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Public Officials Compensation Act

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to set the conditions in which public officials can devote themselves to their job duties and to contribute to the promotion of the welfare of public officials and their survivors by providing adequate compensation for any injury, disease, disability or death of public officials incurred during their service, by supporting their rehabilitation and return to work after an accident, and by carrying out accident prevention projects.

Article 2 (Jurisdiction)

The Minister of Personnel Management shall have jurisdiction over matters concerning the operation of the public officials compensation system under this Act.

Article 3 (Definitions)

(1) The definitions of the terms used in this Act shall be as follows:

1. The term "public official" means any of the following persons who serve in a public service job:

(a) Any public official under the 「State Public Officials Act」, the 「Local Public Officials Act」 and other Acts: Provided, That military personnel and public officials elected to office shall be excluded herefrom;

(b) Other personnel in the State or local governments prescribed by Presidential Decree;

2. The term “individual who died on official duty” means any person who does not fall under subparagraph 1 and is acknowledged by the Minister of Personnel Management following a review by the Public Official Accident Compensation Council pursuant to Article 6 to have met all of the following criteria at the time of his/her death (if the death was caused by injury or disease, then the time of sustaining the injury or the onset of the disease): Provided, That military personnel and public officials appointed by election are excluded:

(a) The individual was performing official work of the State or a local government;

(b) The State or a local government directly or indirectly had the right to manage and supervise the work;

(c) The State or a local government was paying remuneration, allowances, etc. on a regular basis according to law or contract or indirectly in accordance with Presidential Decree;

(d) The individual was subject to the application of accident compensation pursuant to the 「Industrial Accident Compensation Insurance Act」 or other statutes (hereinafter referred to as “「Industrial Accident Compensation Insurance Act」, etc.”).

3. The term “public official who died on duty” means a public official who falls under any of the following:

(a) A public official who died from public duty while on service;

(b) A public official who died from an injury or disease incurred from public duty while on service;

(c) A public official who died from an injury or disease referred to in item (b).

4. The term “public official who died on dangerous duty” means any public official who was involved in an accident while performing an official duty at a grave risk of his/her life and physical health and died as a direct result of the accident.

5. The term "survivor" means any of the following persons who are supported by a present or former public official at the time of his/her death:

(a) A spouse (limited to a person who is in a conjugal relationship during his/her service, and including a person who has a de facto conjugal relationship);

(b) A child (excluding offspring born or adopted after the retirement date, but an embryo or fetus at the time of retirement shall be deemed offspring born during his/her service; hereinafter the same shall apply);

(c) A parent (excluding a parent in cases of adoption after the retirement date);

(d) A grandchild (excluding a grandchild born or adopted after the retirement date, but an embryo or fetus at the time of retirement shall be deemed a grandchild born during his/her service; hereinafter the same shall apply);

(e) A grandparent (excluding a grandparent in cases of adoption after the retirement date);

6. The term “cure” refers to any of the following cases:

(a) The injury or disease has reached a state at which it is deemed completely cured;

(b) There are no further expected positive effects of medical treatment with its symptoms remaining unchanged

7. The term “disability” means a state in which an injury or disease has been cured, but the ability to work has been lost or reduced due to a mental or physical impairment.

8. The term "retirement" means any kind of release from office caused by dismissal, resignation, or any other reason except death: Provided, That this shall not apply where a person regains his/her eligibility as a public official on the same day or following day after the eligibility becomes void and has not received retirement benefits and retirement allowances under 「Public Officials Pension Act」;

(2) Children and grandchildren prescribed in paragraph (1) 5 shall be limited to the following persons. In such cases, grandchildren shall be limited to cases where they do not have father or where their father is in the status of disability prescribed by Presidential Decree:

1. Those who are under 19 years of age;

2. Those who are not less than 19 years of age and in the status of disability determined by Presidential Decree.

(3) Any embryo or fetus at the time of death of a present or former public official shall be deemed already born as at the time of payment of benefits under this Act.

Article 4 (Standards for Recognition of Occupational Accident on Official Duty)

(1) In case a public official suffers from an injury or disease of a public official falling under any of the following or acquires a disability or dies as a result of that injury or disease, it shall be deemed an accident on official duty: Provided, That if there is no significant cause-and-effect relationship between the official duty and the accident, it shall not be deemed an accident on official duty.

