NATIONAL PENSION ACT [See entire ACT]

CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 113 (Adjustment of Overlapping Benefits Payment)

Where a beneficiary of a disability pension or survivor pension becomes entitled to any of the followings due to the same causes as those that led to him or her being the beneficiary of a disability pension or survivor pension under this Act, the amount of a disability pension paid under Article 68 or survivor pension paid under Article 74 shall be an amount equivalent to 1/2 thereof:
1. Disability compensation under Article 80 of the Labor Standards Act, survivor compensation under Article 82 of the same Act, or a lump-sum compensation under Article 84 of the same Act;
2. Disability benefits under Article 57 of the Industrial Accident Compensation Insurance Act, survivors’ benefits under Article 62 of the same Act, pneumoconiosis compensation annuities under Article 91-3 of the same Act, or pneumoconiosis survivors’ annuities under Article 91-4 of the same Act;
3. Disability compensation under Article 97 of the Seafarers Act, lump-sum compensation under Article 98 of the same Act, or survivor compensation under Article 99 of the same Act;
4. Disability benefits under Article 25 of the Act on Accident Compensation for Fishing Vessels and their Crew Members, lump-sum compensation benefits under Article 26 of the same Act or survivor benefits under Article 27 of the same Act.

Article 114 (Rights of Subrogation, etc.)

(1) When a disability pension or survivor pension is paid because grounds for payment of the disability pension or survivor pension have arisen as a result of an act committed by a third person, the Service shall subrogate the relevant beneficiary to the third person to the extent of the paid benefits.
(2) Where grounds for the payment of a disability pension or survivor pension arise as a result of an act committed by a third person, if the beneficiary of the disability pension or survivor pension is paid an indemnity by the third person on such grounds, the Service shall not pay the disability pension or survivor pension under paragraph (1) up to the limit of the amount of the indemnity paid to such beneficiary.

Article 115 (Periods of Prescription)

(1) The right to collect or recover pension premiums, amounts to be recovered, and other dues under this Act shall be extinguished by prescription if such right has subsisted for a continuous period of three years unexercised, and the right of beneficiaries, insured persons, etc. to receive benefits or to be repaid erroneous or excess payments shall be extinguished by prescription if such right has subsisted for a continuous period of five years unexercised.
(2) The period of prescription applicable to entitlement to benefits shall be suspended for a period of full suspension of the payment of such benefits.
(3) Notice of payment of contributions, or other dues under this Act, demands under Article 57-2 (2) and 95 (1), payment of benefits or request for the return of erroneous or excess payments, etc. shall have the effect of interrupting the relevant extinctive prescription period.
(4) The extinctive prescription interrupted under paragraph (3) shall commence anew from the time when the payment deadline set forth in notice or reminder notice elapses.
(5) When calculating the period for payment of benefits or the request for the return of erroneous or excess payments under paragraph (1), the number of days taken to deliver the relevant documents shall not count towards the period.

Article 116 (Special Cases concerning Extinctive Prescription for Lump-Sum Refund)

(1) Notwithstanding Article 115, when a person who has become entitled to a lump-sum refund under Article 77 (1) 3, former Article 67 (1) 1 (referring to the provision which was amended by the amended National Welfare Pension Act (Act No. 3902) and then repealed by the amended National Pension Act (Act No. 5623)) and former Article 67 (1) 4 (referring to the provisions amended by the amended National Pension Act (Act No. 6027)) falls under Article 77 (1) 1 or 2, he/she may be paid a lump-sum refund.
(2) With respect to entitlement to a lump-sum refund under paragraph (1), the provisions of Article 115 (1) shall apply mutatis mutandis.

Article 117 (Computation of Fractions)

If there is a fractional amount less than ten won in calculating benefits, contributions, refunds, etc. under this Act, it shall be calculated by applying the Management of the National Funds Act mutatis mutandis.

Article 118 (Master National Pension Register)

(1) The Service shall maintain a master national pension register for entering and maintaining records on identity information, acquisition and loss of insured status, payment of contributions, status of the payment of benefits of currently insured persons, formerly insured persons and beneficiaries, and other matters as determined by Ordinance of the Ministry of Health and Welfare.
(2) The Health Insurance Corporation shall enter and keep matters prescribed by Ordinance of the Ministry for Health and Welfare, such as the payment of contributions, extinction of authority to collect, etc., and supply the details thereof to the Service without delay.

