NATIONAL PENSION ACT [See entire ACT]

CHAPTER IV PENSION BENEFITS SECTION 3 Disability Pensions

Article 67 (Disability Pension Beneficiaries)

(1) With respect to a person who suffers from a physical or mental disability despite having completely recovered from a disease (referring to cases where the date of the first medical examination on the relevant disease occurs within the insurance coverage period including cases where an insured person was unaware of the outbreak of a disease at the time he/she became insured; hereafter the same shall apply in this Section and Section 4) or injury that occurred during the insurance coverage period, a disability pension shall be paid according to the degree of disability for as long as the disability persists.
(2) If a person who sustains a disease or injury referred to in paragraph (1) fails to completely recover even after one and a half years since the date of the first medical examination, the degree of disability shall be determined as of the date on which the one and a half years have passed: Provided, That where a person who was not entitled to a disability pension on the date on which the one and a half years have passed becomes entitled to the payment of a disability pension before reaching age 60 due to a worsening of a disease or injury, the degree of disability shall be determined at the request of the person in question, as of the date of such request.
(3) Where a person whose entitlement to a disability pension has terminated pursuant to Article 70 (1) regains entitlement to a disability pension before reaching age 60 due to a worsening of a disease or injury from which he/she suffered at the time he/she acquired entitlement to the disability pension, the degree of disability shall be determined at the request of the person in question based on the date of such request.
(4) If a person who is entitled to a disability pension has been paid a lump-sum refund pursuant to Article 77, he/she shall not be paid a disability pension.
(5) Degrees of disabilities shall be classified into disabilities in the first, second, third, and fourth degrees, and matters concerning the criteria for the classification of degrees of disabilities and examination of the extent of disability shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 46 (Degree, etc. of Disability)

(1) The criteria for the classification of the degree of disability under Article 67 (5) of the Act shall be as shown in attached Table 2.
(2) The Service shall examine the degree of disability in order to determine a disability grade.
(3) The Service may appoint disability examination commissioners or advisory physicians for the proper examination of the degree of disability.
(4) Necessary matters concerning the qualification of disability examination commissioners and advisory physicians, criteria of determination of the degree of disability, etc. shall be determined and announced by the Minister of Health and Welfare.

Article 68 (Disability Pension Amount)

(1) The amount of a disability pension according to the degree of disability shall be as follows:
1. For a person with a disability in the first degree, the basic pension amount, plus a dependant pension amount;
2. For a person with a disability in the second degree, an amount equivalent to 800/1000 of the basic pension amount, plus a dependant pension amount;
3. For a person with a disability in the third degree, an amount equivalent to 600/1000 of the basic pension amount, plus a dependant pension amount.
(2) With respect to a person with a disability in the fourth degree, an amount equivalent to 2250/1000 of the basic pension amount shall be paid as a lump-sum compensation.

Article 69 (Adjustment of Overlapped Disability Pension Payments)

When a beneficiary of a disability pension again becomes disabled to whom a disability pension is paid due to another disability, his/her disability pension shall be paid according to the degree of disability determined by combining the extent of both the former and latter disabilities: Provided, That if the amount of the disability pension according to the combined degrees of the former and latter disabilities is smaller than the former amount of the disability pension, the former amount of the disability pension shall be paid.

Article 70 (Changes, etc. in the Amount of Disability Pension)

(1) If a beneficiary’s degree of disability is altered as a result of a disability examination, the Service shall modify the amount of the disability pension according to the degree of disability so altered, and if the beneficiary no longer qualifies as having disability, he/she shall not be entitled to the disability pension.
(2) If the disability of a disability pension beneficiary worsens, he/she may request the Service to modify the amount of his/her disability pension.
(3) The severity of disability pursuant to paragraphs (1) and (2) shall be determined based on the date on which a disease or injury is completely cured, and if a disease or injury is not completely cured by the following applicable date, the severity of disability shall be determined based on the relevant date:
1. In cases falling under paragraph (1): the date prescribed by Presidential Decree, such as the last day of the month during which a cycle designated by the Service according to the probability of changes in disability degree arrives;
2. In cases falling under paragraph (2): the date on which a beneficiary requests a modification to the amount of his/her disability pension.
(4) Paragraphs (1) and (2) shall not apply to a beneficiary of a disability pension who is aged not less than 60.

Enforcement Ordinance

Article 46-2 (Modification, etc. to Amount of Disability Pension)

The degree of disability referred to in Article 70 (3) 1 of the Act shall be determined on any of the following dates:
1. Where a cycle to review the degree of disability designated by the Service considering the probability of alterations of the disability degree has arrived: the last day of the month in which the date such cycle arrives falls;
2. Where a person failed to submit the data related to review although a cycle to review the degree of disability referred to in subparagraph 1 has arrived, so he/she submits relevant data after the payment of a disability pension has been suspended pursuant to Article 86 (1) of the Act: the date the relevant data are submitted.
3. Where a person requests the payment of a disability pension after the month following the month in which the date of complete recovery referred to in Article 67 (1) of the Act falls, or the date one and a half years have passed since the date of the first medical examination referred to in Article 67 (2) falls: the date the payment of a disability pension is requested.
[This Article Newly Inserted by Presidential Decree No. 23908, Jun. 29, 2012]

Article 71 (Evaluation of Lump-Sum Compensation)

When applying to a beneficiary of a lump-sum compensation amount under Article 68 (2) an adjustment of overlapped payment of benefits under Article 56, an adjustment of overlapped payment of disability pensions under Article 69, a modification of the disability pension amount under Article 70, or extinctive prescription under Article 115 (1), the amount computed by dividing an amount equivalent to 400/1000 of the basic pension amount by 12 shall be deemed to have been paid for 67 months from the month following the month in which the grounds for payment of the lump-sum compensation arose.

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

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