NATIONAL PENSION ACT [See entire ACT]

CHAPTER II PERSONS INSURED UNDER NATIONAL PENSION SCHEME

Article 6 (Coverage)

A national of the Republic of Korea who resides in the territory of the Republic of Korea and who is aged between 18 and under 60 shall be insured under the National Pension Scheme: Provided, That public officials, military personnel and private school teachers and staff to whom the Public Officials Pension Act, the Veterans' Pension Act and the Pension for Private School Teachers and Staff Act apply, respectively and other persons as prescribed by Presidential Decree shall be excluded herefrom.

Enforcement Ordinance

Article 18 (Persons Excluded from Coverage)

Any of the following persons shall be excluded from the coverage of the National Pension Scheme pursuant to the proviso to Article 6 of the Act:
1. An employee under age 60 engaged in a special occupational category and has acquired entitlement to the old age pension pursuant to Article 61 (1) of the Act and Article 2 of the Addenda to the National Pension Act (Act No. 8541);
2. A person who has acquired entitlement to the early old age pension referred to in Article 61 (2) of the Act: Provided, That persons for whom the payment of the early old age pension is suspended as pursuant to Article 66 (1) of the Act shall be excluded.

Article 7 (Types of Insured Status)

Insured persons shall be classified into workplace-based insured persons, individually insured persons, voluntarily insured persons, and voluntarily and continuously insured persons.

Article 8 (Workplace-Based Insured Persons)

(1) An employee or employer aged between 18 and under 60 in a workplace prescribed by Presidential Decree in consideration of type of business and number of employees, etc. (hereinafter referred to as “mandatorily applicable workplace”) shall become workplace-based insured as a matter of course: Provided, That the foregoing shall not apply to any of the following persons:
1. A person who becomes entitled to a retirement pension, disability pension, or lump-sum retirement pension under the Public Officials Pension Act, the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act, or a retirement pension, wounded veterans' pension, or lump-sum retirement pension under the Military Pension Act (hereinafter referred to as "beneficiary of a retirement pension, etc."): Provided, That the foregoing shall not apply where a beneficiary of a retirement pension, etc. has applied for aggregation as prescribed in Article 8 of the Act on Aggregation of National Pension and Occupational Pensions;
2. Deleted.
(2) Notwithstanding paragraph (1) and Article 6, an employee under age 18 engaged in a workplace covered by the National Pension Service, shall be deemed a workplace-based insured person. Provided, That if he/she does not wish to be a workplace-based insured person, he/she may opt not to be a workplace-based insured person.
(3) Notwithstanding paragraph (1), a recipient of financial assistance defined in the National Basic Living Security Act can elect not to become workplace-based insured if he/she so desires.

Enforcement Ordinance

Article 19 (Mandatorily Applicable Workplace)

(1) A mandatorily applicable workplace under Article 8 (1) of the Act shall be a workplace falling under any of the following subparagraphs:
1. A workplace employing at least one employee;
2. A workplace of a foreign institution located in the Republic of Korea, which employs at least one national of the Republic of Korea.
(2) Where each workplace is related as the main office, a branch office or agency and is under one business administration, it shall be deemed as one place of business and, therefore, paragraph (1) shall apply.

Article 9 (Individually Insured Persons)

A person who is not a workplace-based insured person under Article 8 and who is aged between 18 and under 60 shall become individually insured as a matter of course: Provided, That the foregoing shall not apply to a person who falls under any of the following subparagraphs:
1. A non-income earner whose spouse falls under any of the following categories:
(a) A person who is excluded from the coverage of the National Pension Scheme under the proviso to Article 6;
(b) A workplace-based insured person, individually insured person, or voluntarily and continuously insured person;
(c) An employee of a special post office;
(d) A beneficiary of an old-age pension or a beneficiary of a retirement pension, etc.;
2. A beneficiary of a retirement pension, etc.: Provided, That where a beneficiary of a retirement pension, etc. has applied for aggregation as prescribed in Article 8 of the Act on Aggregation of National Pension and Occupational Pensions, the foregoing shall not apply;
3. A person aged between 18 and under 27 and who has no income for reasons such as study or military service (excluding those who have ever paid contributions);
4. A recipient of assistance under the National Basic Living Security Act;
5. A person whose whereabouts is unknown for at least one year. In such case, the criteria and method to recognize that a person’s whereabouts is unknown shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 20 (Criteria and Method of Determination of Persons Whose Whereabouts is Unknown)

