NATIONAL PENSION ACT [See entire ACT]

CHAPTER IV PENSION BENEFITS SECTION 5 LUMP-SUM REFUNDS, ETC.

Article 77 (Lump-Sum Refunds)

(1) If a currently or formerly insured falls under any of the following cases, a lump-sum refund may be paid at the request of the person himself/herself or his/her survivors:
1. When a person whose insurance coverage period is less than ten years reaches age 60;
2. When a person who is a currently or formerly insured dies: Provided, That where a currently or formerly insured with an insurance coverage period of at least 10 years dies, the foregoing shall apply only where the survivor pension is not paid pursuant to the proviso to Article 72 (1) with the exception of its subparagraphs, or Article 85;
3. When the person loses his/her nationality or emigrates overseas.
(2) The amount of a lump-sum refund under paragraph (1) shall be the amount of contributions paid by a currently or formerly insured (including the employer contribution in cases of a currently or formerly workplace-based insured person) plus interest prescribed by Presidential Decree.
(3) Where the payment of a lump-sum refund is claimed pursuant to paragraph (1), the provisions of Article 73 shall apply mutatis mutandis to the scope of survivors, the order of claim priority, etc.

Enforcement Ordinance

Article 50 (Calculation of Lump-Sum Refunds)

The Service shall compute the interest which is to be calculated in addition to a lump-sum refund in calculating the lump-sum refund pursuant to Article 77 (2) or 116 (1) of the Act, by multiplying a period from the month following the month a pension premium is paid (including a postponed contribution under Article 92 of the Act) to the month in which any of the following dates falls by an interest rate of fixed deposits with maturity of three years for the relevant period (where the interest rate is changed during the period of calculating interest or the interest rate is different depending on banks, an applicable interest rate shall be the average interest rate applied by banks conducting business throughout the country among the banks established pursuant to the Banking Act as of January 1 of the relevant year):
1. Where the Service calculates a lump-sum refund pursuant to Article 77 (2) of the Act: The date a ground corresponding to any of the subparagraphs of Article 77 (1) of the Act arises;
2. Where the Service calculates a lump-sum refund pursuant to Article 116 (1) of the Act: Any of the following dates:
(a) Where a lump-sum refund is paid pursuant to Article 67 (1) 1 of the former Act (referring to the provisions amended by the National Welfare Pension Act (Act No. 3902) and subsequently repealed by the National Pension Act (Act No. 5623)), it shall be the date five years have passed from the date a cause for the payment of a lump-sum refund to a beneficiary arose; where a beneficiary reaches age 60 before five years lapse, emigrates overseas, loses his/her nationality, or is insured by another public pension, it shall be the date the relevant cause for payment arose;
(b) Where a lump-sum refund is paid under Article 77 (1) 3 of the Act and Article 67 (1) 4 of the former Act (referring to the amended provisions by the National Pension Act (Act No. 6027)), it shall be the date the relevant cause for payment arose.

Article 78 (Repayment of Lump-Sum Refunds and Insurance Coverage Period)

(1) A person who re-acquires the status of an insured person after he/she is paid a lump-sum refund pursuant to Article 77 may repay the lump-sum refund to the Service, adding to it interest as prescribed by Presidential Decree (hereinafter referred to as "repayment of a lump-sum refund").
(2) The repayment of a lump-sum refund may be made in installments, as prescribed by Presidential Decree. In such case, interest prescribed by Presidential Decree shall apply thereto.
(3) Where the repayment of a lump-sum refund is made pursuant to paragraphs (1) and (2), the period corresponding to it shall be included in the insurance coverage period.
(4) Necessary matters concerning the repayment of a lump-sum refund, such as application for the repayment of the lump-sum refund, repayment method and deadline shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 52 (Deadline, etc. for Payment of Lump-Sum Refunds)