1. Injury on official duty: An injury resulting from an accident falling under any of the following (hereinafter referred to as an “accident on official duty”):

(a) An accident that occurs while performing official duties or an equivalent act;

(b) An accident that occurs while commuting to or from work via the usual route and method;

(c) Any other accident that occurs in relation to official duties.

2. Disease on official duty: A disease that falls under any of the following:

(a) A disease caused due to physical, chemical and/or biological factor(s) in the process of performing official duties;

(b) A disease caused by a task exerting a physical and/or mental burden in the process of performing official duties;

(c) A disease caused by an injury on official duty;

(d) Any other disease caused in connection with official duties.

(2) In case a public official suffers form an injury, disease or disability or died as a result of a self-injurious act, it shall not be deemed an accident on official duty: Provided, That the self-injurious act shall be deemed an accident on official duty if it was caused in a state of marked decline in his/her normal cognitive function, etc due to a reason related to official duty and such reason has been prescribed by Presidential Decree.

(3) In case an additional injury or disease caused by an accident on official duty is discovered in a public official receiving treatment of an accident on official duty, the additional injury or disease that has been discovered shall be deemed to have resulted from an accident on official duty.

(4) In case a complication arises in the process of treating an injury or disease incurred on official duty with the injury or disease being the primary cause, the complication shall be deemed a disease incurred on official duty: Provided, That in case the complication has been naturally caused or exacerbated by an underlying disease or the physical constitution, it shall not be deemed a disease incurred on official duty.

(5) In case of making decisions about a disease on official duty, consideration shall be given to the work characteristics, sex, age, physical constitution, usual health status, existing diseases, sick leaves, leaves of absence, retirement, etc. of the public official or the former public official concerned.

(6) The detailed Standards for Recognition of accidents on official duty shall be prescribed by Presidential Decree.

Article 5 (Accidents Falling under the Requirements for Designation as “Public Officials Who Died on Dangerous Duty”)

Accidents falling under the requirements for designation as “public officials who died on dangerous duty” are accidents falling under any of the following:

1. An accident that occurs to a police officer while performing any of the following job duties:

(a) Apprehending a culprit or suspect;

(b) Performing guard duties, guard of important persons, and performance of counter-espionage and counter-terrorist operations under subparagraph 3 of Article 2 of the 「Act on the Performance of Duties by Police Officers」;

(c) Traffic control and traffic injury prevention under subparagraph 5 of Article 2 of the 「Act on the Performance of Duties by Police Officers」;

(d) Mobilizing to the scene to handle emergency reports, performing patrol activities to prevent crime, save lives, protect properties, etc., or preventing the spread of marine pollution;

2. An accident that occurs to a fire officer while performing any of the following job duties:

(a) Performing fire suppression, rescue of lives or first-aid treatment on a scene of disaster or accident or support activities for such activities (including urgent dispatch, return and incidental activities for the performance of such tasks);

(b) Living safety activities to eliminate risks;

3. An accident that occurs to a personnel member of the Presidential Security Service in performing guard duty under the 「Presidential Security Act」;

4. An accident that occurs to a personnel member of the National Intelligence Service while performing any of the following job duties:

(a) Performing any of the job duties under Article 3 (1) 3 and 4 of the 「National Intelligence Service Act」;

(b) Apprehending a spy or performing counter-espionage activities;

(c) Collecting security information on international crime organizations, etc. and engaging in counter-terrorism in regions of dispute, etc.;

5. An accident that occurs to a correctional officer while ensuring safe custody under the 「Administration and Treatment of Correctional Institution Inmates Act」;

6. An accident that occurs to a pilot of forest aircraft and workers in the passenger seats while performing forest fire prevention or suppression, forest pest monitoring and control work, rescue of lives, or relief on a scene of disaster or accident (including emergency mobilization and return for the said purposes and activities incidental thereto);

7. An accident that occurs to a fisheries supervising official while giving instructions or cracking down on illegal fishing activities on a fishing activity instruction vessel or an illegal fishing control vessel under Article 72 of the 「Fisheries Act」(including emergency mobilization and return for the said purposes and activities incidental thereto);

