whether the injury or illness for which approval for line-of-duty care has been granted under Article 21 (3) is the same as the injury or illness subject to the extension of the period of medical care.

(4) Where the Minister of National Defense intends to determine whether to grant approval for the extension and the period of medical care subject to deliberation by the Council pursuant to paragraph (3), he or she shall notify the relevant member of armed forces, etc. of such fact in advance.

Article 24(Requirements and procedures for additional medical care) #

(1) Where a current or former member of the armed forces applies for additional medical care pursuant to Article 21 (1) of the Act, he or she shall meet all of the following requirements: <Amended on Jan. 14, 2025>

1. There shall be a proximate causal relationship between the line-of-duty injury or illness cured and the injury or illness subject to additional medical care;

2. It shall be recognized that active treatment is required, such as surgery (including re-surgery on the amputated area for installation of a medical will) and medical treatment effects can be expected, regarding the state of an injury or disease subject to additional medical care, and that active treatment is required.

(2) Where a current or former member of the armed forces intends to receive additional medical care pursuant to Article 21 (1) of the Act, the member of armed forces, etc. shall submit to the Minister of National Defense an application for approval for additional medical care accompanied by the following documents, as prescribed by Decree of the Ministry of National Defense:

1. A written resolution approving treatment at a health care institution issued by the head of a military hospital;

2. A diagnostic certificate (limited to a certificate issued by a health care institution, stating opinion from a doctor regarding details of necessary additional medical care and period necessary for medical care);

3. A copy of medical records relating to medical care under Articles 21 and 22;

4. A copy of medical opinions under Article 21 (1) of the Act and of medical records substantiating the reasons under the subparagraphs of paragraph (1).

(3) The Minister of National Defense in receipt of an application for approval for additional medical care pursuant to paragraph (2) shall determine whether to approve the additional medical care and the period of additional medical care (limited to where he or she approves additional medical care) and send the written decision to the applicant, the Chief of Staff of the armed forces in which the person intends to receive additional medical care serves, and the National Health Insurance Service. In such cases, where the Minister of National Defense deems it necessary in order to decide whether to approve additional medical care, he or she may require a medical examination at a military hospital or a health care institution designated by the Minister of National Defense, and the expenses thereof shall be borne by the Minister of National Defense.

(4) With respect to an extension of the period of additional medical care under Article 21 (3) of the Act, Article 22 shall apply mutatis mutandis. In such cases, "where a current or former member of the armed forces intends to receive medical care in excess of the period of medical care approved pursuant to Article 21 (3), or to extend the period of medical care after two years of actual medical care pursuant to the proviso of Article 20 (2) of the Act" shall be construed as "where a current or former member of the armed forces intends to extend the period of additional medical care under Article 21 (3) of the Act," and "period of medical care" as "period of additional medical care," and "approval for medical care under Article 21 (3)" as "approval for additional medical care under Article 24 (3)."

Article 37(Scope of recognition of injury incurred in performance of special duties and additional allowances for disability compensation) #

(1) "Duties prescribed by Presidential Decree" in Article 33 (1) 2 of the Act means duties as listed in Appendix 5.

(2) "Working during a period of overseas assignment prescribed by Presidential Decree" in Article 33 (3) of the Act means service during a period of overseas assignment under Article 4 of the Regulations on the Payment of Overseas Secondment Stipend to Military Personnel and Civilian Personnel in Military Service.

(3) "Amount prescribed by Presidential Decree" in Article 33 (3) of the Act means the amount as described below, based on the amount for Area A under Article 14 of the Regulations on Allowances for Public Officials and subparagraph 4 (a) (i) of Appendix 11 [in cases of a member of armed forces ranked up to a first lieutenant, referring to an amount paid to a captain stationed in Area A multiplied by rank-adjusted rates; hereinafter referred to as "amount of overseas service allowance for Area A"]:

1. Cases falling under Article 33 (1) 3 (a) of the Act: 12 times of the amount of overseas service allowance for Area A (referring to the amount paid for the month in which the date immediately preceding the date of retirement falls; hereafter in this paragraph the same shall apply) by rank during the month;

2. Cases falling under Article 33 (1) 3 (b) of the Act: Eight times of the amount of overseas service allowance for Area A;

3. Cases falling under Article 33 (1) 3 (c) of the Act: Six times of the amount of overseas service allowance for Area A;

4. Cases falling under Article 33 (1) 3 (d) of the Act: Four times of the amount of overseas service allowance for Area A.