(1) A lump-sum refund to be returned to the Service by a person paid the lump-sum refund under Article 78 (1) of the Act with interest accrued thereon (hereinafter referred to as "repayment of a lump-sum refund") shall be repaid by the end of the month immediately following the month in which the date of application for the repayment of a lump-sum refund falls in case of repayment in lump sum, or by the end of each month from the month immediately following the month in which the date of application for the repayment of a lump-sum refund falls in case of repayment in installments.
(2) Where the Service allows the lump-sum refund to be repaid in installments pursuant to Article 78 (2) of the Act, it shall divide lump-sum refund amount by the number of months that counts towards the insurance coverage period, within the following frequency, at the request of an obligor for repayment, so that it can be repaid on a monthly basis:
1. Where the insurance coverage period is less than one year: Three installments;
2. Where the insurance coverage period is between at least one year but less than five years: 12 installments;
3. Where the insurance coverage period is at least five years: 24 installments.
(3) Interest to be added to a lump-sum refund pursuant to Article 78 (1) and (2) of the Act shall be calculated by the following applicable methods. In such cases, if the period over which interest is calculated exceeds one year, interest shall be calculated on a yearly basis to include the interest so calculated in the principal, and interest thereafter shall be re-calculated:
1. For lump-sum payment: an amount calculated with regard to a lump-sum refund based on the interest rate on a term deposit with one-year maturity applied during the period from the month a lump-sum refund is repaid to the month preceding the month an application for the repayment of a lump-sum refund is filed;
2. For repayment in installments: an amount calculated with regard to each installment based on the interest rate on a term deposit with one-year maturity applied during the period, beginning with the month a lump-sum refund is repaid, and ending with the month immediately preceding the month repayment in installments is made.
(4) Matters necessary for filing an application for the repayment of a lump-sum refund shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(5) Deleted.

Article 79 (Termination of Entitlement to Lump-Sum Refund)

Entitlement to a lump-sum refund shall terminates under any of the following circumstances:
1. When a beneficiary becomes insured again;
2. When a beneficiary acquires entitlement to an old age pension;
3. When a beneficiary acquires entitlement to a disability pension;
4. When a beneficiary’s survivor acquires entitlement to a survivor pension.

Article 80 (Lump-Sum Death Payment)

(1) When a currently or formerly insured dies with no family referred to in Article 73, a lump-sum death payment shall be made to the deceased's spouse, children, parents, grandchildren, grandparents, siblings, or first cousins or closer collateral blood relatives: Provided, That such payment shall not be made to a person facing circumstances prescribed by Presidential Decree, such as abscondence from home and missing, and such payment shall be made to a first cousin or closer collateral blood relative if his/her livelihood is supported by a currently or formerly insured at the time of death of the said person, as prescribed by Presidential Decree.
(2) A lump-sum death payment referred to in paragraph (1) shall be an amount equivalent to a lump-sum refund payable to a currently or formerly insured; the amount of lump-sum death payment shall not exceed four times the larger amount of the amount obtained by converting the last standard monthly income of a currently or formerly insured who dies, to the value of the year immediately preceding the year in which the lump-sum death payment is made, according to the year-to-year reassessed rate referred to in Article 51 (1) 2 and the amount obtained by averaging the standard monthly incomes for the insurance coverage period computed in a corresponding manner under the same subparagraph.
(3) The deceased’s spouse shall be given first priority in receiving a lump-sum death payment under paragraph (1), followed by children, parents, grandchildren, grandparents, siblings and first cousins or closer collateral blood relatives. When two or more persons fall within the same order of priority, the payment shall be equally divided among such persons, and the method of payment shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 53 (Persons to be Paid Lump-Sum Death Payments, etc.)

Persons facing circumstances prescribed by Presidential Decree, such as abscondence from home and missing, and thus are not paid lump-sum death payment, and first cousins or closer collateral blood relatives eligible to be paid a lump-sum death payment pursuant to the proviso to Article 80 (1) of the Act, whose livelihood is supported by a deceased currently or formerly insured are specified in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 23908, Jun. 29, 2012]

Enforcement Ordinance

Article 54 (Lump-Sum Death Payment Method)

Where at least two persons exist in the same priority order to be paid a lump-sum death payment under Article 80 (3) of the Act, Article 40 shall apply mutatis mutandis to the payment method.

Article 81 (Relationship between Survivor Pension Payments and Lump-Sum Death Payments)

With respect to the beneficiary of a survivor pension under Article 73 (1) 2 and 4, when the amount of the survivor pension paid until entitlement to the survivor pension terminates under Article 75 (1) 4 is smaller than the lump-sum death payment calculated under Article 80 (2), the difference shall be paid in the form of a lump sum payment.

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

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