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Laws of the Republic of Korea |
[Enforcement Date: Feb. 4, 2009] [Presidential Decree No. 20947, Jul. 29, 2008, Other Laws and Regulations Amended]
Ministry of Education, Science and Technology (Educational Organizations Support Division)
Tel.: 02-2100-6330
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Private School
Teachers and Staff Pension Act and matters
necessary for the enforcement thereof.
Article 2 (Grades of Incurable Disease of Bereaved Family and Method of Proof)
(1) The status of incurable diseases under Article
2 (2) and (3) of the Private School
Teachers and Staff Pension Act (hereinafter referred to as the "Act") shall be those
corresponding
to incurable diseases of grade 1 through grade 7 as prescribed in Article 55.
(2) The standards for recognition of the fact of the dependents supported by the person at the
time of his/her death, who is or
was a teacher or a staff member who applies to one of the
items of Article 2 (1) 2 of the Act, shall be as stated in the attached
Table 1.
(3) Proof of unborn children and grandchildren, and the fact of having incurable diseases
under section (1) shall be by a medical
certificate issued by the convalescent institutions as
prescribed in Article 37 of the Public Officials Pension Act applied mutatis
mutandis
(hereinafter referred to as the "mutatis mutandis Act") pursuant to the provisions of Article
42 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 8174, Jun. 25, 1976]
Article 3 (Standard Amount of Monthly Remuneration
and Allowance)
(1) The standard amount of monthly remuneration prescribed in Article 2 (1) 4 of the Act
shall be as follows:
1. The standard amount of monthly remuneration for teachers shall be the monthly
remuneration computed according to the relevant
teachers' posts, qualifications, etc.
pursuant to the provisions applied to public educational officials from the Public
Officials
Remuneration Regulations;
2. The standard amount of monthly remuneration for public officials in technological or
general services among the administrative
staffs shall be the monthly remuneration
computed according to the grade types and period of service pursuant to the provisions
applied to administrative public officials from the Public Officials Remuneration
Regulations;
3. The standard amount of monthly remuneration for public officials in technical service
among the administrative staff shall be
the monthly remuneration computed pursuant to
the provisions applied to technical public officials from the Public Officials
Remuneration
Regulations, and the classification of grades shall be determined by the
heads of the schools or school-operating institutions to
which they belong (hereinafter
referred to as the "school institutions") according to the occupational groups, series of
class,
and sub-series of the relevant technical positions pursuant to the table of class of
technical public officials in the attached
Table 2 in the Decree on the Appointment of
Public Officials;
4. The standard amount of monthly remuneration for public officials in labor service
among the administrative staff shall be the
monthly remuneration computed pursuant to
the provisions applied to public officials in labor service from the Public Officials
Remuneration Regulations.
(2) In applying the Public Officials Remuneration Regulations in respect to the conversion
of careers for calculating the periods
of service, which are the basis for computing the
standard amount of monthly remuneration as prescribed in section (1), the term
"public
officials" shall be deemed as "public officials, teachers, and administrative staff," and the
term "State agencies" shall
be deemed as "State agencies and school institutions,"
respectively.
[This Article Wholly Amended by Presidential Decree No. 8818, Dec. 31, 1977]
Article 3-2 (Amount of Monthly Remuneration for Teachers
and Staff Receiving
Annual Salary)
The amount of monthly remuneration for teachers and staff who receive annual salary as
prescribed in the proviso of Article 2 (1)
4 of the Act shall be the average amount by
dividing the total paid amount of the amount equivalent to monthly remunerations as
prescribed in the provisions of the following subsections and the allowances for proper
attendance computed on the basis of such
amount equivalent to monthly remuneration for
one year, by twelve months.
1. The amount equivalent to the monthly remuneration computed according to the grade,
salary class, and number of years in service,
which are delimitated by assuming that the
persons who are subject to application of the annual salary system with incentives as
prescribed in the laws and regulations including the Public Officials Remuneration
Regulations (hereinafter referred to as "remuneration
regulations') among the teachers
and staffs appointed prior to Dec. 31, 1998, who have been continuously promoted in
grades or
posts according to the pervious system of grade and salary class as public
officials subject to application of the annual salary
system; and
2. The amount equivalent to the monthly remuneration computed according to the grade,
salary class, and number of years in service,
which are delimitated by assuming that the
persons who are subject to application of the annual salary system with incentives as
prescribed in the remuneration regulations among the teachers and staffs who were
appointed or to be appointed after Jan. 1, 1999,
who have been continuously promoted in
grades or posts from the grade and salary class applicable to the relevant teachers and
staff pursuant to the remuneration regulations at the time of appointments.
[This Article Wholly Amended by Presidential Decree
No. 17909, Feb. 24, 2003]
Article 3-3 (Conversion of Average Monthly Remuneration to Present Value)
(1) Conversion of the amount
of the monthly remuneration as prescribed in the text of
Article 2 (1) 5 of the Act and the average amount of monthly remuneration
as prescribed in
the proviso of the same subsection to present values shall be computed to present values of
the year of which
the cause for benefits occurs or the payment of pension starts by
successively multiplying the increase rates of average remuneration
of public officials by
year to the amounts of the monthly remuneration or the average amount of monthly
remuneration.
(2) In determining the increase rates of average amount of remuneration of public officials
applied in converting the amount of
monthly remuneration or the average amount of
monthly remuneration pursuant to the provisions of section (1) to present values of
the
relevant year, those publicly announced pursuant to the provisions of Article 3-4 (3) of the
Enforcement Decree of the Public
Officials Pension Act shall be applied.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
CHAPTER II THE KOREA TEACHERS PENSION CORPORATION
Article 4 (Registration of Establishment)
The matters of registration of the Korea Teachers Pension (hereinafter referred to as the
"KTP") shall be as follows: 1. Purpose;
2. Name;
3. Locations of its main office and branch offices;
4. Names and addresses of officers; and
5. Methods of public announcements.
Article 5 (Registration of Establishment of Branch Offices)
(1) In the event that the KTP has
established branch offices pursuant to the provisions of
Article 6 of the Act, it shall register the following
1. The name and location of the newly established branch office within two weeks at the
seat of its main office;
2. The matters prescribed in the subsections of Article 4 within three weeks at the seat of
its newly established branch office;
and
3. The name and location of the newly established branch office within three weeks at the
seats of the existing branch offices.
(2) In the event that the KTP has established a new branch office within the jurisdictional
area of the registry office exercising
the jurisdiction over the seat of its main office or
branch office, the registration as prescribed in section (1) shall be substituted
for by the
registration of the name and location of such branch office within two weeks.
Article 6 (Registration of Moving)
(1) In the event that the KTP has moved its main office to a jurisdictional area of a different
registry office, it shall register
the intent of such move at the old seat within two weeks, and
the matters under subsections of Article (4) at the new seat within
three weeks from the date
of such moving, respectively.
(2) In the event that the KTP has moved its branch office to a jurisdictional area of a
different registry office, it shall register
the intent of such move within two weeks at the old
seat, and within three weeks the matters under subsections of Article (4) at
the new seat
from the date of such moving, respectively.
(3) In the event that the KTP has moved its main office or branch office within the
jurisdictional area of the same registry office,
it shall register the intent of such moving.
Article 7 (Registration of Changes)
In the event that there is any change in the matters under the subsections of Article 4, the
KTP shall make a registration of change
within two weeks at the seat of its main office, and
within three weeks at the seats of branch offices, from the date of such change,
respectively.
Article 8 (Applicant of Registration)
The applicant shall be the chief director of the KTP for the registration of the KTP and its
branch offices: Provided that the registration
for establishment of the KTP shall be excluded.
Article 9 (Documents Attached to Application Form for Registration)
(1) The application
form for registration of establishment of the KTP as prescribed in
Article 5 (2) of the Act shall be attached by the following documents:
1. A certified copy of articles of association; and
2. Documents attesting the selection and appointment of officers.
(2) The application form of registration as prescribed in Articles
6 and 7 shall be attached by
the documents attesting changes in the registered matters.
Article 10 (Computation of Period for Registration)
In the event that there is any matter to be authorized or approved by the Minister of
Education, Science and Technology (hereinafter
referred to as the "Minister") among the
matters to be registered as prescribed in the Act and this Decree, the period for registration
shall be counted starting from the date the letter of authorization or approval has arrived at
the KTP.