(1) The certification of a person whose whereabouts is unknown under subparagraph 5 of Article 9 of the Act shall follow the confirmation by the Governor of the Special Self-Governing Province or the head of the Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply).
(2) The period in which the whereabouts of a person has been unknown under paragraph (1) is reckoned from the date the Governor of the Special Self-Governing Province or the head of the Si/Gun/Gu confirms such fact.
(3) Notwithstanding paragraph (1), where the pension premiums of a person whose whereabouts is unknown have been paid, the period in which the corresponding pension premiums have been paid shall not be included in the period in which the whereabouts of the person has been unknown.
(4) Where the whereabouts of a person whose pension premiums have been paid under paragraph (3) is confirmed unknown again under paragraph (1), the period in which the whereabouts of the person is unknown shall be reckoned from the date it is confirmed again that the whereabouts of the person is unknown after the payment of pension premiums.

Article 10 (Voluntarily Insured Person)

(1) A person who does not fall under any of the following subparagraphs and who is aged between 18 and under 60 may become voluntarily insured if he/she submits an application for coverage by the National Pension Scheme to the National Pension Service, as determined by Ordinance of the Ministry of Health and Welfare:
1. Workplace-based insured person;
2. Individually insured person.
(2) A voluntarily insured person may withdraw from the coverage of the National Pension Scheme by submitting an application for such to the National Pension Service, as prescribed by Ordinance of the Ministry of Health and Welfare.

Article 11 (Timing of Acquisition of Insured Status)

(1) A workplace-based insured person shall acquire insured status on the date on which he/she falls under any of the followings:
1. When he/she gets hired in the workplace referred to in the main sentence of Article 8 (1) or becomes an employer of such workplace;
2. When his/her workplace becomes a mandatorily applicable workplace.
(2) An individually insured person shall acquire his/her insured status on the date on which he/she falls under any of the followings. If such person cannot verify when income has occurred in cases referred to in subparagraph 3 or 4, he/she acquires such insured status on the date on which he/she files a report pursuant to Article 21 (2):
1. When he/she loses the status of a workplace-based insured person;
2. When he/she ceases to be excluded from the coverage of the National Pension Scheme under the proviso to Article 6;
3. When his/her spouse referred to in Article 9 earns separate income;
4. When a person aged between 18 and under 27 earns income.
(3) A voluntarily insured person shall acquire insured status on the date on which the application for coverage is accepted.

Article 12 (Timing for Loss of Insured Status)

(1) A workplace-based insured person shall lose insured status on the date following the date he/she falls under any of the following subparagraphs: Provided, That in cases falling under subparagraph 5, he/she shall lose insured status on the same date that he/she falls under that subparagraph:
1. When he/she dies;
2. When he/she loses his/her nationality or emigrates overseas;
3. When his/her employment relationship terminates;
4. When he/she reaches age 60;
5. When he/she becomes excludable from coverage by the National Pension Scheme under the proviso to Article 6.
(2) An individually insured person shall lose the insured status on the date following the date he/she falls under any of the following subparagraphs: Provided, That in cases under subparagraphs 3 and 4, he/she shall lose the insured status on the same date that he/she falls under those subparagraphs:
1. When he/she dies;
2. When he/she loses his/her nationality or emigrates overseas;
3. When he/she becomes excludable from coverage by the National Pension Scheme under the proviso to Article 6;
4. When he/she acquires the status of a workplace-based insured person;
5. When he/she no longer has a separate income as the spouse of a person falling under subparagraph 1 of Article 9;
6. When he/she reaches age 60.
(3) A voluntarily insured person shall lose insured status on the date following the date he/she falls under any of the following subparagraphs: Provided, That in cases under subparagraphs 6 and 7, he/she shall lose his/her insured status on the same date he/she falls under those subparagraphs:
1. When he/she dies;
2. When he/she loses his/her nationality or emigrates overseas;
3. When an application for withdrawal as referred to in Article 10 (2) is received;
4. When he/she reaches age 60;
5. When he/she continues to fail to pay contributions for a period exceeding that prescribed by Presidential Decree;
6. When he/she acquires the status of a workplace-based insured person or an individually insured person;
7. When he/she becomes excludable from the coverage by the National Pension Scheme under the proviso to Article 6.