8. An accident that occurs to a judicial police officer under Article 196 of the 「Criminal Procedure Act」or a judicial police officer referred to in Article 3 through Article 5 of the 「Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties」 while investigating into or cracking down on crime or apprehending a culprit or suspect;

9. An accident that occurs to a public official while performing any of the following job duties:

(a) Rescuing people, extinguishing fires, defending against floods, or conducting salvage operations pursuant to the「Framework Act on the Management of Disasters and Safety」(including emergency mobilization and return for the said purposes and activities incidental thereto);

(b) Performing duties for curing patients of an infectious disease or preventing the spread of an infectious disease under the 「Infectious Disease Control and Prevention Act」;

(c) Extinguishing a forest fire under the 「Forest Protection Act」;

(d) Performing his/her duties related to protecting citizens of the Republic of Korea or cleaning up accidents when an act of God, war, combat, riot, kidnap, terror, infectious disease, or other perilous circumstance occurs in a foreign country;

(e) Handling chemicals requiring preparation for accidents under subparagraph 6 of Article 2 of the 「Chemicals Control Act」 or hazardous chemicals under subparagraph 7 of the same Article;

10. An accident that occurs to a public official as a result of a vindictive criminal or terrorist act in relation to the official duties under subparagraphs 1 through 9 or an accident that occurs during practice or training;

11. Other accident that occurs in performing dangerous duty acknowledged by Public Official Compensation Council referred to in Article 6 as equivalent to an injury set forth in any of subparagraphs 1 through 10.

Article 6 (Public Official Compensation Council)

In order to deliberate on the following matters, the Public Official Compensation Council (hereinafter referred to as the “Council”) shall be established in the Ministry of Personnel Management:

1. Matters concerning the compensation system for public officials;

2. Matters concerning the acknowledgment of individual who died on official duty;

3. Matters concerning the decision on the following benefits items:

(a) Medical care benefits referred to in Article 22;

(b) Disability pension or lump-sum disability benefits referred to in Article 28;

(c) Pension for survivors of public officials who died on duty referred to in Article 36 and compensation for survivors of public officials who died on duty referred to in Article 37;

(d) Pension for survivors of public officials who died on dangerous duty referred to in Article 38 and compensation for survivors of public officials who died on dangerous duty referred to in Article 39;

4. Matters concerning the claim for compensation for damages in relation to a third party under the proviso to Article 21 (1);

5. Matters concerning additional medical care;

6. Matters that are required to be deliberated by the Council by other statutes;

7. Any other matters prescribed by Presidential Decree in relation to the operation of the compensation system for public officials.

Article 7 (Composition, etc. of the Council)

(1) The Council shall be composed of up to 100 members including one chairperson.

(2) The chairperson of the Council shall be appointed or named by the Minister of Personnel Management.

(3) The ex officio members of the council shall be public officials nominated by the head of the respective Ministry among those who are public officials of Grade 4 or higher or equivalent thereto belonging to the Ministry of Strategy and Finance, Ministry of the Interior and Safety, Ministry of Employment and Labor, Ministry of Patriots and Veterans Affairs or Ministry of Personnel Management, and who are in charge of work concerning accident compensation, pension, welfare, or service, and non-ex officio members shall be appointed or named by the Minister of Personnel Management among the following persons:

1. Executive or employee of the Government Employees Pension Service (hereinafter referred to as “GEPS”) recommended by the head of GEPS under the 「Public Officials Pension Act」;

2. Persons who are or have been served as public officials of Grade 4 or higher or public officials equivalent thereto among persons who are working or have worked in areas related to personnel administration or social security such as accident compensation, pension, welfare, service, etc.;

3. Persons who are serving or have served as a judge, prosecuting attorney, or attorney at law;

4. Medical professionals prescribed in Article 2 of the 「Medical Service Act」;

5. Other persons with abundant academic knowledge and experience in relation to personnel administration and social security areas such as injury compensation, pension, welfare, service, etc.

(4) The term of office of the members shall be three years, and the members may serve consecutive terms as prescribed by the Presidential Decree: Provided, That ex officio members and members falling under paragraph (3) 1 shall remain in office for the period they hold their respective posts.

(5) The meetings of the Council shall consist of no fewer than 11 but no more than 15, including the chairperson and the members designated by the chairperson for each meeting.