(1) The registration as prescribed in the Act and this Decree shall be under the jurisdiction
of the registry office of the seat
of its main office or branch office.
(2) The registry office shall keep the register of the KTP.
Article 12 (Provisions Applied Mutatis Mutandis)
Except as especially prescribed in this Decree, the related provisions of the Non-Contentious
Case Litigation Procedure Act shall
apply mutatis mutandis to the registration of the KTP.
In this case, the term "head office" and "branch" shall be deemed as "main
office" and
"branch office" respectively.
The scope of affairs for the purpose of profit-making as prescribed in Article 16 of the Act
shall be as following:
1. Affairs which considerably pursue profit-making by independently administrating the
affairs of commerce, manufacturing, finance,
and other profit-making affairs;
2. Becoming a director, an auditor, an employee executing affairs with unlimited liability, a
manager, a promoter, or other officer
of the enterprise applicable to subsection 1;
3. Activities of investment into other persons' enterprises related with duties; and
4. Other affairs for the purpose of continuous profits.
Article 14 (Entrustment of Affairs)
In the event that the KTP entrusts its affairs to the postal agency, local governments,
financial institutions, or government-invested
institutions, etc. as prescribed in the
Framework Act on the Management of Government-Invested Institutions, it shall determine
the scope of affairs, procedures for disposition, entrustment fee, and other necessary matters
with the postal agency, local governments,
financial institutions, or government-invested
institutions, etc. as prescribed in the Framework Act on the Management of Government-
Invested Institutions by agreement.
[This Article Wholly Amended by Presidential Decree No. 10365, Jun. 23, 1981]
Articles 15 and 16
Article 17 1. Period of service on duty by the defense call-up or the full-time reserve call-up;
2. Period of service on duty of supporting activities as prescribed in Article 26 (1) 1 of the
Military Service Act and supporting
activities for economic, social, and cultural
developments of developing countries as prescribed in the International Cooperation
Personnel Act, among the period of service as personnel for public interest service by
defense call-up.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 17-3 (Procedures for Inclusion of Period of
Military Service Prior to
Appointment)
(1) Any person who intends to be granted with the inclusion of the period for military
service prior to his/her appointment pursuant
to Article 31-2 of the Act shall submit an
application form for inclusion of period for military service (including an application
in the
form of an electronic document, and the same shall apply hereinafter) to the head of the
school institution, and the head
of the school institution shall confirm and transfer such
application form to the KTP within seven days from the date of receipt
thereof.
(2) The KTP in receipt of the application form under section (1) shall decide whether or not
to include the period of military service
to the applicant and the relevant school institution.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 18 (Procedures for Adding up of Periods of Service)
(1) Any person who intends to be granted the adding up of periods of
service pursuant to
Article 32 (1) of the Act shall submit the application form for approval of adding up of the
periods of service
stating the period of service to be added up and the method, etc. of
returning the benefits to be returned including its interest
(hereinafter referred to as the
"money to be returned") to the head of the school institution to which he/she belongs:
Provided,
that for any retired teacher or staff member who has been appointed again as a
teacher or staff member without claiming the retirement
benefits, he/she may substitute for
the submission of the application form for approval of adding up of the periods of service by
stating the intention of application of adding up of the periods of service in the written
report of appointment of the teacher
and staff (including a written report in electronic
document, and the same shall apply hereinafter) submitted to the KTP pursuant
to the
provisions of Article 89-2 by the head of the school institution.
(3) The KTP which has been transferred the application form under section (2) shall
examine the period to be added up, the money
to be returned, and other necessary matters,
and decide on whether or not to add up the periods of service and notify such decision
to the
applicant and the head of the relevant school institution.
Article 19 (Method of Payment of Money to Be Returned)
(1) The
payment of the money to be returned by the person who has been granted the adding
up of the periods of service may be paid by the
end of the month following the month to
which the date of approval of adding up in the case of a lump sum return, or by payment
to
the head of the school institution at the time of receiving the monthly pay, or to the postal
agency, etc. entrusted with the
affairs by the KTP pursuant to the provisions of Article 14 by
the end of the month, starting from the month following the month
on which the date of
approval of adding up in the case of return by installment.
(2) Payment by installment of the money to be returned shall be by monthly payments and
the number of installments shall be decided
by the person to be granted the adding up of the
periods of service within the scope of the number as prescribed in the following
subsections:
1. 24 installments for the person whose period of service to be added up is less than five
years;
2. 48 installments for the person whose period of service to be added up is between five
and ten years; and
3. 60 installments for the person whose period of service to be added up is not less than ten
years.
(3)
Article 20 (Computation of Amount of Money to be Returned)
(1) In computing the amount of money to be returned, the period for calculation
of interest
to be additionally collected with the benefits to be returned shall be the number of months
starting from the month
following the month of decision on the payment of such benefits to
the month of which the date the application form for adding up
of the periods of service is
received by the KTP belongs, and the interest for the next year shall be calculated by adding
the
interest to the benefits by the year: Provided, that in the case of payment by installment
as prescribed in Article 32 (3) of the
Act, the period for calculation of interest to be added
again shall be the number of months starting from the month following the
month of
decision on the payment of such benefits to the month the payment by installment ends, and
the amount to be paid by each
installment shall be the amount derived from equally dividing
the principal and interest by the number of installments.
(3) Notwithstanding the provisions of section (2), the rate of interest to be applied in the
case of payment by installments pursuant
to the provisions of Article 32 (3) of the Act shall
be the rate of interest as of Jan. 1 of the year of approval for adding up
of the periods of
service, and in the event that the difference between the rate of interest during the period of
installment payments
and the rate of interest at the time of approval of adding up of the
periods of service is not less than two percent, the money
to be returned shall be recomputed
by applying the increased or decreased rate of interest. The same shall apply where there is
another increase or decrease of not less than two percent compared with the changed rate of
interest during the period of installment
payments.
(4) The period for calculation of the interest on arrears in the event that the money to be
returned has not been paid by the deadline
of the payment under Article 19 (1) shall be the
period of delinquency (calculated by unit of month), and the relevant rate of interest
shall be
the rate of interest equivalent to twice the highest rate of interest among the interest rates for
one-year time deposit
applied by nationwide banks as of Jan. 1 of the relevant year for the
period of computing the interest on arrears.
SECTION 1 General Provisions
Article 21 (Private School Teachers and Staff Pension Benefit Council)
(1) The Private School Teachers and Staff Pension Benefit
Council (hereinafter referred to
as the "Benefit Council") as prescribed in Article 34 (1) of the Act shall be established in the
KTP, and it shall be composed of five to seven members including the chairperson.
(2) The chairperson shall be the managing director of the KTP, and the members shall be
commissioned from public officials of grade
5 or higher grade belonging to the Ministry of
Education, Science and Technology (including public officials in general service
belonging
to high-ranking public officials), teachers and staff, and persons who are engaged in medical
affairs or legal affairs.
(4) The following matters shall be subject to the deliberation of the Benefit Council:
1. Whether or not it is corresponding to the disease or injuries in the line of duties as
prescribed in Article 29;
2. Whether or not it is corresponding to the incurable disease or death due to the diseases or
injuries in the line of duties as
prescribed in Article 51 of the mutatis mutandis Act and
Article 61 of the same Act;
2-2. Whether or not to pay for the nursing expenses, prosthetic apparatus, or allowance for
prosthetic apparatus as prescribed in
Article 32-5;
2-3. Whether or not to approve the re-convalescence as prescribed in Article 32-6;
2-4. Whether or not to end the
medical treatment as prescribed in Article 32-7;
3. Determination and adjustment of grade of incurable disease as prescribed in Articles 55
and 57;
4. Whether or not to exercise the whole or part of the claim for compensation for damage
as prescribed in the proviso of Article
41 (2) of the Act;
5. Whether or not it is corresponding to the status of incurable disease as prescribed in
Articles 2 (1) and 50-4; and
6. Whether or not it is corresponding to causes for restricting benefits as prescribed in
Article 62 (3) of the mutatis mutandis
Act.