Enforcement Ordinance

Article 21 (Loss of Insured Status Resulting from Contributions in Arrears)

The period of delinquency in the payment of contributions for which the status of a voluntarily insured person and voluntarily and continuously insured person is to be lost under Articles 12 (3) 5 and 13 (3) 4 of the Act shall be three months: Provided, That if it is proved that contributions could not have been paid within a specified period of time due to natural disasters or other inevitable causes, the same shall not apply.

Article 13 (Voluntarily and Continuously Insured Persons)

(1) Notwithstanding Article 6, any person who falls under any of the following may become voluntarily and continuously insured if he/she files an application for membership with the National Pension Service, as prescribed by Ordinance of the Ministry of Health and Welfare, until he/she reaches age 65. In such cases, such entitlement shall be obtained on the date the application is accepted:
1. A person currently or formerly insured by the National Pension Service, who has reached age 60: Provided, That any of the following persons shall be excluded herefrom:
(a) A person who has never paid a contribution;
(b) An old age pension beneficiary receiving pension benefits;
(c) A person who has received a lump-sum refund on the grounds prescribed in Article 77 (1) 1;
2. A currently or formerly insured by the National Pension Service as an employee in occupational categories prescribed by Presidential Decree for at least three fifths of the total insurance coverage period of the National Pension Service (hereinafter referred to as "employees in special occupational categories"), who is not paid old age pension benefits, among the following persons:
(a) A person who has acquired entitlement to an old age pension pursuant to Article 61 (1);
(b) A person who has acquired entitlement to a special old age pension pursuant to Article 5 of the Addenda to the National Welfare Pension Act (Act No. 3902).
(2) A voluntarily and continuously insured person may opt out of the coverage of the National Pension Scheme by submitting an application to the National Pension Service, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) A voluntarily and continuously insured person shall lose entitlement on the day following the date he/she falls under any of the following cases:
1. When he/she dies;
2. When he/she loses his/her nationality or emigrates overseas;
3. When an application for withdrawal pursuant to paragraph (2) is accepted;
4. When he/she continuously fails to pay contributions for at least the period prescribed by Presidential Decree.

Enforcement Ordinance

Article 22 (Employees in Special Occupational Categories)

(1) "Occupation prescribed by Presidential Decree" in the parts other than each item of Article 13 (1) 2 of the Act shall be as follows:
1. A mining business defined in subparagraph 2 of Article 3 of the Mining Industry Act (limited to in-pit works);
2. A fishery business defined in subparagraph 2 of Article 2 of the Fisheries Act on board fishing vessels among the ships defined in Article 3 of the Seafarers Act (limited to cases where a person directly engaged in fishing as an assistant).
(2) In cases falling under paragraph (1), if the insurance coverage period as an employee in a special occupational category is less than 3/5 of his/her total insurance coverage period, the employee shall not be deemed an employee engaged in a special occupational category.

Enforcement Ordinance

Article 21 (Loss of Insured Status Resulting from Contributions in Arrears)

The period of delinquency in the payment of contributions for which the status of a voluntarily insured person and voluntarily and continuously insured person is to be lost under Articles 12 (3) 5 and 13 (3) 4 of the Act shall be three months: Provided, That if it is proved that contributions could not have been paid within a specified period of time due to natural disasters or other inevitable causes, the same shall not apply.

Article 14 (Confirmation of Insured Status)

(1) The National Pension Service shall confirm the acquisition or loss of insured status for all insured persons.
(2) The acquisition or loss of insured status shall take effect at the time the insured status is acquired or lost under Articles 11 through 13 with the confirmation of the National Pension Service as referred to in paragraph (1).
(3) The confirmation referred to in paragraph (1) shall be made at the request of an insured person, by a report filed pursuant to the provision of Article 21, or at the discretion of the National Pension Service.
(4) A currently or formerly insured may, at any time, request confirmation of the acquisition and loss of insured status, or changes in the type of insured status, as prescribed by Ordinance of the Ministry of Health and Welfare.

Article 15 (Presumption of Death)

A person concerning whom it is impossible to ascertain whether he/she is alive after being aboard a ship or aircraft involved in an accident, or a person regarding whom it is impossible to know whether he/she is alive due to other reasons, shall be presumed deceased in relation to the confirmation of the eligibility of an insured person and the payment of a pension, as prescribed by Presidential Decree.