(6) The Council may take the following measure, if necessary, for the deliberation:

1. Requesting the attendance or listening to the opinions of the benefits claimant or the person designated by the claimant, the public official concerned, and any other interested parties;

2. Requesting the submission of documents on the public official concerned, any other persons and institutions concerned in the benefits, etc.

(7) Matters concerning the organization and operation of the Committee as not prescribed in the provision form paragraphs (1) to (6) shall be prescribed by Presidential Decree.

CHAPTER II BENEFITS

SECTION I COMMON PROVISIONS

Article 8 (Benefits)

The benefits prescribed in this Act are as follows:

1. Medical care benefits

2. Rehabilitation Benefits

(a) Rehabilitation Exercise Expenses

(b) Psychological Counseling Expenses

3. Disability benefits:

(a) Disability pension;

(b) lump sum disability benefits;

4. Nursing care benefits

5. Survivors’ benefits

(a) Disability survivors’ pension

(b) Survivors’ benefits for public officials who died on duty

1) Survivors’ pension for public officials who died on duty

2) Survivors’ compensation for public officials who died on duty

(c) Survivors’ benefits for public officials who died on dangerous duty

1) Survivors’ pension for public officials who died on dangerous duty

2) Survivors’ compensation for public officials who died on dangerous duty

6. Relief money

(a) Accident relief money

(b) Death condolence money

Article 9 (Benefits Claim and Decision)

(1) A person wishing to receive benefits under Article 8 shall submit a benefits claim to the Minister of Personnel Management.

(2) When a person claims for benefits falling under any of the following (limited to the first benefits claim for the same injury or disease in the case of medical care benefits under subparagraph 1), the claim shall be filed after a confirmation by the head of the institution to which the public official concerned belongs or belonged (referring to the head of institution referred to in Article 3 (1) 6 of the 「Public Officials Pension Act」; hereinafter the same shall apply): Provided, That the benefits prescribed by Presidential Decree may be confirmed directly by the head of the institution on behalf of the claimant after the claim is received by the Minister of Personnel Management from the person with the right to receive benefits:

1. Medical care benefits under subparagraph 1 of Article 8;

2. Disability benefits under subparagraph 3 of Article 8;

3. Benefits for survivors of the public official who died on duty under subparagraph 5 (b) of Article 8;

4. Benefits for survivors of the public official who died on dangerous duty under subparagraph 5 (c) of Article 8.

(3) When receiving a claim for benefits under paragraph (1), the Minister of Personnel Management shall confirm the satisfaction of the requirements for the benefits and determine and pay the benefits. In this case, when deciding on the benefits referred to under paragraph (2), a deliberation by the Council shall be necessary.

(4) Notwithstanding the provisions of paragraphs (1) through (3), the claims for disaster relief money and death condolence money for public officials of a local government shall be submitted to the head of the respective local government and such benefits shall be paid by the local government under the decision of the head of the local government.

(5) The matters on the benefits claim, decision, payment method and procedure, and any other necessary matters not prescribed in paragraphs (1) through (4) shall be prescribed by Presidential Decree.

Article 10 (Basis for Calculating Amount of Benefits)

(1) The computation of benefits prescribed in the following shall be based on the amount of standard monthly income in the month which includes the day on which the ground for the payment of benefits under Article 3 (1) 4 of「Public officials pension Act」(hereinafter referred to as “standard monthly income”) :

1. Disability benefits under Article 8 3

2. Disability survivors’ pension under Article 8 5 (a)

3. Survivors’ pension for public officials who died on duty under Article 8 5 (b) 1)

4. Survivors’ pension for public officials who died on dangerous duty under Article 8 5 (c) 1)

5. Death condolence money under Article 8 6 (b) and Article 43 (2)

(2) Notwithstanding paragraph (1), in the case of benefits prescribed in subparagraphs 3 through 5 of the same paragraph, if the amount of the standard monthly income of the public official concerned exceeds 160 percent (hereinafter referred to as the “maximum standard compensation amount”) of the average of the amounts of standard monthly incomes of all public officials in the month which includes the day on which the ground for the payment of benefits occurred under Article 30 (3) of 「Public Officials Pension Act」 (hereinafter referred to as the “average of the amounts of standard monthly incomes of all public officials”) or is less than 50 percent thereof (hereinafter referred to as the “minimum standard compensation amount”), then the maximum standard compensation amount or the minimum standard compensation amount shall be the standard monthly income of the public official concerned.