(5) The KTP may pay the allowances to the members who attended the Benefit Council.
(3) In the event that there are more than one period to be added up subject to computation in
computing the average amount of the
monthly remuneration as prescribed in Article 35 (4)
of the Act, such computation shall be by the order of the most recent period
of service or
period of military service.
[This Article Newly Inserted by Presidential Decree No. 8818, Dec. 31, 1977]
Article 22-3 (Payment of Contributions Based on Amount
of Monthly Remuneration
Prior to Decrease Thereof)
In the event that a teacher or staff member is granted the payment of contributions based on
the amount of the monthly remuneration
prior to decrease thereof pursuant to the provisions
of the proviso of Article 35 (2) of the Act, he/she shall pay for the contributions
based on the
amount adjusted by the rate of increase of average remuneration of public officials as
prescribed in Article 3-3 to
the amount of monthly remuneration prior to the decrease
thereof.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 23 (Method of Payment of Benefits to Representative
of Bereaved Family)
(1) Where there are more than one person with the same order in receiving the benefits for
bereaved families
among the bereaved families, in the event that the bereaved family has
chosen the representative among the persons with same order
or their legal representatives
and delegates the right to receive the benefits for all the persons, the KTP may pay the
whole amount
to such representative on behalf of payments by equal division as prescribed
in Article 37 of the Act.
(2) For the delegation under section (1), a letter of choosing representative signed by the
delegating persons shall be attached
with photocopies of ID cards according to the following
classification: 1. Where the delegator is an adult, a photocopy of an ID card such as the resident
registration card of the delegator in person;
and
2. Where the delegator is a minor, a photocopy of an ID card such as the resident
registration card of the legal representative of
the delegator.
Article 24 (Special Cases of Benefit Payment Where There Are No Bereaved Family)
(1) The maximum amount to be paid
to the linear descendant or to be used for the dead
teacher or staff member, pursuant to the provisions of Article 38 of the Act
in the case
where there are no bereaved family to receive the benefit, shall be as follows: 1. For the benefit which is a pension: the amount derived by multiplying the following
factors to the amount of the principal pension
(referring to the amount equivalent to the
early retirement pension in the event that the person who is or was a teacher or a staff
member has died prior to the age of payment of retirement pension as prescribed in
Article 46 (1) 1 or 2 of the mutatis mutandis
Act, or the amount equivalent to the early
retirement pension computed by assuming that he/she has died without filling the
required
years by over four years and not more than five years in the event that he/she
has died without filling the required years as prescribed
in Article 46 (2) of the mutatis
mutandis Act by over five years):
[36 - (number of months to receive the pension until the time of death pursuant to the
provisions of Article 43 (1) of the mutatis
mutandis Act)] x 1/36;
2. For the short-tem benefit: the entire amount of the principal benefit;
3. 4. For other long-term benefits: the entire amount of the principal benefit, provided that for
the lump sum payment of bereaved family's
pension, lump sum payment for bereaved
family, and bereaved family compensation, it shall be one half of the amount of the
principal
benefit.
(2)
(1) The benefits shall be paid by using the bank accounts of the person entitled to receive the
benefits opened in financial institutions
entrusted with the affairs of paying the benefits by
the KTP pursuant to the provisions of Article 20 of the Act and Article 14
of this Decree.
(2) The benefit credited to the bank account of the person entitled to receive the benefit
pursuant to the provisions
of section (1) shall be deemed to be received by the person
himself/herself.
[This Article Newly Inserted by Presidential Decree No. 17909, Feb. 24, 2003]
Article 25 (Collection of Benefit)
The amount of the benefits to be collected pursuant to the provisions of Article 39 of the Act,
the rate of interest to be added
to the amount of the benefits to be returned, and expenses for
the collection of the benefits shall be in accordance with the following
subsections. In this
case, the period for calculating the interest to be added to the amount of the benefits to be
returned shall
be the period starting from the date following the date of receiving the
benefits to the date that the amount of benefits to be
returned and interest (hereinafter
referred to as "recovery money") are determined and notified. The interest for the following
year shall be successively computed yearly by adding the interest to the amount of the
benefits, and the period for calculating
interest on arrears in the case where the recovery
money has not been paid by the deadline of the payment shall be the period starting
from the
day following the date of the deadline of the payment to the date the recovery money has
been paid: 1. Amount of the benefits: the amount paid pursuant to the Act and this Decree;
2. Rate of interest: the highest among the rates of interest for time deposits applied by
nationwide banks as of Jan. 1 of each relevant
year: Provided, that the rate of interest on
arrears shall be the highest among the interest rates on arrears of loan applies by
nationwide banks as of Jan. 1 of each relevant year for the period of calculating interest
on arrears; and
3. Expenses for the collection of the money to be returned: the amount computed by the
KTP, which are the expenses required for investigation
trips, etc. to collect the benefits.
(2) In the event that the person who received the benefits or the head of the school
institution
to which he/she belongs finds any of the facts applicable to the subsections of
Article 39 of the Act, he/she shall report or notify
thereof to the KTP without delay.
(3) In the event that the KTP has found any cause for collection of the benefits by means
such
as report, notice, and other means under section (2), he/she shall immediately
investigate thereon, and forward the notice to return
the recovery money to the person who
received the benefits, and inform such fact to the head of the school institution to which
the
relevant person belongs. 1. Where the money to be returned is less than 20 million won: eight times;
2. Where the money to be returned is not less than 20 million won and not more than 40
million won: sixteen times;
3. Where the money to be returned is not less than 40 million won and not more than 80
million won: 32 times; and
4. Where the money to be returned is not less than 80 million won: 48 times.
(5) In the case of installment payments as prescribed
in the proviso of section (4), the
interest shall be computed by applying the rate of interest under section (1) to the recovery
money to be paid for the period of installment payments. In this case, the amount to be paid
by installments for one time shall
be the amount derived by equally dividing the sum of the
principal and the interest by the number of installments.
(6) In the event that a person who is granted the installment payments for the recovery
money pursuant to the provisions of section
(4) has been delinquent for the payments by
installment for not less than three months, the KTP may revoke the approval for the
payments by installments and collect the recovery money and the interest on arrears all at
once.
Article 27 (Claim for Amount of Deduction of Benefits under Other Laws and
Regulations)
(1) In the event that the school-operating institution intends to be paid for the amount of
money deducted by the KTP pursuant to
the provisions of Article 41 (1) of the Act, the
relevant school-operating institution shall apply to the KTP by stating the cause
for the
payment of the benefits, personal information of the teacher or staff member who received
the benefits, and the amount
of the payment.
(2) When the KTP has received the application under section (1), it shall confirm the
relevant facts, and pay the deducted amount
to the school-operating institution without delay.
Article 28 (Conciliation with Compensation for Damages by Third Person)
(1)
In the event that a teacher or staff member has been subjected to a disease, injury,
incurable disease, or has died due to the harmful
activity of a third person, the person who is
entitled to receive the convalescence expenses in the line of duties, lump sum money
for
convalescence in the line of duties, disability pension, compensation for the disability, and
compensation for the bereaved
family, and the convalescence treating institution in charge
of convalescence of the relevant person shall, without delay, report
such facts to the head of
the school institution to which he/she belongs.
(2) The head of the school institution in receipt of the report under section (1) shall, without
delay, investigate the details
of the harmful activity and the matters concerning the
compensation for damages as prescribed in the Act on Guarantee of Compensation
for Loss
Caused by Automobile and other laws and regulations, and shall immediately transfer the
written investigation report to
the KTP.