Enforcement Ordinance

Article 23 (Presumption of Death)

(1) A person referred to in any of the following subparagraphs shall be presumed to be deceased under Article 15 of the Act:
1. When the survival or death of a person who was on board a ship which has sunken, capsized, gone missing or disappeared, or an airplane which has crashed, disappeared or gone missing is unknown for at least three months from the date such accident occurred;
2. When a person who was on board a navigating ship or plane is missing and his/her survival or death is unknown for at least three months;
3. When a person's survival or death is unknown for at least three months due to a natural disaster or other causes equivalent to such disaster.
(2) A person who is presumed deceased under paragraph (1) shall be presumed deceased on the date the accident occurred or the person’s whereabouts becomes unknown.
(3) If a person whose survival or death was unknown due to a cause referred to in the subparagraphs of paragraph (1) is confirmed deceased within 3 months from the date an accident occurred or the person's whereabouts is unknown, but when the time of death is unclear, he/she shall be presumed deceased on the date such accident occurred or the person's whereabouts becomes unknown.

Article 16 (Insurance Certificates)

(1) The National Pension Service shall issue a national pension insurance certificate to an insured person if he/she desires so.
(2) Detailed information to be stated in a national pension insurance certificate referred to in paragraph (1) shall be prescribed by Presidential Decree.
(3) Matters necessary for issuing certificates referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Health and Welfare.

Enforcement Ordinance

Article 23-2 (Details to be Stated in National Pension Insurance Certificates)

Details that should be contained in a national pension insurance certificate as pursuant to Article 16 (2) of the Act shall be as follows:
1. Personal information on an insured person;
2. Type of insurance an insured person subscribes to and the date of acquiring the insured status.
[This Article Newly Inserted by Presidential Decree No. 23359, Dec. 8, 2011]

Article 17 (Calculation of Insurance Coverage Period)

(1) An insurance coverage period under the National Pension Scheme (hereinafter referred to as "insurance coverage period") shall be calculated on a monthly basis, beginning with the month immediately following the month in which a person acquires insured status, and ending with the month in which the date immediately preceding the date on which the person loses such status falls: Provided, That in any of the following cases, the month in which a person acquires insured status shall be included in the insurance coverage period, buf if an insured person re-acquires insured status in the month of the date immediately preceding the date he/she lost insured status, the month in which he/she re-acquires the insured status shall not count toward the insurance coverage period:
1. Where the date of acquisition of the insured status is the first day of the month in which such date falls (excluding cases where a person loses again his/her insured status in the month of the date of acquisition of such status);
2. Where a person acquires the status of a voluntarily and continuously insured person;
3. Where an insured person so desires.
(2) The period during which no contribution is paid shall not be counted when computing the insurance coverage period: Provided, That where an employer who has deducted employee contributions from the wages of an employee fails to pay the contributions, a period corresponding to 1/2 of the period of not paying contributions shall be included in the insurance coverage period of such employee. In such case, a period of less than one month shall be counted as one month.
(3) Where the National Health Insurance Corporation (hereinafter referred to as "Health Insurance Corporation") established under Article 13 of the National Health Insurance Act notifies an employee of his/her workplace's default on the payment of contributions, as prescribed by Ordinance of the Ministry of Health and Welfare, the default period starting from the month immediately following the notified default month shall not count towards the insurance coverage period, notwithstanding the proviso to paragraph (2). In such case, such employee may make his/her contributions to the Health Insurance Corporation, as prescribed by Presidential Decree, notwithstanding Article 90 (1).
(4) Where a lump-sum refund paid under Article 77 corresponds to benefits to be recovered pursuant to Article 57 (1), when such benefits are not returned, a period corresponding to such shall not count towards the insurance coverage period.

Enforcement Ordinance

Article 24 (Individual Payment of Employee Contributions)

(1) Where an employee intends to fully or partially pay the employee contributions to be borne by himself/herself among delinquent pension premiums incurred from the month immediately following the month a notice of default on payment is given pursuant to the latter part of Article 17 (3) of the Act, he/she shall pay the relevant pension premiums to the National Health Insurance Corporation established under Article 13 of the National Health Insurance Act (hereinafter referred to as the "Health Insurance Corporation"), within five years from the monthly payment deadline for the relevant pension premiums.
(2) If the Health Insurance Corporation receives or collects from an employer all or part of the delinquent pension premiums incurred from the month immediately following the month a notice of default on payment is given pursuant to Articles 88 (2) and 95 (4) of the Act, the Health Insurance Corporation shall return employee contributions paid in duplicate by an employee to the relevant employee, plus the interests added thereto. In such cases, Article 73 (3) shall apply mutatis mutandis to the interest rate.