(3) The computation of benefits prescribed in the following shall be based on the average of the amounts of standard monthly incomes of all public officials:

1. Survivors’ compensation for public officials who died on duty under Article 8 5 (b) 2)

2. Survivors’ compensation for public officials who died on dangerous duty under Article 8 (5) (c) (2)

3. Accident relief money under Article 8 (6) (a)

4. Death condolence money under Article 8 (6) (b) and Article 43 (2)

Article 11 (Priority in Order of Survivors, etc.)

(1) The order of priority of survivors in receiving benefits is in accordance with the order of priority in receiving inheritance in accordance with the 「Civil Act」.

(2) When two or more survivors are in the same order of priority, the amount of benefits shall be divided equally and paid to each of them, but the method of payment shall be prescribed by Presidential Decree.

Article 12 (Special Cases on Recipients of Benefits)

(1) In the case of death of any public official or former public official, when no survivor to receive benefits exists, an amount not exceeding the limit prescribed by Presidential Decree shall be paid to his/her lineal ascendant or descendent who is not his/her survivor, and if no such lineal ascendant or descendent exists, it may be used for the said public official or former public official.

(2) Where there exist two or more lineal ascendants or descendents who are not survivors under paragraph (1), Articles 11 shall apply mutatis mutandis to the payment of the relevant benefits.

Article 13 (Period and Timing for Payment of Pensions)

(1) Benefits as pensions shall be paid from the month following the month which includes the day on which the ground for payment of such benefits (including grounds for revision of the grade of disability pension under Article 30) accrued, to the month which includes the day on which the relevant ground is extinguished.

(2) If any ground to suspend the payment of benefits as pensions accrued, payment of the portions of benefits that accrue from the month following the month which includes the day of accrual of such ground to the month which includes the day of extinguishment of such ground shall be suspended: Provided, That where the day of accrual of the ground for suspension and the day of extinguishment of such ground fall on the same month, payment of such portions of benefits shall not be suspended.

(3) Benefits as pensions shall be paid each month, as prescribed by Presidential Decree.

Article 14 (Adjustment of Amount of Pension)

(1) The annual amount of benefits as a pension shall be increased or decreased by the amount corresponding to the previous year's rate of fluctuation of nationwide consumer price index which the Commissioner of the National Statistical Office under Article 3 of the 「Statistics Act」 announces every year after comparison of the two between the consumer price index of the previous year and that of the year before the previous year.

(2) The amount adjusted under paragraph (1) shall be applied from January to December of the relevant year.

Article 15 (Special Cases on Payment of Pension)

(1) When a person entitled to receive a pension emigrates to a foreign country, he/she may be paid in a lump sum based on the month following the month of his/her departure, in lieu of such pension. according to his/her wishes. In this case, the amount is equivalent to his/her pension for four years based on the month following the month of his/her departure, in lieu of such pension.

(2) When a person entitled to receive a pension has lost Korean nationality, he/she may be paid in a lump sum, according to his/her wishes, the amount equivalent to his/her pension based on the month following the month of his/her losing Korean nationality. In this case, the amount of a lump sum is for four years based on the month following the month of his/her losing Korean nationality, in lieu of such pension.

Article 16 (Recovery, etc. of Benefits)

(1) Where a recipient of benefits falls under any of the following, the Minister of Personnel Management or the head of the local government shall recover the benefits (refers to the difference between the amount of benefits to be paid and the amount of benefits paid, if any; hereinafter the same shall apply). In this case, where subparagraph 1 applies, the interest and recovery expenses prescribed by Presidential Decree shall be added to the amount of benefits to be recovered for collection, and where subparagraph 2 or 3 applies, the interest prescribed by Presidential Decree shall be added to the amount to be recovered if the person fails to pay the amount by the due date.