SUBSECTION 1 Convalescence Expenses in Line of Duties and Lump Sum
of Convalescence
Article 29 (Convalescence Expenses in Line of Duties)
In the event that a teacher or staff member is under convalescence due to
the injury or
disease applicable to one of the following subsections, the convalescence expenses in the
line of duties shall be
paid:
1. An injury which has newly occurred due to the accident while performing duties, or
disease caused by such accident;
2. A disease due to handling of radium rays, ultraviolet rays, X-rays, and other harmful
rays while performing duties;
3. Burns or frostbites while performing duties;
4. Pneumoconiosis caused by intense dusts at the place of performing duties, and
tuberculosis ensuing thereon;
5. A disease due to strong noise in the place of performing duties;
6. Poisoning due to toxic gas or toxic substance while performing duties, and complication
and aftereffects ensuing therefrom;
7. A disease caused by performing special duties which may be harmful to health, other
than the diseases applicable to subsections
1 through 6; and
8. A disease considerably worsened, or disease or injury newly occurring due to the
concurrence of the usual disease, cause for illness,
or worsened health condition with the
performing of duties applicable to the following subsections:
(a) Continuous performing of
duties in the environment in which there is considerable
possibility that a disease may occur or worsen;
(b) Performing special duties which are not regular duties under his/her charge; and
(c) Performing continuous night duties or other
similar duties which may easily cause
overwork.
(2) The detailed standards for the injuries or diseases in the line of duties as prescribed in
section (1) shall be determined by
the KTP.
Article 29-2 (Counseling for Convalescence)
Where a teacher or staff member is under convalescence as prescribed in Article 35 of the
mutatis mutandis Act, the KTP may commission
a medical specialist as a counselor for
counseling necessary matters such as examination of the convalescence expenses in the line
of duties, extension of the period of convalescence in the line of duties, convalescence in the
line of duties for additional diseases
and injuries, etc.
[Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 30 (Approval of Convalescence in Line
of Duties)
(1) When a teacher or staff member intends to have convalescence at the convalescence
institution, for which convalescence
expenses are paid as prescribed in Article 29, he/she or
a person who is delegated by him/her shall, without delay, submit a written
application for
approval of convalescence in the line of duties attached with a medical certificate stating the
treatment period
(limited to one issued by the convalescence treating institution, and the
same shall apply hereinafter) to the head of the school
institution to which the teacher or
staff member belongs. In this case, where the approval thereof cannot be obtained in
advance
due to disease or injury requiring urgent treatment, he/she shall apply for the
approval thereof immediately after commencing the
convalescence.
(2) The head of the school institution in receipt of the application under section (1) shall
investigate the details of the disease
or injury, and transfer the application attached with the
following documents to the KTP within seven days from the date of receipt
of such
application: 1. A photocopy of health card; and
2. Investigation report on the details of the disease or injury.
(3) The KTP which has been transferred the application under section
(2) shall determine
whether or not to approve the convalescence in the line of duties and the period of
convalescence, and forward
the written details of determination to the applicant, the head of
the convalescent institution, the head of the school institution,
and the National Health
Insurance KTP which is entrusted with the affairs of benefits for convalescence in the line of
duties pursuant
to the provisions of Article 30-2.
The KTP may entrust the affairs applicable to the following subsections to the National
Health Insurance KTP pursuant to the provisions
of Article 38 (4) of the mutatis mutandis
Act:
1. Examination of the convalescence expenses in the line of duties and affairs of payment;
2. Settlement affairs of the convalescence expenses in the line of duties; and
3. Other affairs related to the affairs as prescribed in subsections 1 and 2.
[This Article Newly Inserted by Presidential Decree
No. 17096, Dec. 30, 2000]
[[Enforcement Date: Jan. 1, 2002]]
Article 31 (Extension of Convalescence Period in Line of Duties)
(1) Where a person intends to have convalescence for a period exceeding
the convalescence
period as prescribed in Article 30 (3), he/she shall submit a written application for approval
of extension of
the convalescence period in the line of duties, attached with a medical
certificate, to the head of the school institution to which
he/she belongs.
(2)
Article 32 (Procedures for Payment of Convalescence Expenses in Line of Duties
(2) In the event that the National Health Insurance KTP has implemented the payment of the
benefits for convalescence in the line
of duties and claims for the payment of the expenses
for the convalescence in the line of duties to the KTP, it shall submit an
invoice for the
convalescence expenses in line of duties attached with a photocopy of the written details of
medical treatment
expenses.
(3) In the event that there exists a claim for payment of convalescence expenses from the
National Health Insurance KTP pursuant
to the provisions of section (2), the KTP shall
examine it and make a payment within one month, and notify such fact to the relevant
teacher or staff member and the head of the school institution to which the teacher or staff
member belongs.
(4) A person who intends to be paid for the lump sum for convalescence in the line of duties
as prescribed in Article 36 of the
mutatis mutandis Act shall claim the KTP for such
payment via written claim for lump sum for convalescence in the line of duties
attached with
the following documents. 1. A written opinion of the doctor in charge concerning the estimated period of
convalescence after the expiration of two years of
actual convalescence period as
prescribed in Article 35 of the mutatis mutandis Act and contents of the convalescence;
and
2. Written details of the required medical treatment expenses during the estimated period of
convalescence.
(5) The amount of the lump sum for convalescence in the line of duties to be paid by the
claim as prescribed in section (4) shall
be the total amount of the required medical treatment
expenses during the estimated period of convalescence.
(6) 1. Where normal cure is difficult by the convalescence as prescribed in subsections (1) and
(2) of Article 39 of the mutatis mutandis
Act or normal social lives are not feasible after
cure, and thus additional convalescence is necessary: the expenses required for
medicine,
medical treatment, disposition (including plastic surgery), apparatus, etc. needed therefor,
determined by the KTP;
2. Convalescence expenses determined by the KTP among the expenses exceeding that
prescribed for payment for convalescence as prescribed
in sections 1 and 2 of the mutatis
mutandis Act.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 32-3 (Standards, etc. for Payment of Nursing
Expenses)
(1)The persons to receive the benefits for nursing expenses and the standards for payment
therefor referred to in Article
59 (1) of the Enforcement Decree of the Industrial Accident
Compensation Insurance Act shall apply mutatis mutandis to the persons
to receive the
nursing expenses and the standards therefor as prescribed in Article 33-2 of the Act.
[This Article Newly Inserted by Presidential Decree No. 18888, Jun. 30, 2005]
Article 32-4 (Standards for Payment for Prosthetic
Apparatus or Allowance for
Prosthetic Apparatus)
The matters concerning rehabilitation assisting apparatus and artificial teeth, prescribed by
the standards for computation of the
convalescence benefits as prescribed in Article 40 (5)
of the Industrial Accident Compensation Insurance Act shall apply mutatis
mutandis to the
persons to receive the prosthetic apparatus and the standards therefor as prescribed in Article
33-2 of the Act.
[This Article Newly Inserted by Presidential Decree No. 18888, Jun. 30, 2005]
Article 32-5 (Convalescence Expenses in Line of Duties
Which Can Be Paid Directly to
Person in Question)
(1) The term "convalescence expenses due to official duties prescribed by Presidential
Decree" in Article 38 (3) of the mutatis
mutandis Act refers to the convalescence expenses
in the line of duties applicable to any of the following subsections:
1. Nursing expenses as prescribed in Article 32-3; and
2. Prosthetic apparatus or allowances for prosthetic apparatus as prescribed in Article 32-4.
(2) A person who intends to be paid
for the convalescence expenses in the line of duties as
prescribed in section (1) shall claim the KTP for the payment thereof by
a written claim for
convalescence expenses in the line of duties attached with a medical certificate of disability
for the private
school teacher and staff pension issued by the convalescent institution and the
receipt for nursing expenses or prosthetic apparatus.
[This Article Newly Inserted by Presidential Decree No. 18888, Jun. 30, 2005]
Article 32-6 (Requirements and Procedures for Re-convalescence)
(1) In the event that a person who received the convalescence expenses in the line of duties
as prescribed in Article 29 applies
to any of the following subsections, he/she may file an
application for the re-convalescence as prescribed in Article 33-3 of the
Act to the KTP:
1. Where a disease or an injury has occurred, for which there is a medical opinion that such
disease or injury has significant causal
relationship with the injury or disease in the line
of duties which was subject to the convalescence, and the effect of medical
treatment is
deemed to exist if re-convalescence is conducted;
2. Where it is necessary to remove the inner fixing materials such as metal pins inserted by
inner fixing treatment; and
3. Where it is deemed that re-surgery is necessary for the amputated area to fit artificial
limbs.
(2) In the event that the KTP in receipt of the application for the re-convalescence pursuant
to the provisions of section (1) has
difficulty in determining whether or not to approve the
re-convalescence, it may have the applicant for the re-convalescence take
medical
examination at the medical institution designated by the KTP, and determine whether or not
to approve the re-convalescence
in accordance with the results thereof.