Article 17-2 (Calculation of Insurance Coverage Period for Month of Partial Payment of Contribution)

(1) In calculating an insurance coverage period, if a contribution has been partially paid, such partially paid contribution shall be appropriated for payment of contributions payable, arrears, etc. of any month in which a contribution was partially paid, and the month in which contribution is fully paid after appropriation shall be included in the insurance coverage period. In such cases, matters necessary for the objects and method of appropriation, calculation of the insurance coverage period, and payment of pension benefits and other matters shall be prescribed by Presidential Decree.
(2) If some contributions remain unpaid even after an appropriation has been made pursuant to paragraph (1), such contributions shall be refunded in the month in which the first pension benefits are paid: Provided, That where a currently or formerly insured makes a request, the unpaid contributions, arrears, etc. in the month of partial payment of contributions may be collected, notwithstanding Article 99, and included in the insurance coverage period of the relevant month.
(3) Where contributions, arrears, etc. are refunded or collected pursuant to paragraph (2), accrued interest prescribed by Presidential Decree shall be added thereto.
[This Article Newly Inserted by Act No. 10783, Jun. 7, 2011]

Enforcement Ordinance

Article 24-2 (Calculation, etc. of Insurance Coverage Period for Month in which Pension Premiums are Partially Paid)

(1) If some of pension premiums (limited to pension premiums of an individually insured person, voluntarily insured person, and voluntarily and continuously insured person; hereafter the same shall apply in this Article) have been paid when a currently or formerly insured requests an old age pension or his/her bereaved family requests a survivor pension, the Service shall appropriate the pension premium partially paid in the last month to the arrears and unpaid pension premium for the first month, in consecutive order. In such cases, the standard monthly income for the month in which payment was made in full and the annual revaluation rate for each year shall be applied when counting the month for which payment was made in full after such appropriation towards the insurance coverage period.
(2) Where the Service refunds a partially paid pension premium pursuant to the main sentence of Article 17-2 (2) of the Act, it shall refund the money to the beneficiary of an old age pension or survivor pension, and where the beneficiary dies before he/she receives such refund, the relevant pension premium shall be returned to a person entitled to make a request for unpaid benefits under Article 55 of the Act.
(3) Where a currently or formerly insured makes a request under the proviso to Article 17-2 (2) of the Act, he/she shall pay unpaid pension premiums and arrears of the month for which payment was partially made, and interest referred to in paragraph (4), to the Service by 10th of the month immediately following the month such request was made. In such cases, the Service shall refund the partially paid pension premiums where a currently or formerly insured who has made a request for payment falls under any of the following cases:
1. Where he/she dies before he/she makes a payment;
2. Where he/she receives an old age pension;
3. Where he/she fails to make a payment by the payment deadline.
(4) Interest referred to in Article 17-2 (3) of the Act shall be calculated based on the number of months in the following applicable periods, and the interest rate shall be the interest rate of a time deposit with one year maturity for the relevant period (where such interest rates are altered during the relevant calculation period or where the interest rates vary among banks, the applicable interest rate shall be computed by averaging the interest rates applied by banks operating nationwide, which are established under the Banking Act as of January 1 of the relevant year; hereinafter the same shall apply):
1. Where a partially paid pension premium is refunded: From the month immediately following the month a partial payment was made, to the month grounds for payment of pension benefits have arisen;
2. Where an unpaid pension premium for the month partial payment was made is collected: From the month immediately following the month the payment deadline for pension premium for the relevant month falls to the month a request referred to in paragraph (3) is made.
[This Article Newly Inserted by Presidential Decree No. 23359, Dec. 8, 2011]

Article 18 (Inclusion of Additional Insurance Coverage Period for Military Service)