(4) The exchange rate applied to the calculation of the amount referred to in paragraph (3) shall be the basic exchange rate publicly notified on the first day of the month in which the date immediately preceding the date of death or retirement falls (referring to the next day in cases of legal holidays).

(5) When determining a mental or physical disability in a military hospital under Article 33 (4) of the Act, an investigation shall be conducted, as prescribed by Decree of the Ministry of National Defense.

Article 38(Claims for survivor’s disability pension) #

(1) A person who intends to receive a survivor’s disability pension under Article 34 of the Act shall submit a written claim for a survivor’s disability pension (including a written claim in an electronic form) accompanied by the following documents (including electronic documents) to the Chief of Staff of the armed forces in which the deceased or former member of armed forces has served; provided, where a survivor of a beneficiary of a disability pension files a claim for survivor’s disability pension due to the death of the beneficiary, a written claim (including a written claim in an electronic form) shall be submitted to the Minister of National Defense: <Amended on Oct. 4, 2022>

1. Family relation certificate (only applicable to a spouse, child, or parent);

2. A diagnostic certificate issued by the head of a health care institution or the head of a military hospital, substantiating that a person is pregnant (only applicable to cases where a current or former member of the armed forces was pregnant at the time of her death);

3. A diagnostic certificate issued by the head of a health care institution or the head of a military hospital (limited to where a child or a grandchild who intends to receive a survivor’s disability pension is at least 25 years of age and has a disability falling under Appendix 3).

(2) Upon receipt of a claim for a survivor’s disability pension under paragraph (1) or the main clause of Article 9 (1), the Minister of National Defense shall, if necessary under Article 2 and Appendix 1, verify a certified copy of household register through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, in cases where the claimant does not consent to the verification, he or she shall attach the certified copy of household register to the written claim.

(3) With respect to the criteria for recognizing the spouse of a current or former member of the armed forces under Article 34 (3) of the Act, who supports a person falling under Article 3 (2) or (3) of the Military Pension Act, Article 2 and Appendix 1 shall apply mutatis mutandis.

Article 39(Claims for survivor’s pension for line-of-duty death and survivor’s lump-sum benefits for line-of-duty death) #

(1) A person who intends to receive a survivor's pension for line-of-duty death and survivor’s lump-sum benefits for line-of-duty death under Article 35 or 36 of the Act shall submit a written claim for the relevant benefits (including a written claim in an electronic form) accompanied by the following documents (including electronic documents) to the Chief of Staff of the armed forces in which the member has served: <Amended on Oct. 4, 2022>

1. Family relation certificate (only applicable to a spouse, child, or parent);

3. A diagnostic certificate issued by the head of a health care institution or the head of a military hospital (limited to where a child or a grandchild who intends to receive a survivor's pension for line-of-duty death or survivor’s lump-sum benefits for line-of-duty death is at least 25 years of age and has a disability falling under Appendix 3).

(2) The Chief of Staff in receipt of a written claim for benefits pursuant to paragraph (1) shall submit to the Minister of National Defense the written claim accompanied by an investigation report on the events leading to the death issued by the commanding officer of the military unit in which the deceased member of armed forces has served.

(3) The Minister of National Defense in receipt of a claim for a survivor's pension for line-of-duty death and survivor’s lump-sum benefits for line-of-duty death under paragraph (1) or the main clause of Article 9 (1) shall, if necessary under Article 2 and Appendix 1, verify a certified copy of household register through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, in cases where the claimant does not consent to the verification, he or she shall attach the certified copy of household register to the written claim.