(3) The provisions of Article 30 shall apply mutatis mutandis to the procedures for
application
and notification of the written details of determination for the re-convalescence:
Provided, that where the cause for re-convalescence
has occurred to a person who was a
teacher or staff member who retired from office, the applicant for re-convalescence shall
submit
the written application for approval of re-convalescence to the KTP in person.
[This Article Newly Inserted by Presidential Decree
No. 18888, Jun. 30, 2005]
Article 32-7 (Termination of Medical Treatment)
(1) If the KTP judges that the effect of medical treatment is not expected even if the medical
treatment is continuously conducted
for the injury or disease of a person under
convalescence (including re-convalescence, and the same shall apply hereinafter) due
to the
injury or disease in the line of duties, and the symptom is deemed to have reached a steady
state, it shall terminate the
medical treatment as prescribed in the provisions of the Act or
this Decree through the deliberation of the Benefit Council.
(2)
In the event that the KTP terminates the medical treatment pursuant to the provisions of
section (1), it shall notify the relevant
person under convalescence or his/her family in
advance.
[This Article Newly Inserted by Presidential Decree No. 18888, Jun. 30, 2005]
Article 33
Article 38
(2) When a person who has completed convalescence at the medical institution, other than
the convalescent institution, intends to
be paid for the convalescence expenses, he/she shall
file claim to the National Health Insurance KTP for the relevant payment according
to the
procedures prescribed by the National Health Insurance Act.
[This Article Wholly Amended by Presidential Decree No. 10985, Dec. 31, 1982]
Article 40 (Change of Convalescence Treating Institution)
In the event that a person under convalescence changes the convalescence treating
institution, he/she shall submit a photocopy
of the statement of determination of approval of
convalescence in the line of duties as prescribed in Article 30 (3) to the new
convalescence
treating institution.
[This Article Newly Inserted by Presidential Decree No. 9753, Feb. 4, 1980]
Article 41
Article 43
When the National Health Insurance KTP intends to implement the health examination of
the insured who are teachers and staff pursuant
to the provisions of Article 47, it shall
consult in advance with the KTP on the contents, etc. of such implementation for the
efficient operation of the affairs of the pension for the private school teachers and staff.
[This Article Wholly Amended by Presidential Decree No. 9318, Feb. 10, 1979]
SUBSECTION 5 Benefits for Disasters
Article 45
(1) The scope of disasters for which the disaster relief money can be paid as prescribed in
the mutatis mutandis Act shall be damages
to the house (including shares of community of
dwelling houses, and the same shall apply hereinafter) owned by a teacher or faculty
member, or his/her spouse, or a house where a teacher or staff member ordinarily resides,
which is owned by him/her or his/her
spouse's linear ascendant or descendant, due to fire,
flood, heavy rain, heavy snow, storm, tsunami, or other similar natural or
artificial
phenomena. 1. Where the house building is totally destroyed by fire, washed away by flood, or
destructed, the relevant disaster relief money
shall be six times the amount of the
monthly remuneration;
2. Where at least one half of the house building is destroyed by fire, washed away by flood,
or destructed, the relevant disaster
relief money shall be four times the amount of the
monthly remuneration; and
3. Where at least a third of the house building is destroyed by fire, washed away by flood,
or destructed, the relevant disaster
relief money shall be two times the amount of
monthly remuneration.
(3) Any person who intends to be paid for the disaster relief money shall submit a written
request for disaster relief money (including
a written request in electronic document)
attached with the a letter of confirmation of damage condition (including electronic
document) issued by the head of the city/Gun/Gu (referring to the autonomous Gu, and the
same shall apply hereinafter) or the fire
marshal to the KTP, after obtaining the confirmation
of the school institution to which he/she belongs. In this case, the staff
member in charge
shall confirm the administrative information of the matters applicable to the following
subsections via communal
use of administrative information under Article 22-2 (1) of the
Electronic Government Act, and if the applicant does not consent
to the confirmation, he/she
shall attach the relevant documents: 1. 2. A certified copy of family residential registration papers; and
3. A certified copy of register of building.
Article 47-2 (Persons Subject to Death Condolence Money and Procedures for Request)
(1) The term "linear ascendants of his/her spouse prescribed by Presidential Decree" in the
first part of Article 41-2 (1) of the
mutatis mutandis Act refers to his/her spouse's linear
ascendants where a teacher or staff member supports his/her spouse's linear
ascendants.
(2) A teacher or staff member prescribed by Presidential Decree as prescribed in the latter
part of Article 41-2 (1)
of the mutatis mutandis Act shall be the person with priority order
among the teachers or staff members by the order of the following
subsections:
1. A teacher or staff member who is a spouse of a deceased person;
2. The oldest person among the teachers and staff who are the closest linear descendants of
deceased persons; and
3. A teacher or staff member whose spouse is the oldest among the teachers and staff who
are the spouses of the closest linear descendants
of deceased persons.
(3) Where there is no spouse for a teacher or staff member who is deceased, the death
condolence money shall
be paid to the person with priority order by the order of the
following subsections among the persons who conduct the funeral service,
pursuant to the
provisions of Article 41-2 (2) of the mutatis mutandis Act: Provided, that the same shall not
apply in the case
where there is a teacher or staff member among the linear descendants of
the teacher or staff member who is deceased.
(4) A person who intends to receive the death condolence money pursuant to the provisions
of Article 41-2 of the mutatis mutandis
Act shall submit a written request for the payment of
death condolence money (including a written request in electronic document)
attached with
the following documents (including electronic documents) to the KTP after obtaining
confirmation of the head of the
school institution. In this case, the staff member in charge
shall confirm the certified copy of family residential registration
paper (limited to the
supporting teacher or staff member) via communal use of administrative information under
Article 22-2 (1)
of the Electronic Government Act, and if the applicant does not consent to
the confirmation, he/she shall have it attached thereto.
1. Documents attesting the death;
2. Certificates concerning the recorded matters for family relation; and
3.
SEBSECTION 1 General Provisions
Article 48 (Delivery of Pension Certificate)
(1) The KTP shall deliver a pension certificate to the person who receives the benefits in the
form of a pension (hereinafter referred
to as a "recipient of pension").
(2)
Article 49 (Report on Alteration of Address and Name of Recipient of Pension
day of each month: Provided, that in the event that the
payment date is on a Saturday or holiday, it shall be paid on the previous
day, and where the
right to receive a pension is extinguished, it may be paid before the payment date.
1. Pension certificate; and
2. Certificate of departure from the country, certificate of planned departure from the
country, or other documents which can prove
the relevant emigration.
(3) A recipient of a pension who lost his/her nationality intends to receive the lump sum
pension benefits
by settlement pursuant to the provisions of Article 44 (2) of the mutatis
mutandis Act, he/she shall submit a written request for
the settlement of pension attached
with the following documents to the KTP: 1. Pension certificate; and
2. Basic certificates or documents attesting losing of nationality among the certified copy
of removal from resident registration
and certificates concerning the recorded matters for
family relations.
Article 50-2
(1) The head of a school institution shall, where a teacher or staff member under his/her
authority has retired from office due
to the abolished post or excess staff resulting from the
alteration or abolition of the office organization and the quota of regular
staff, or decrease in
budget, etc. pursuant to the provisions of Article 46 (1) 4 of the mutatis mutandis Act,
submit the data
which can verify the reasons, quota of regular staff, number of current staff,
etc. to the KTP,.