(1) Where any of the following persons acquires entitlement to an old-age pension (including cases where a person can be entitled to an old-age pension if an additional period is added to his/her coverage period under this Article), six months shall be added to the calculation of the insurance coverage: Provided, That this shall not apply where the period during which a person performed mandatory military service under the Military Service Act is less than six months:
1. A person with active duty service under Article 5 (1) 1 of the Military Service Act;
2. Public interest service personnel referred to in Article 2 of the Military Service Act.
(2) Notwithstanding paragraph (1), paragraph (1) shall not apply to any of the following cases:
1. Where the whole or part of the period for which a person served mandatory military service under the Military Service Act is added to the term of service under the Public Officials Pension Act, the Pension for Private School Teachers and Staff Act and the Special Post Offices Act, or to the military service period under the Veterans' Pension Act;
2. Where a person has paid contributions during the period for which he/she served mandatory military service under the Military Service Act and such period is recognized as an insurance coverage period: Provided, That where the relevant insurance coverage period is less than 6 months, such period shall be excluded.
(3) The financial resources required for the inclusion of additional insurance coverage periods under paragraph (1) shall be wholly borne by the State.

Article 19 (Inclusion of Additional Insurance Coverage Period for Childbirth)

(1) When a currently or formerly insured having two or more children acquires entitlement to an old-age pension (including where a person can acquire entitlement to an old-age pension if an additional period should be added to his/her coverage period under this Article), an additional period shall be added thereto as specified in the following subparagraphs: Provided, That such additional period shall not exceed 50 months; necessary matters concerning the method of recognition of the number of children and similar matters shall be prescribed by Presidential Decree:
1. Where the number of children is two: 12 months;
2. Where the number of children is three or more: 12 months recognized for two children plus 18 months for each additional child.
(2) Where both parents are currently or formerly insured, the additional period referred to in paragraph (1) shall be added to only one of the two parents' insurance coverage periods by agreement between the father and the mother, and when the parents fail to reach agreement, the additional period shall be equally divided to be added to each parent’s insurance coverage period. In such case, necessary matters concerning the procedure of agreement, etc. shall be determined by Ordinance of the Ministry of Health and Welfare.
(3) The financial resources required for the inclusion of the additional coverage periods referred to in paragraph (1) shall be borne by the State in whole or in part.

Enforcement Ordinance

Article 25 (Scope of Recognition of Children, etc.)

(1) A child who counts towards an insurance coverage period pursuant to Article 19 of the Act shall be any of the following persons (including a deceased person at the time an additional insurance coverage period is calculated):
1. A child of biological parents, child recognized as born, adopted child, or child adopted through full adoption under the Civil Act;
2. An adopted child under the Act on Special Cases concerning Adoption.
(2) If a child referred to in paragraph (1) falls under any of the following cases when his/her father or mother (including foster parents; hereafter the same shall apply in this paragraph) acquires entitlement to an old age pension, such child shall not count toward the relevant father's or mother's insurance coverage period:
1. When the child is adopted by another person;
2. When the adoptive relationship is dissolved.
(3) No one shall add an additional period to his/her insurance coverage period with respect to a child for whom an additional period counted toward the insurance coverage period of currently or formerly insured under Article 19 of the Act.

Article 19-2 (Additional Inclusion of Unemployment in Insured Period of Cover)