Article 119 (Protection of Employees' Rights and Interests)

An employer shall not hinder his/her employee from becoming an insured person, or withhold a promotion or wage increase from, lay off, or treat his/her employee disadvantageously, without any justifiable reason, for the purpose of evading an increase in the employer contribution.

Article 120 (Medical Examinations)

The Service may, if deemed necessary, request a beneficiary of a disability pension or a person who is considered in the calculation of a dependant pension amount to get a medical examination by a doctor designated by the Service, or have its staff confirm the condition of such disability.

Article 121 (Reports, etc.)

(1) A current or former insured or beneficiary shall report to the Service or his/her employer matters concerning the creation, modification, etc. of his/her insured status, contributions and entitlement to benefits, as determined by Ordinance of the Ministry of Health and Welfare.
(2) If a current or former insured or beneficiary dies, a person responsible for filing a report under Article 85 of the Act on the Registration, etc. of Family Relationship shall report such fact to the Service within one month.

Article 122 (Surveys, Questions, etc.)

(1) If deemed necessary for determining an insured person's insured status, standard monthly income, contributions or benefits, or for confirming the creation, modification, termination, suspension, etc. of entitlement to benefits or benefits, the Service may require employers, current or former insured persons or beneficiaries to submit necessary documents or other materials on income, property, etc., or have its staff enter the place of business or other necessary places to survey documents, etc. or ask relevant persons necessary questions.
(2) When the staff of the Service visit, survey or ask questions under paragraph (1), they shall carry along a certificate indicating their authority and present it to relevant persons.

Article 122-2 (Verification of Beneficiaries)

(1) The Service shall establish an annual investigation plan each year and conduct investigations into whether a beneficiary is dead, divorced, or maintains livelihood in order to verify qualifications of the beneficiary and propriety of pension benefits for the beneficiary.
(2) The Service shall submit an annual investigation plan established under paragraph (1) and findings from investigations to the Minister of Health and Welfare by applying mutatis mutandis Article 41 (1) and (2).
(3) Where a beneficiary, his/her spouse, or other related person refuses, obstructs, or evades an investigation conducted under paragraph (1) on at least two occasions, the Service may suspend or stop the payment of pension benefits to such beneficiary. In such cases, it shall notify the beneficiary of such fact, clearly stating grounds for such action in writing.
(4) Matters necessary to determine the scope, method and timing of investigations referred to in paragraph (1) and other matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11143, Dec. 31, 2011]

Enforcement Ordinance

Article 109-2 (Scope, etc. of Verification of Beneficiaries)

(1) The Service shall conduct investigations into beneficiaries to confirm that their entitlement to pension benefits is modified or terminated pursuant to Article 122-2 (1) of the Act.
(2) Investigations referred to in paragraph (1) shall be conducted through data verification, on-site investigations, phone, mail or other methods determined in annual investigation plans referred to in Article 122-2 (1).
(3) Article 56 shall apply mutatis mutandis where the payment of pension benefits is suspended under Article 122-2 (3) of the Act.
[This Article Newly Inserted by Presidential Decree No. 23908, Jun. 29, 2012]

Article 123 (Requests for Data and Use of Computer Networks)

(1) The Service may request the head of a government agency, local government, and any other institution, corporation, or organization prescribed by Presidential Decree, to provide data prescribed by Presidential Decree, such as resident registration, family relation registration, national taxes, local taxes, estates, buildings, health insurance, registration as disabled, necessary data in connection with national pension services, such as management of status of insured persons, charging contributions, determination and payment of benefits. In such cases, the head of a government agency, local government, institution, corporation, or organization, shall provide requested data, except in extenuating circumstance.
(2) If necessary for examining payment of dependant pensions, disability pensions, and survivor pension benefits, the Service may request a medical institution under the Medical Service Act to provide access to, or issue a copy of, relevant medical records of a currently or formerly insured, upon obtaining the consent of the currently or formerly insured (if the currently or formerly insured dies, including a blood-relative under Article 21 (2) 3 of the Medical Service Act), as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the medical institution upon receipt of such request shall comply therewith, except in exceptional circumstances.
(3) In order to verify data under paragraph (1), the Service may use data linkage system under Article 6-2 (2) of the Social Welfare Services Act.
(4) Data provided to the Service pursuant to paragraphs (1) and (3) shall be exempt from user fees, charges, etc.

