Kang Nam Labor Law Firm

Article 82 (Restrictions on Payment of Benefits): (1) Where a currently or formerly insured intentionally brings about a disease or injury, or an accident caused thereby and suffers from a disability resulting from such disease, injury or accident, the payment of a disability pension paid on grounds of such disability may be denied.
(2) If a currently or formerly insured falls under any of the following subparagraphs due to his/her failure to comply with medical treatment instructions intentionally or by gross negligence or his/her failure to comply with medical treatment instructions without any justifiable reason, the benefits to be paid on the basis of such cause may be denied in whole or in part, as prescribed by Presidential Decree:
1. Where the person is disabled or deceased;
2. Where the person brings about an accident which is the cause of a disability or death;
3. Where the person aggravates his/her disability or impairs his/her recovery.

Article 55 (Restrictions on Payment of Benefits): The scope of benefits which may not be paid where the payment of benefits is restricted under Article 82 (2) of the Act shall be as classified in the following subparagraphs:
1. In cases of failure to follow medical instructions on purpose or by gross negligence, an amount equivalent to 800/1000 to 1000/1000 of the benefits;
2. In cases of failure to follow medical instructions without any justifiable ground, an amount equivalent to 500/1000 to 800/1000 of the benefits.

Article 83 (Restriction on Modification of Disability Pension Amount): Where a beneficiary of a disability pension aggravates his/her disability or impairs his/her recovery by failing to comply with medical treatment instructions intentionally or by gross negligence, or by failing to comply with medical treatment instructions without any justifiable reason, modifications to the amount of the disability pension pursuant to Article 70 may be denied.

Article 84 (Restriction on Survivor Pension Payments): (1) A survivor pension shall not be paid to a survivor who has intentionally caused the death of a currently or formerly insured.
(2) A survivor pension shall not be paid to a survivor who has intentionally caused the death of a person eligible to be a beneficiary of the survivor pension.
(3) A survivor pension shall not be paid to a beneficiary of the survivor pension who has intentionally caused the death of another beneficiary of the survivor pension.

Article 85 (Restriction on Payment of Benefits due to Unpaid Contributions): Pension benefits shall not be paid if any of the following subparagraphs applies on the date of the first medical examination of the relevant disease or injury in cases involving a disability pension, and at the time of death in cases involving a survivor pension:
1. Where no contributions have been actually paid;
2. Where the period in which contributions are paid (including the period in which employee contributions are paid pursuant to Article 17 (3); hereafter the same shall apply in this Article) is shorter than the period equivalent to 2/3 of the total of the periods in which such contributions are paid and in which contributions are not paid (excluding a period in which one month has not elapsed after the payment deadline referred to in Article 89 (1) and a period in which contributions are not paid pursuant to Article 91 (1); hereafter the same shall apply in this Article): Provided, That the foregoing shall not apply to cases where the period in which contributions are not paid is less than 6 months.

Article 86 (Suspension of Payment, etc.): (1) If a beneficiary falls under any of the following subparagraphs, the payment of benefits may be suspended in whole or in part:
1. When a beneficiary fails to comply with a demand of the Service for submission of documents and other materials under Article 122 (1) without any justifiable reason;
2. When a beneficiary of a disability pension or survivor pension fails to comply with a demand or verification of the Service under Article 120 without any justifiable reason;
3. When a beneficiary of a disability pension impairs his/her recovery by failing to comply with medical treatment instructions intentionally or by gross negligence or where he/she fails to comply with medical treatment without any justifiable reason;
4. When a beneficiary fails to file a report under Article 121 (1) without any justifiable reason.
(2) Where a suspension of payment of benefits under paragraph (1) is sought, such payment may be temporarily halted prior to the suspension of payment, as prescribed by Presidential Decree.

Article 56 (Temporary Suspension of Payment of Benefits): (1) If the Service intends to suspend the payment of benefits temporarily under Article 86 (2) of the Act, it shall demand the relevant beneficiary to eliminate the cause of such suspension of payment of benefits in writing, by fixing a period of at least 10 days.
(2) If a person demanded under paragraph (1) fails to make necessary measures within the period, the payment of benefits shall be temporarily suspended, for a fixed period within three years from the following month thereof.
(3) If a person for whom the payment of benefits is temporarily suspended under paragraph (1) performs necessary measures during a period of temporary suspension of payment, such temporary suspension shall be removed immediately, and the benefits which were not paid during such period shall be paid.
(4) Where the payment of benefits is suspended under Article 86 (1) of the Act with respect to a person who fails to carry out necessary measures within a period of temporary suspension of payment under paragraph (2), such payment shall be suspended for a period including the period of temporary suspension of payment.