(1) When a person meeting all the following requirements and receiving a job seeker's allowance under Article 37 (1) of the Employment Insurance Act files an application with the National Pension Service to include the period during which the job seeker's allowance is received in the insured period of cover, the National Pension Service shall additionally include such period in the insured period of cover: Provided, That the additionally included period shall not exceed one year:
1. He/she shall be currently or formerly insured, among those aged between 18 and under 60;
2. His/her property or income prescribed by Presidential Decree shall be below the standards prescribed and announced by the Minister of Health and Welfare.
(2) In regard to a period included in the insured period of cover pursuant to paragraph (1), he/she shall be deemed insured by the National Pension Service based on income equivalent to half the amount of wage, which is converted from daily wages to monthly wages (hereinafter referred to as "recognized income" in this Article), which serves as the basis of calculating the job seeker's allowance under Article 45 of the Employment Insurance Act: Provided, That the upper limit and the lower limit of the recognized income shall be the amount prescribed and announced by the Minister of Health and Welfare.
(3) Where a currently or formerly insured intends to additionally include the period during which a job seeker's allowance is received in the insured period of cover pursuant to paragraph (1), he/she shall pay contributions based on the recognized income. In such cases, the Government may fully or partially subsidize contributions from general accounts, the National Pension Fund under Article 101, and the Employment Insurance Fund under Article 78 of the Employment Insurance Act.
(4) Where an additionally included period in the insured period of cover (hereinafter referred to as "additionally included period" in this paragraph) pursuant to paragraph (1) is applied to benefits under subparagraphs 1 through 3 of Article 49, each of the following subparagraphs shall apply:
1. Old age pension under subparagraph 1 of Article 49: An additionally included period shall be reflected in the amount of basic pension under Article 51;
2. Disability pension under subparagraph 2 of Article 49: No additionally included period shall be reflected in any amount of basic pension under Article 51;
3. Survivor pension under subparagraph 3 of Article 49: No additionally included period shall be reflected in any amount of basic pension under Article 51, but shall be reflected in the insured period of cover falling under the subparagraphs of Article 74.
(5) The National Pension Service may entrust affairs, such as receiving and processing applications under paragraph (1), to an employment security office under the Employment Insurance Act and other public institutions (referring to public institutions under the Act on the Management of Public Institutions), as prescribed by Presidential Decree.
(6) Necessary matters concerning methods of filing applications under paragraph (1), the range and details of subsidization under paragraph (3), etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13100, Jan. 28, 2015]

Enforcement Ordinance

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Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Article 20 (Aggregate of Insurance Coverage Periods)(

(1) With respect to a person who has re-attained the status of an insured person after losing his/her insured status, the former and latter insurance coverage periods shall be aggregated.
(2) If there is any change in a person's type of insured status, the insurance coverage period for each type of insured status shall be aggregated.

Article 21 (Reporting)

(1) The employer of a workplace-based insured person shall report to the National Pension Service the fact that the workplace falls under a automatically covered workplace, changes in business information, suspension and closure of business, etc., and matters concerning acquisition and loss of insured status, monthly incomes, etc. of insured persons, as prescribed by Ordinance of the Ministry of Health and Welfare.
(2) An individually insured person, voluntarily insured person, or voluntarily and continuously insured person shall report matters concerning the acquisition and loss of insured status, changes in name or address, income, etc. to the National Pension Service, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Where an individually insured person, voluntarily insured person, or voluntarily and continuously insured person is unable to make a report as referred to in paragraph (2) due to unavoidable causes, his/her spouse or any of his/her family members may submit the report on his/her behalf.

Article 22 (Notice to Reporters, etc.)

(1) When the National Pension Service receives a report under Article 21, it shall ascertain the details thereof, and if it deems the details thereof are different from the fact, it shall notify the reporter of such fact.
(2) Article 23 (4) shall apply mutatis mutandis to notification under paragraph (1).

Article 23 (Notice to Insured Persons, etc.)

(1) When the National Pension Service has confirmed the acquisition and loss of a workplace-based insured person's status under Article 14, or determined or adjusted the standard monthly income, it shall notify the employer of the relevant workplace of such fact, and when it has confirmed the acquisition and loss of the insured status of an individually insured person, voluntarily insured person, or voluntarily and continuously insured person, or determined or adjusted the standard monthly income, it shall also notify the relevant individually insured person, voluntarily insured person, or voluntarily and continuously insured person of such fact.
(2) An employer in receipt of notice under paragraph (1) shall notify the relevant workplace-based insured person or the relevant person who has lost insured status of such fact, but if he/she is unable to give such notice because the whereabouts of the person to receive such notice is unknown, he/she shall notify the National Pension Service of such fact.
(3) Where an employer gives notice to a workplace-based insured person or a person who has lost such status pursuant to paragraph (2), he/she shall prepare documents verifying such fact, and preserve such documents for a period prescribed by Ordinance of the Ministry of Health and Welfare.
(4) When any of the following events occurs, the National Pension Service may publicly announce in lieu of giving notice, as prescribed by Ordinance of the Ministry of Health and Welfare:
1. Where a workplace is closed down;
2. Where it does not know the whereabouts of an individually insured person, voluntarily insured person, or voluntarily and continuously insured person, who is to receive notice under paragraph (1);
3. Upon receipt of notice from an employer pursuant to paragraph (2);
4. Other cases of unavoidable circumstances that make it impossible to give notice, which are prescribed by Presidential Decree.

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call (+82) 2-539-0098 or email bongsoo@k-labor.com

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