Enforcement Ordinance

Article 124 (Confidentiality)

No person who serves or has served in the Service shall divulge any confidential information which he/she learned in the course of carrying out his/her duties.

Article 125 (Notice of Reduction and Omission of Income, etc. in Writing)

(1) Where the Service deems that there is a reduction or omission in the matters reported under Article 21, it may report such to the Minister of Health and Welfare and notify the Commissioner of the National Tax Service of data suspicious of reduction or omission of income in a written statement.
(2) The Commissioner of the National Tax Service who has received the statement under paragraph (1), where he/she has performed a tax investigation pursuant to relevant Acts and subordinate statutes, such as the Framework Act on National Taxes, shall notify the Service of matters concerning income contained in the results of such investigation.
(3) The notification procedures under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 110 (Procedure for Notification of Material on Reduction and Omission of Income)

(1) Where an income reported by an employer or insured person referred to in Article 25 (1) of the Act falls under any of the following subparagraphs 1 through 3, and it is deemed that there is a reduction or omission in the income, the Service shall report such fact to the Minister of Health and Welfare and forward the relevant material to the Commissioner of the National Tax Service:
1. Where it is considerably different from the income reported to the Commissioner of the National Tax Service;
2. Where it is considerably lower than the average income of the relevant type of business and type of occupation;
3. Where it is different from the details of the wage ledger and other income-related documents or account books, etc.
(2) Upon receipt of a notice on matters concerning income from the Commissioner of the National Tax Service under Article 125 (2) of the Act, the Service shall reflect such result in the income of the relevant insured person.

Article 126 (Application to Foreigners)

(1) Notwithstanding Article 6, a foreigner employed in a workplace governed by this Act or resides in the Republic of Korea, other than a person prescribed by Presidential Decree, shall be a workplace-based insured person or individually insured person, as a matter of course: Provided, That this shall not apply if any relevant laws of such foreigner's home country does not apply to the citizens of the Republic of Korea with respect to a pension equivalent to the National Pension Scheme under this Act.
(2) The provisions of Articles 77 through 79 shall not apply to any foreigner who has become workplace-based insured or individually insured under the main sentence of paragraph (1): Provided, That this shall not apply to any of the following foreigners:
1. Where a citizen of the Republic of Korea fails to acquire entitlement to benefits (referring to benefits corresponding to benefits under subparagraphs 1 through 3 of Article 49) pursuant to the Acts of the home country of a foreigner, and falls under any of the subparagraphs of Article 77 (1), the foreigner in whose case the laws of his/her home country prescribe that a certain amount (referring to an amount calculated based on contributions paid during the period for which he/she is insured by the Service) shall be paid to such citizen of the Republic of Korea in lump sum;
2. A foreign employee falling under the Act on the Employment of Foreign Employees, etc. employed in a workplace governed by this Act;
3. A person employed in a workplace governed by this Act, who has not left a designated training place for a required training period, maintaining the status of sojourn allowing him/her to engage in industrial training activities under Article 10 of the Immigration Control Act.
(3) Methods, procedures, etc. for reporting on the acquisition of status by a foreigner who becomes workplace-based insured or individually insured pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.

Enforcement Ordinance

Article 111 (Foreigners Excluded from Coverage as Matter of Course)

A foreigner who is excluded from becoming workplace-based insured person or individually insured person as a matter of course under Article 126 (1) of the Act shall be follows:
1. A foreigner who stays without obtaining a permit for an extended period of stay under Article 25 of the Immigration Control Act;
2. A foreigner who fails to make a foreigner registration under Article 31 of the Immigration Control Act or to whom a forced deportation order has been issued under Article 59 (2) of the same Act;
3. A foreigner who is qualified to stay under attached Table 1 of the Enforcement Decree of the Immigration Control Act and determined by Ordinance of the Ministry of Health and Welfare.

Article 127 (Social Security Agreements with Foreign Countries)

Where the Republic of Korea establishes a social security agreement with a foreign country, such social security agreement shall apply to the coverage of the National Pension Scheme, payment of contributions, conditions for the payment of benefits, calculation of the amount of benefits, payment of benefits, etc., notwithstanding this Act.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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