Article 41(Reporting on loss and transfer of entitlement to survivor’s disability pension or survivor's pension for line-of-duty death) #

(1) Where a person who has the lowest priority ranking to a survivor's disability pension (hereinafter referred to as "eligible beneficiary of a survivor’s disability pension") or a survivor’s pension for line-of-duty death (hereinafter referred to as "eligible beneficiary of a survivor's pension for line-of-duty death") loses his or her entitlement under Article 37 (1) of the Act, a person who falls under the following subparagraphs shall file a report on the loss of the entitlement to a survivor's disability pension or on the loss of the survivor's pension for line-of-duty death with the Minister of National Defense, along with documents listed in the subparagraphs of paragraph (2), as prescribed by Decree of the Ministry of National Defense: <Amended on Oct. 4, 2022>

1. Where an eligible beneficiary of a survivor’s disability pension or a survivor’s pension for line-of-duty death dies: A person responsible for filing a report of death under Article 85 of the Act on Registration of Family Relations;

2. Where kinship ceases to exist due to remarriage or any other grounds: The beneficiary

3. Where a child or a grandchild who has received a survivor’s disability pension or a survivor's pension for line-of-duty death reaches 25 years of age: The beneficiary;

4. Where disability of a child or a grandchild aged 25 years or older ceases to exist: The beneficiary or his or her legal representative.

(2) A person who intends to receive a survivor’s disability pension or a survivor’s pension for line-of-duty death under Article 37 (2) of the Act shall submit to the Minister of National Defense a written claim for the transfer of entitlement to a survivor's disability pension or a survivor’s pension for line-of-duty death (including a written claim in an electronic form) accompanied by the following documents (including electronic documents):

1. A death certificate (applicable only where a person who has received a survivor’s disability pension or survivor's pension for line-of-duty death has died but his or her death is yet to be registered);

2. A family relation certificate of a person who has received a survivor’s disability pension or survivor's pension for line-of-duty death;

3. A diagnostic certificate issued by the head of a health care institution or the head of a military hospital (only applicable where disabilities of a person who has received a survivor's disability pension or a survivor's pension for line-of-duty death cease to exist).

Article 45(Persons eligible for death gratuities and claims therefor) #

(1) "One member of the armed forces prescribed by Presidential Decree" in the latter part of Article 41 (1) of the Act means a person who has a higher priority ranking among members of the armed forces, in the following order of priority:

1. A member of the armed forces, who is the spouse of the deceased;

2. A member of the armed forces, who is the eldest of the nearest lineal descendants of the deceased;

3. A member of armed forces, who is the spouse of the eldest lineal descendants among members of armed forces who are the spouses of the nearest lineal descendants of the deceased.

(2) Where a deceased member of armed forces had no spouse under Article 41 (2) of the Act, a service member death gratuity shall be paid to a person who has a higher priority ranking among persons who conduct funeral and memorial services for the deceased, in the following order of priority; provided, where there is a member of armed forces among lineal descendants of a deceased member of armed forces, it shall be paid to such member, and where there are two or more members of armed forces, it shall be paid to the person who has a higher ranking in the following order of priority:

1. A person who is the eldest of the nearest lineal descendants of the deceased member of armed forces;

2. A person who is the eldest of the nearest lineal ascendants of the deceased member of armed forces;

3. A person who is the eldest of the siblings of the deceased member of armed forces.

(3) A person who intends to receive a family death gratuity or a service member death gratuity under Article 41 of the Act shall submit a written claim for a death gratuity (including a written claim in an electronic format) to the commanding officer of the military unit in which he or she serves, along with the following documents (including electronic documents), as prescribed by Decree of the Ministry of National Defense; and the commanding officer of the military unit shall examine and verify details of the written claim and submit it to the Ministry of National Defense:

1. Documents substantiating the death of, and his or her relationship with, the deceased;

2. Documents substantiating the fact that he or she has supported the deceased (limited to a member of armed forces who has supported the deceased).

Article 46-2(Restrictions on accident benefits for survivors of accident following non-performance of liability for childcare) #

(1) In determining whether a current or former member of the armed forces fails to fulfill his or her responsibility for child rearing pursuant to Article 43 (4) of the Act, the matters prescribed in Appendix 7 shall be taken into consideration.