(2) The KTP shall confirm whether or not the retirement of the teacher or staff member
submitted pursuant to the provisions of section
(1) is applicable to the retirement as
prescribed in Article 46 (1) 4 of the mutatis mutandis Act, and forward the letter of
confirmation
to the head of the school institution.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 50-4
(Status of Incurable Diseases to Receive Retirement Pension)
The status of incurable diseases under Articles 46 (1) 5 and 46-2 of
the mutatis mutandis
Act shall be deemed to correspond to grades of incurable disease 1 through 7 as prescribed
in Article 55.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 50-5 (Special Cases in Computation of Pension
Due to Adding up of Period of
Service)
In computing the retirement pension or early retirement pension as prescribed in Article 46
(7) of the mutatis mutandis Act, the
provisions of Article 3-3 shall apply mutatis mutandis to
the conversion of the amount of the previous monthly remuneration or average
amount of
the monthly remuneration at the time of retirement from office or retirement from service to
present value.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 51 (Suspension of Payment of Retirement Pension,
Early Retirement Pension, or
Disability Pension)
(1) In the event that a person who receives a retirement pension, early retirement pension, or
disability pension (hereinafter referred
to as a "recipient of retirement pension, etc." in this
Article) has been appointed as a teacher or staff member, public official,
or serviceperson, or
has retired, he/she shall submit a written report for reappointment or re-retirement to the
KTP within ten
days after obtaining confirmation from the head of the institution dealing
with the relevant pension or the head of the institution
to which he/she belongs.
(2) The monthly income amount as prescribed in Article 47 (2) of the mutatis mutandis Act
shall be the
amount derived from dividing the total income for the year from Jan. 1 to Dec.
31 by the number of months for which he/she has been
engaged in the business which has
generated income.
(3) In the event that the monthly income amount of the relevant year exceeds the monthly
average wage amount of the previous year,
the payment of retirement pension, early
retirement pension, or disability pension (hereinafter referred to as the "retirement pension,
etc." in this Article) shall be partially suspended pursuant to the provisions of Article 47 (2)
of the mutatis mutandis Act; and
for the period prior to the publication of the monthly
average wage amount for the previous year, the suspended amount of pension
payment shall
be computed by applying the monthly average wage amount of the year before the previous
year, and the suspended amount
of pension payment for the relevant year shall be
recomputed after the monthly average wage amount for the previous year is published,
and
the difference shall be adjusted to the payment of the retirement pension, etc. for the
following month.
(4) The KTP shall suspend the retirement pension, etc. of the relevant year based on the data
received from the State agencies,
etc. according to the provisions of Article 19 (4) of the
Act: Provided, that in the event that the income amount of the persons
receiving the
retirement pension, etc. cannot be identified by the data received from the State agencies,
etc., it shall suspend
payment of the retirement, etc. based on the income amount of the
previous year or the year before the previous year.
(5) In the
event that the payment of the retirement pension, etc. has been suspended, the
suspended amount of pension payment for the relevant
year shall be recomputed after the
final return on the tax base of global income is filed pursuant to the provisions of Article
70
of the Income Tax Act, and the difference shall be adjusted; and where the persons receiving
retirement pensions, etc. have
requested the adjustment of the suspended amount of pension
payment by a written request for adjustment of the suspended amount
of pension payment
attached with objective data attesting the income of the relevant year, the KTP may adjust
the suspended amount
of pension payment before the final return on the tax base of global
income is filed.
[This Article Wholly Amended by Presidential Decree No. 18888, Jun. 30, 2005]
Article 52 (Investigation on Personal Affairs of Persons
Receiving Pension
(1) The KTP may request, at least once a year, the head of the city/gun/Gu of the place of
residence and resident registration base
of a person receiving pension and the heads of the
agencies prescribed by Ordinance of the Ministry of Public Administration and
Securities
pursuant to the provisions of subsections 2 through 5 of Article 47 of the mutatis mutandis
Act (referring to the Act
prior to the amendment pursuant to Act No. 6328) for the
investigation of the personal matters to examine the changes in status
which affect the
pension benefits, and if necessary, it may ask the person receiving pension or his/her family
to submit the related
data.
(2) The heads of agencies who have received such request for investigation under section (1)
shall, without delay, investigate thereon
and notify the KTP.
Article 52-2 (Confirmation of Whether or Not Being Recipient of Public Officials
Pension and Veterans' Pension
(2) The Government Employees Pension Service or the Minister of National Defense shall,
where the corporation has requested for
confirmation, confirm whether or not he/she has the
right to receive the retirement pension, early retirement pension, or veteran's
pension, and
notify the result thereof to the KTP.
[This Article Newly Inserted by Presidential Decree No. 14906, Feb. 2, 1996]
SUBSECTION 2 Retirement Benefits
Article 53 (Claim for Retirement Benefits)
(1) A person who intends to receive a retirement pension, early retirement pension, lump
sum for retirement pension, lump sum for
retirement pension deduction, or lump sum for
retirement shall submit a written claim for retirement benefits (including a written
request in
electronic document, and the same shall apply hereinafter) to the head of the school
institution to which he/she belongs.
(3) In the event that a person has retired from office due to reasons such as the alteration and
abolition of the office organization,
etc. and claims for the retirement pension pursuant to
the provisions of Article 46 (1) 4 of the mutatis mutandis Act, he/she shall
attach a letter of
confirmation of the KTP as prescribed in Article 50-3 (2) to the written request for
retirement benefits.
Article 53-2 (Retirement Age or Ceiling Age for Service)
The retirement age or ceiling age for service as prescribed in Article
42 (2) of the Act shall
be as follows: 1. The retirement age applied to public educational officials pursuant to the provisions of
Article 47 of the Public Educational
Officials Act for teachers;
2. The retirement age for public officials in general service who receive remunerations
which are the basis for computing standard
amount of monthly remuneration of the
relevant administrative staff pursuant to the provisions of Article 3 (1) 2 for the staff
in
general service and technological service among the administrative staff;
3. The retirement age for technical public officials who receive remunerations which are
the basis for computing standard amount
of monthly remuneration of the relevant
administrative staff pursuant to the provisions of Article 3 (1) 3 for the technical staff
among the administrative staff; and
4. The retirement age for public officials in labor service who receive remunerations which
are the basis for computing standard
amount of monthly remuneration of the relevant
administrative staff pursuant to the provisions of Article 3 (1) 4 for the staff
in labor
service among the administrative staff.
[This Article Newly Inserted by Presidential Decree No. 14906, Feb. 2, 1996]
Article 53-3 (Application for Changes, etc. of Retirement
Benefits)
Where a person who applied for a retirement pension, early retirement pension, or lump sum
of retirement pension deduction
(limited to the portion of pension excluding lump sum
money, and this shall apply hereinafter in this Article) intends to change
the retirement
pension to early retirement pension, or early retirement pension to retirement pension before
he/she reaches the
age of commencing the payment of the pension or early retirement
pension as prescribed in Article 46 (1) 1 and 2, and (2) of the
mutatis mutandis Act and
Article 8 of Addenda of the Act No. 6330, or change the payment period of the early
retirement pension
as prescribed in Article 46 (2) of the mutatis mutandis Act before he/she
reaches the age of commencing the payment of the early
retirement pension, he/she shall
submit a written application for change of retirement benefits to the KTP by the month prior
to
the month the payment of pension benefits commences.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 54 (Special Cases in Computing Retirement Benefits and Bereaved Family
Benefits)
Where a retired teacher or staff member, public official, or serviceperson who was
appointed as a teacher or staff member, and granted
the adding up of the periods of service
pursuant to the provisions of Article 32 (1) of the Act has retired or died, and where he/she
desires to receive the lump sum of retirement pension, lump sum for retirement, lump sum
for bereaved family pension, or lump sum
for bereaved family, if the amount of benefit is
less than the sum of the amount of returned money as prescribed in Article 32 (2)
of the Act
and its interest (referring to the interest computed at an annual compound interest by
applying the highest interest
rate among the interest rates for time deposits applied by
nationwide banks as of Jan. 1 of each relevant year after paying the
money to be returned),
and the lump sum of retirement pension, lump sum for retirement, lump sum for bereaved
family pension, or
lump sum for bereaved family corresponding to the period of service as a
teacher or staff member, the amount of such sum shall be
paid.
[This Article Wholly Amended by 13554, Dec. 31, 1991]
Article 54-2 (Payment of Retirement Benefits to Missing Persons
(1) Verification of the fact that a person who is entitled to receive the retirement benefits is
missing for not less than one year
as prescribed in Article 49 of the mutatis mutandis Act
shall be according to that confirmed by the heads of the city/Gun/Gu or
the head of the
school institution.
(2) The term "interest prescribed by Presidential Decree" in the proviso of Article 49 (3) and
the latter part of Article 49 (4)
of the mutatis mutandis Act refers to the interest applying the
highest interest rate among the interest rates for time deposits
applied by nationwide banks
as of Jan. 1 of each relevant year.