(2) Article 43 (4) of the Act, a bereaved family member of a member of a member of the armed forces or a former member of a member of the armed forces who intends to file an application for restriction on survivors' benefits for survivors of a member of the armed forces or former member of the armed forces who fails to fulfill his or her responsibility for child rearing for a member of the armed forces or former member of the armed forces (hereafter referred to as "person subject to deliberation on restriction on benefits for survivors" in this Article) shall file an application for restriction on survivors' benefits for survivors in the form prescribed by Decree of the Ministry of National Defense with the Ministry of National Defense, along with the following documents prescribed by Decree of the Ministry of National Defense:

1. A document certifying that he or she is a bereaved family member of a current or former member of the armed forces;

2. A document certifying that the representative of the bereaved family member is the representative of the bereaved family member, if requested by the representative of the bereaved family member in the same order of priority;

3. A document evidencing that a person subject to the deliberation on limitation on benefits fails to fulfill his or her child care responsibility.

(3) Upon receipt of an application under paragraph (2), the Minister of National Defense shall notify a person subject to the deliberation on limitations on benefits of such fact, and receive a document submitted by the person subject to the deliberation on limitations on benefits from such person and verify and investigate the factual relevance.

(4) Where the Minister of National Defense has verified and investigated facts pursuant to paragraph (3), he or she shall determine whether to place restrictions on the payment of accident survivors' benefits and the reduction ratio thereof after deliberation by the Deliberative Committee, and notify the applicant and the person subject to deliberation on restrictions on benefits of the results thereof.

(5) Notwithstanding paragraph (4), where a person subject to deliberation on restrictions on benefits has been determined to restrict survivors' benefits pursuant to Article 39 (3) of the Military Pension Act, the Minister of National Defense may determine whether to restrict the payment of survivors' benefits and the rate of reduction without deliberation by the Council.

(6) The Minister of National Defense shall calculate and pay disaster benefits for survivors of a person subject to deliberation on restrictions on benefits in accordance with the determination under paragraphs (4) and (5). In such cases, the reduced portion of disaster benefits for survivors of a person subject to deliberation on restrictions on benefits shall be paid according to the following classification:

1. Where there is a bereaved family member who is in the same order of priority as that of a person subject to deliberation on limited payment: Where there is only one bereaved family member who is in the same order of priority, the full amount shall be paid to the relevant bereaved family member, and where there are several bereaved family members who are in the same order of priority, the full amount shall be paid to the relevant bereaved family member;

2. Where no bereaved family member exists in the same order of priority as that of a person subject to deliberation on restrictions on benefits:

(a) Where accident benefits for survivors of a bereaved family member are fully reduced: Where only one bereaved family member who is in the next order of priority exists, the benefits shall be fully paid to the relevant bereaved family member; and where several bereaved family members who are in the next order of priority exist, the benefits shall be paid in equal installments;

(b) Where accident benefits for survivors have been partially reduced: Unpaid.

[This Article Added on Apr. 23, 2024]

Article 60(Scope of data subject to request for submission) #

(1) The data, organizations, and institutions that the Minister of National Defense (including persons to whom authority of the Minister of National Defense has been delegated pursuant to Article 61 (1) through (3)) may make a request for submission under Article 52 (2) of the Act shall be as follows: <Amended on Apr. 5, 2023; Apr. 11, 2023; Apr. 23, 2024>

1. A certified copy and an abridged copy of a residence registration card and a family relation certificate: A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of an Eup/Myeon;

2. Computerized information data on matters registered regarding family relations: The Minister of National Court Administration;

3. Computerized information data on resident registration: The Minister of the Interior and Safety;

4. Data on income and data on business registration: The Commissioner of the National Tax Service;

5. Local taxation data, registration data on land, buildings, and automobiles, and documents relating to burial and cremation: A Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

6. Monthly remuneration data, health care benefit data from the health insurance, and health examination result data: The President of the National Health Insurance Corporation;

7. Criminal and investigation history records, and data on missing persons reported: The Commissioner General of the National Police Agency;

8. A copy of criminal court rulings: Chief prosecutor or chief of the branch office of the competent prosecutors’ office;

9. Data on immigration: The Minister of Justice;

10. Registration data of Korean nationals residing abroad: The Administrator of the Overseas Koreans Administration;

11. Data on the registration of persons with disabilities: The Minister of Health and Welfare;

12. Data on the purchase of a public official pension and the supply of and demand for a public official’s accident compensation: The Chairperson and CEO of the Government Employees Pension Service;

13. Data on the purchase and receipt of the Pension for Private School Teachers and Staff: The president of the Korea Teachers Pension;

14. Data for deliberation and resolution by patriots and veterans entitlement commission: The Minister of Patriots and Veterans Affairs;

15. Data on medical treatment, such as medical certificates and medical records, and data on the calculation of medical expenses under the Medical Service Act: The head of a health care institution;

16. Other data equivalent to the data prescribed in subparagraphs 1 through 15 and deemed necessary by the Minister of National Defense: Organizations and institutions possessing the relevant data.

Article 61(Delegation or entrustment of authorities to determine benefits) #

(1) The Minister of National Defense shall delegate the following authority to the Chief of Staff of each armed force in accordance with Article 54 (1) of the Act:

1. Determination on disability compensation provided in Article 33 of the Act;

2. Determination on death compensation provided in Article 39 of the Act.

(2) The Minister of National Defense shall delegate the following authority to the Commander of the Financial Management Corps pursuant to Article 54 (1) of the Act: <Amended on Jul. 13, 2021; Apr. 23, 2024>

1. Determination, payment, and recovery (excluding the authority under Article 46-2 (4) and (5)) of the following benefits:

(a) Disability pension under Article 26 of the Act;

(b) Survivor’s disability pension under Article 34 of the Act;

(d) Survivor’s lump-sum benefits for line-of-duty death under Article 36 of the Act;

(e) Disaster relief money under Article 40 of the Act;

(f) Death gratuity under Article 41 of the Act;

2. Payment and recovery of disability compensation under Article 33 of the Act.

3. Payment and recovery of death compensation under Article 39 of the Act (excluding the authority under Article 46-2 (4) and (5)).

(3) The Minister of National Defense shall delegate his or her authority regarding the determination, payment, and recovery of line-of-duty care benefits (excluding the payment of line-of-duty care benefits under paragraph (5) of this Article) under Article 20 of the Act to the Commander of the Armed Forces Medical Command under Article 54 (1) of the Act.

(4) Deleted. <Jul. 13, 2021>

(5) Pursuant to Article 54 (2) 2 of the Act, the Minister of National Defense shall entrust the President of the National Health Insurance Service with affairs regarding the payment of line-of-duty care benefits and affairs relating thereto under Article 23 (1) and (2) 1 of the Act.

(6) Affairs which the Minister of National Defense may entrust to the head of a postal service agency, a financial company, or similar entity in regard of the payment of other benefits pursuant to Article 54 (2) 3 of the Act shall be as follows:

1. Payment of benefits;

2. Other affairs related to subparagraph 1, which the Minister of National Defense has agreed with the head of a postal service agency, financial company, or similar entity.

Article 63(Processing sensitive information and personally identifiable information) #

If the Minister of National Defense (including persons delegated or entrusted with the authorities or affairs of the Minister of National Defense) deems it inevitable in order to perform the following, he or she may process information about health referred to in the main clause, with the exception of the subparagraphs, of Article 23 (1) of the Personal Information Protection Act or may process data containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of that Act: <Amended on Apr. 23, 2024>

1. Affairs related to the confirmation of reasons for, and determination of, benefits under Article 8 of the Act;

2. Special cases concerning payment of pension under Article 14 of the Act;

3. Affairs regarding change of disability rating, etc. under Article 28 of the Act;

4. Affairs regarding restrictions on benefits due to criminal punishment under Article 42 of the Act;

4-2. Affairs concerning restrictions on disaster benefits for survivors under Article 43 (4) of the Act;

5. Affairs regarding review under Article 47 of the Act;

6. Affairs regarding processing of matters to be reported under Article 53 of the Act;

7. Affairs regarding applying penalty provisions under Article 55 of the Act;

8. Affairs regarding investigations and verifications under Article 9 (1);

9. Affairs regarding payment of benefits to representatives of survivors under Article 12;

10. Affairs regarding approval for payment of benefits subject to recovery in installments under the proviso, with the exception of the subparagraphs, of Article 16 (4);

11. Affairs regarding processing of matters submitted under Article 19 (2) and (3) of the Act;

12. Affairs regarding line-of-duty care, extending period of line-of-duty care, and approval for additional medical care under Articles 21, 22, and 24;

13. Affairs regarding termination of medical care under Article 29;

14. Affairs regarding entitlement to a pension under Article 41 (2);

15. Affairs regarding verifying an entitlement to benefits to change personal information or issue a certificate (including re-issuance of a pension certificate) at the request of a person entitled to benefits under the Act or this Decree.