(3) A person who intends to receive payment of the amount equivalent to the difference of
the amount of the benefits pursuant to
the provisions of Article 49 (4) of the mutatis
mutandis Act shall submit the invoice to the KTP.
[This Article Newly Inserted by 10985, Dec. 31, 1982]
Articles 54-3 and 54-4
Article 55 (Classification of Extent of Status of Incurable Disease)
(1) The classification of the extent of the status of incurable
disease (hereinafter referred to
as "grades of incurable diseases") for disability benefits as prescribed in Article 51 of the
mutatis mutandis Act shall be as stated in the attached Table-1-2, and where there exists an
incurable disease which is not classified
in grades of incurable diseases, the grade of such
incurable disease shall be determined in accordance with the status of incurable
disease
prescribed in the grades of incurable diseases according to the extent of such incurable
disease: Provided, that where
are not less than two areas of incurable diseases corresponding
to grade 2 through grade 10, the grade of incurable disease for
each area as classified in the
attached Table 1-2 for the most serious two areas shall be determined, and the
comprehensive grade
of incurable diseases shall be determined as prescribed in the attached
Table 2 based on such two grades of incurable disease for
each area.
[This Article Wholly Amended by Presidential Decree No. 10985, Dec. 31, 1982]
Article 56 (Claim for Disability Benefits)
(1) A person who intends to receive a disability pension or disability compensation shall, at
the time of claiming the retirement
benefits as prescribed in Article 53, submit a written
claim for disability benefits attached with a medical certificate of disability
for private
school teachers and staff pension to the head of the school institution to which he/she
belongs: Provided, that he/she
may separately claim the disability benefits in the event that
the cause for disability benefits has occurred after the claim for
retirement benefits was filed.
(2) The head of the school institution in receipt of the written claim under section (1) shall
immediately investigate and confirm
the details of the incurable disease, and transfer such
said written claim attached with the following documents to the KTP:
1. 2. A photocopy of health card; and
3. Investigation report on the details of the incurable disease.
Article 57 (Adjustment, etc. of Grades of Incurable Diseases
(1) In the event that the extent of the incurable disease of the recipient of disability pension
has improved or worsened, the recipient
shall submit a written application for adjustment of
grade of incurable disease attached with the following documents to the KTP,
pursuant to
the provisions of Article 53 (1) of the mutatis mutandis Act. 1. A medical certificate of disability for private school teachers and staff pension issued by
a convalescent institution; and
2. Certificate for disability pension.
(2) The KTP may have the recipient of a pension take a medical examination at the
convalescent
institution designated by the KTP to confirm whether the extent of the
incurable disease has improved or worsened, and whether or
not it is corresponding to the
extent of the status of incurable disease, pursuant to the provisions of Article 2 (2) and (3) of
the Act, Article 46-2 of the mutatis mutandis Act, and Article 53 (1) and (3) of the same Act.
Article 58 (Claim for Bereaved Family Benefits)
(1) A person who intends to receive a bereaved family pension, additional money for a
bereaved family pension, special additional
money for a bereaved family pension, lump sum
for a bereaved family pension, or lump sum for bereaved family shall submit a written
claim
for the bereaved family benefits attached with the following documents to the head of the
school institution to which the
person who used to be a teacher or family staff belongs:
Provided, that where the bereaved family benefits are claimed for as a
recipient of the
retirement pension, early retirement pension, or disability pension deceases, the claim
documents attached with
the pension certificate shall be submitted to the KTP. 1. Documents attesting the bereaved family pursuant to the provisions of Article 2;
2. Documents attesting their representative where a representative of the bereaved family
members with the same order claims such
benefits, pursuant to the provisions of Article
23;
3. A death certificate; and
4. Documents attesting the fact of receiving a retirement pension, early retirement pension,
or veterans' pension in the event that
the recipient of a bereaved family pension applies
to the provisions of Article 45-2 of the mutatis mutandis Act.
(2) The head
of the school institution in receipt of the written claim pursuant to the
provisions of the text of section (1) shall, without delay,
investigate and confirm the matters
necessary for the payment of the benefits, and transfer such written claim to the KTP.
Article 59 (Application for Transfer of Right to Receive Bereaved Family Pension)
(1) Where a person receiving a bereaved family
pension is missing for not less than one year
or the right to receive such pension is lost, if one of the bereaved family with the
same order
or the next order intends to receive such bereaved family pension, he/she shall submit an
application form for transfer
of the right to receive a bereaved family pension attached with
the following documents to the KTP:
1. Documents proving one of the bereaved family members pursuant to the provisions of
Article 2;
2. Documents attesting their representative where a representative of the bereaved family
members with the same order claims such
benefits, pursuant to the provisions of Article
23;
3. Documents proving the fact of missing not less than one year or the fact of losing the
right to receive a bereaved family pension;
4. A certificate of bereaved family pension (a written statement of reason if such certificate
is not attachable); and
5. Documents proving the fact of receiving a retirement pension, early retirement pension,
or veterans' pension where the person
entitled for a bereaved family pension applies to
the provisions of Article 45-2 of the mutatis mutandis Act.
(2) The KTP in receipt
of the application under section (1) shall, where the contents of the
application is deemed appropriate, state the fact of transfer
of the right to receive a pension
in the certificate of the bereaved family pension or issue a new pension certificate, and
deliver
it to the applicant.
Article 60 (Proof of Losing Right to Receive Bereaved Family Pension or Fact of
Missing)
(1) Proof of the fact of losing the right to receive a bereaved family pension as prescribed in
subsections of Article 59 (1) of
the mutatis mutandis Act shall be by the following methods:
1. Fact of death, remarriage, or kinship: by certificates concerning the recorded matters for
family relation stating the relevant
fact, or a certified copy of family residential
registration papers;
2. Fact of reaching age of 18 of the children or grandchildren who are not under incurable
diseases: by certificates concerning the
recorded matters for family relation, or a
certified copy of family residential registration papers; and
3. Fact that a child or grandchild of age over 18 who has been under such status of
incurable disease is cured: by medical certificates
issued by convalescent institutions.
(2) In the event that the reasons for such loss cannot be proved by the methods under section
1 and 3, it shall be by the written statement of reason and the letter of confirmation issued by
the head of the City/Gun/Gu.
(3) Proof of the fact that a person receiving a bereaved family pension as prescribed in
Article 58 of the mutatis mutandis Act
has been missing for not less than one year shall be
by the letter of confirmation issued by the head of the City/Gun/Gu.
Article 60-2 (Report of Losing Right to Receive Bereaved Family Pension)
Where the right to receive a bereaved family pension has
been lost pursuant to the
provisions of Article 59 (1) of the mutatis mutandis Act, the persons applicable to one of the
following
subsections shall report such fact to the KTP within 15 days from the date such
cause has occurred.
1. A person having liability to report under Act 85 of the Act on the Registration, etc. of
Family Relationship where a person is
receiving a bereaved family pension;
2. The person in question where it is lost due to the termination of kinship including
remarriage;
3. The legal representative if a child or grandchild has reached the age of 18; and
4. The person in question or his/her legal representative where a child or grandchild of age
over 18 who has been under such status
of incurable disease is cured.
[This Article Newly Inserted by Presidential Decree No. 17096, Dec. 30, 2000]
Article 61 (Payment
of Deducted Amount of Bereaved Family Compensation)
In the event that a person who received disability compensation or is receiving
disability
pension has died due to the relevant disease or injury, the amount of the disability pension or
disability compensation
which was already paid shall be deducted from the amount of the
bereaved family compensation as prescribed in Article 61 (2) of
the mutatis mutandis Act,
and the remaining balance shall be paid.