ENFORCEMENT DECREE OF THE MILITARY ACCIDENT COMPENSATION ACT

Article 1(Purpose) #

Article 2(Criteria for recognizing survivors) #

Article 3(Detailed criteria for recognizing line-of-duty accidents) #

Article 3-2(Special cases concerning recognition of accidents in line of duty) #

Article 4(Chairperson of Military Accident Compensation Council) #

Article 5(Meetings of military accident compensation Council) #

Article 6(Allowances for military accident compensation Council) #

Article 7(Dismissal or decommissioning of Council members) #

Article 8(Detailed operational rules of Council) #

Article 9(Confirmation of reasons for, and determination of, benefits) #

Article 10(Methods of benefit payment) #

Article 11(Reference date for computation of benefits) #

Article 12(Method of paying benefits to representative of survivors) #

Article 13(Special cases concerning recipients of benefits) #

Article 14(Timing for payment of pension) #

Article 15(Issuance of pension certificate) #

Article 16(Recovery of benefits) #

Article 17(Write-off) #

Article 18(Third party's compensation for damage and mediation) #

Article 19(Investigation into personal affairs of pension beneficiaries) #

Article 20(Application for change of types of disability pension) #

Article 21(Approval for line-of-duty care) #

Article 22(Extending period of line-of-duty care) #

Article 23(Appointment of medical care advisors) #

Article 24(Requirements and procedures for additional medical care) #

Article 25(Standards for payment of line-of-duty care benefits) #

Article 26(Application for and payment of line-of-duty care benefits) #

Article 27(Medical care at medical institutions, other than health care institutions) #

Article 28(Change of health care institutions) #

Article 29(Termination of medical care) #

Article 30(Claim for disability pension) #

Article 31(Decision on rating for disability pension) #

Article 32(Change of disability rating) #

Article 33(Extinguishment of entitlement to disability pension) #

Article 34(Reporting on loss of entitlement to disability pension) #

Article 35(Disability pension for missing persons) #

Article 36(Marriage period not counted towards split pension and lump-sum payment) #

Article 37(Scope of recognition of injury incurred in performance of special duties and additional allowances for disability compensation) #

Article 38(Claims for survivor’s disability pension) #

Article 39(Claims for survivor’s pension for line-of-duty death and survivor’s lump-sum benefits for line-of-duty death) #

Article 40(Survivor’s pension for line-of-duty death if not known to be dead or alive) #

Article 41(Reporting on loss and transfer of entitlement to survivor’s disability pension or survivor's pension for line-of-duty death) #

Article 42(Substantiating missing status of beneficiary) #

Article 43(Scope of recognition of special line-of-duty death and additional payment on death compensation) #

Article 44(Payment standards and claims for relief benefits) #

Article 45(Persons eligible for death gratuities and claims therefor) #

Article 45-2(Hazardous factors related to children with impaired health) #

Article 45-3(Criteria for grading according to degree of disability of children with impaired health) #

Article 46(Restrictions on benefits for reasons of intent or gross negligence) #

Article 46-2(Restrictions on accident benefits for survivors of accident following non-performance of liability for childcare) #

Article 47(Procedures for filing application for review) #

Article 48(Succession to requests for review) #

Article 49(Chairperson of Review Committee) #

Article 50(Meetings of Review Committee) #

Article 51(Notice to relevant persons) #

Article 52(Attendance of claimant for review) #

Article 53(Decisions on review) #

Article 54(Effect of decision) #

Article 55(Secretaries and clerks of Review Committee) #

Article 56(Allowances of members of Review Committee) #

Article 57(Detailed rules for operation of Review Committee) #

Article 58(Extension of prescription) #

Article 59(Time for taking effect) #

Article 60(Scope of data subject to request for submission) #

Article 61(Delegation or entrustment of authorities to determine benefits) #

Article 62(Keeping of books) #

Article 63(Processing sensitive information and personally identifiable information) #