[This Article Wholly Amended by Presidential Decree No. 10365, Jun. 23, 1981]
Article 62
(2) The head of the school institution in receipt of the written claim under section (1) shall,
without delay, investigate and confirm
the details of death, and transfer such written claim
attached with the following documents:
1. A photocopy of health card; and
2. Investigation report on the details of death.
[This Article Wholly Amended by Presidential Decree No. 12664, Mar. 27, 1989]
SUBSECTION
5 Retirement Allowances
Article 63-2 (Claim for Retirement Allowances)
A person who intends to receive the retirement allowances pursuant to the provisions of
Article 61-2 (1) of the mutatis mutandis
Act shall submit a written claim for retirement
allowances (including a written claim in electronic document, and the same shall
apply
hereinafter) to the head of the school institution to which he/she belonged at the time of
retirement, and the head of the
school institution to which he/she belonged shall, without
delay, investigate and confirm the reason for reduction of period of
service, reason for
restricting benefits, and other matters necessary for the payment of the benefits, and transfer
such claim
to the Corporation.
[This Article Newly Inserted by Presidential Decree No. 13554, Dec. 31, 1991]
Article 63-3 (Retirement Allowances)
The amount of retirement allowances as prescribed in Article 61-2 (2) of the mutatis
mutandis Act shall be the amount derived by
multiplying the ratio under the following
classification to the amount of monthly remuneration per year of the period of service.
In
this case, the years of period of service shall not exceed 33 years:
1. 10/100 where the period of service is not less than one year and less than five years;
2. 35/100 where the period of service is not less than five year and less than ten years;
3. 45/100 where the period of service is not less than ten year and less than fifteen years;
4. 50/100 where the period of service is not less than fifteen year and less than twenty
years; and
5. 60/100 where the period of service is not less than twenty years.
[This Article Newly Inserted by Presidential Decree No. 13554,
Dec. 31, 1991]
SECTION 4 Restriction on Benefits
Article 64 (Reduction of Benefits Due to Gross Negligence)
In the event that a person who is or was a teacher or staff member falls
under the provisions
of Article 62-3 of the mutatis mutandis Act, the disability pension, disability compensation,
and bereaved
family compensation for such person corresponding to the period after the date
of such application shall be paid by deducting one
half of the amount of the relevant benefits.
Article 65 (Reduction of Benefits at the Time of Refusal of Medical Examination)
In the event that a person who is or was a teacher
or staff member has not taken the medical
examination requested by the head of the KTP or the school institution in relation to
the
payment of the benefits without any justifiable reasons, the convalescence expenses in the
line of duties, the lump sum for
convalescence in the line of duties, the disability
compensation, and the bereaved family compensation shall be paid by deducting
one half
thereof from the date of refusal.
[This Article Wholly Amended by Presidential Decree No. 10985, Dec. 31, 1982]
Article 66 (Reduction of Retirement Benefits and Retirement
Allowances Due to
Punishment, etc.)
(1) In the event that a person who is or was a teacher applies to any of the subsections of
Article 64 (1) of the mutatis mutandis
Act, the retirement benefits and retirement allowances
shall be reduced in accordance with the classification under the following
subsections. In
this case, the retirement pension or early retirement pension shall not be reduced until the
month to which the
date of the corresponding reason for such reduction:
1. A person falling under Article 64 (1) 1 and 2 of the mutatis mutandis Act:
(a) One quarter of the amount of retirement benefits
for a person whose period of service
is less than five years;
(b) One half of the amount of retirement benefits for a person whose period of service is
not less than five years; and
(c) One half of the amount of retirement allowances;
2. A person applicable to Article 64 (1) 3 of the mutatis mutandis Act:
(a) One eighth of the amount of retirement benefits for a
person whose period of service is
less than five years;
(b) One quarter of the amount of retirement benefits for a person whose period of service
is not less than five years; and
(c) One quarter of the amount of retirement allowances;
(2) The amount of the retirement benefits and retirement allowances to be
suspended for
payment pursuant to the provisions of Article 64 (2) of the mutatis mutandis Act shall be the
amount as prescribed
in subsections of section (1).
(3) In the event that a person for whom the payments of retirement benefits and retirement
allowances
were suspended pursuant to the provisions of Article 64 (2) of the mutatis
mutandis Act has come under one of the following subsections,
the remainder money shall
be paid with the interest computed at an annual compound interest by applying the highest
among the interest
rates for time deposits applied by nationwide banks as of Jan. 1 of each
relevant year for the period starting from the month following
the month to which the date
of suspension of the payment of the benefits to the month to which the date that the cause
for payment
of the remainder money has occurred.
1. Where he/she has received a disposition of non-prosecution;
2. Where it is settled that he/she does not receive a punishment of imprisonment; and
3. Where he/she has received a judgment of probation of sentence of a punishment of
imprisonment, and such probation period has elapsed.
(4) When the head of the school institution transfers the written claim for the retirement
benefits or retirement allowances of
the person falling under section (1) or (2), he/she shall
state the relevant facts in the written claim. Where he/she has become
aware of such relevant
facts after he/she transferred the written claim for the retirement benefits or retirement
allowances, he/she
shall, without delay, notify such facts to the KTP.
(5) A person who intends to receive the remaining balance as prescribed in section
(3) shall
submit a written claim for the remaining retirement benefits or remaining retirement
allowances attached with the document
applicable to one of the following subsections to the
KTP:
1. A letter of determination of disposition of non-prosecution issued by the head of the
competent prosecutors' office where he/she
applies to section (3) 1;
2. A letter of certification of settlement of criminal trial issued by the head of the
competent prosecutors' office where he/she
applies to section (3) 2 or 3.
[This Article Wholly Amended by Presidential Decree No. 14906, Feb. 2, 1996]
Article 67
1. The principal and interest of the return money as prescribed in Article 32 (3) of the Act;
2. The principal and interest of the recovery money as prescribed in Article 25;
3. Individual contributions and its unpaid arrears as prescribed in Articles 45 and 51 of the
Act;
4. The principal and interest of the loan as prescribed in Article 53-3 (2) 3 of the Act; and
5. Other debts to the KTP.
(2) Where a person who intends to receive the benefit, which is a pension, has any debt
(excluding subsection
1) as prescribed in section (1), such debt shall be paid by other
retirement benefits, bereaved family benefits, or retirement allowances
other than the benefit
which is a pension, and if there is any remaining debt, such remaining debt may be paid by
the monthly pension
of the relevant year within the limit of not exceeding one half of the
monthly pension.
[This Article Wholly Amended by Presidential Decree No. 8174, Jun. 25, 1976]
CHAPTER 5 BEARING EXPENSES
Article 68-2 (Amounts of Individual Contributions, State Contributions, and Corporate
Contributions)
(1) The amount of individual contributions as prescribed in Article 44 (4) of the Act shall be
85/1,000 of the amount of the monthly
remuneration.
(2) The pension receiving institution which has received the payment money under section
(1) shall deliver the receipt thereof to
the head of the school institution, and submit the credit
notice to the KTP.
(2) The reserves for payment of benefits for the compensation for disasters accumulated
pursuant to the provisions of Article 48-2
(2) of the Act shall be implemented in the
following methods:
1. Deposit or entrusting in the financial institutions prescribed in the subsections of Article
87-2 (1); and
2. Purchase of securities under Article 87-2 (2) 1.
(3) In the event that the reserves for payment of benefits for the compensation
for disasters
are short of the benefits under Article 48-2 (3) of the Act, the KTP may temporarily borrow
the shortage from the
pension fund for private school teachers and staff (hereinafter referred
to as the "Fund") as prescribed in Article 53-2 of the
Act. In this case, the temporarily
borrowed money shall be returned by the end of the next fiscal year.
[This Article Wholly Amended by Presidential Decree No. 10985, Dec. 31, 1982]
Article 69-3 (Bearing of Expenses Required for Payment
of Retirement Allowances)
(1) The amount borne by the KTP among the expenses required for the payment of
retirement allowances
as prescribed in the proviso of Article 47 (2) of the Act shall be the
amount borne by the KTP for the expenses for the retirement
allowances in the fiscal year of
1992.
(2) The remaining amount of the expenses required for the payment of retirement
allowances as prescribed in the proviso of
Article 47 (2) of the Act after excluding the
amount borne by the KTP pursuant to the provisions of section (1) shall be borne by
the
school-operating institutions and the State; and the State shall bear such expenses until the
financial conditions of the school-operating
institutions are improved.
(3) In the event that the amount borne by the State for the relevant year is short of or
exceeds the
amount actually required, the difference shall be adjusted to the contributions
for the next year.