1. Where he/she receives the benefits in a falsified manner or an unlawful manner;

2. Where the ground for the payment of benefits is extinguished retroactively after receiving the benefits;

3. Where other benefits are paid by fault or error.

(2) When the Minister of Personnel Management or the head a local government recovers benefits as prescribed in paragraph (1), the person from whom the benefits are to be recovered fails to pay the relevant amount within the given period, he/she may collects such amount in accordance with the precedents of disposition for arrears as prescribed in the 「National Tax Collection Act」 or the 「Local Tax Collection Act」

(3) The Minister of Personnel Management or the head a local government may make a disposition on deficits, if any ground falling under any of the following exists collecting benefits under paragraph (1): Provided, That in the case of subparagraphs 1 and 3, if he/she has found any property which may be seized after disposition on deficits, he/she shall, without delay, cancel such disposition, and collect such property according to the precedents of dispositions for arrears:

1. Where the dispositions for arrears are fulfilled, and the distributed amount which is appropriated to the amount in arrears is short of such amount in arrears;

2. Where the extinctive prescription against the relevant right ends;

3. Where it is deemed that there exists no possibility for collection, as prescribed by Presidential Decree.

Article 17 (Payment after Deduction of Amount Outstanding)

(1) Where a person who is or was a public official is liable for any of the following debts, benefits may be paid after deducting the debts from the disability benefits, disability pension for survivors, benefits for survivors of public officials who died on duty, and benefits for survivors of public officials who died on dangerous duty: Provided, That in cases of pensions, deduction shall not be made in excess of one half of the monthly pension paid:

1. Principal and interest of the amount of recovery under Article 16;

2. Difference related to the settlement of the amount of payment suspension for the disability pension under Article 32.

(2) Where a person who is or was a public official is liable for any of the following debts in relation to the pension for retirement pension for survivors under Article 54 (1) of the 「Public Officials Pension Act」(hereinafter referred to as “retirement pension for survivors”), lump-sum retirement pension for survivors under paragraph (4) of the same Article (hereinafter referred to as “lump-sum retirement pension for survivors”), and/or lump-sum retirement benefits for survivors under Article 58 of the same Act (hereinafter referred to as “lump-sum retirement benefits for survivors”), the benefits may be paid after deducting the debts from the benefits for survivors of public officials who died on duty and benefits for survivors of public officials who died on dangerous duty: Provided, That in cases of pensions, deduction shall not be made in excess of one half of the monthly pension paid:

1. Principal and interest of the benefits to be returned under Article 26 (2) and (3) of the「Public Officials Pension Act」;

2. Principal and interest of the amount of recovery under Article 37 of the of the「Public Officials Pension Act」;

3. Difference related to the settlement of the amount of payment suspension under Article 50 (3) of the「Public Officials Pension Act」;

4. Unpaid contributions in cases of deficiencies of contributions under Article 67 (1) and (3) of the「Public Officials Pension Act」, Article 7 (2) and (3) of the Addenda to the amended 「Public Officials Pension Act」 (Act No. 3586);

5. Unredeemed principal and interest of student loans under Article 75 of the「Public Officials Pension Act」;

6. Unredeemed principal and interest of the loans under Article 77 (2) 5 of the「Public Officials Pension Act」.

Article 18 (Protection of Rights)

(1) No entitlement to receive benefits shall be transferred, seized or provided as collateral: Provided, That the entitlement to receive pensions may be provided as collateral to financial institutions designated by Presidential Decree and may be the object of a disposition for arrears as prescribed in the 「National Tax Collection Act」, the 「Local Tax Collection Act」, and other Acts.

(2) Among benefits paid to a recipient, no benefits not more than the amount prescribed by subparagraph 3 of Article 195 of the 「Civil Execution Act」shall be attached.

Article 19 (Coordination of Benefits)

(1) No person for whom the payment of a survivors' pension for public officials who died on dangerous duty is determined shall receive survivors’ pension for public officials who died on duty, and no person for whom the payment of compensation for survivors of public officials who died on dangerous duty is determined shall receive survivors’ compensation for public officials who died on duty. In such cases, when survivors’ pension for public officials who died on duty and survivors’ compensation for public officials who died on duty have already been paid, the amount of the survivors' pension for public officials who died on dangerous duty or compensation for survivors of public officials who died on dangerous duty shall be paid after deducting the relevant amount paid therefrom.

(2) When an annuitant of a disability survivors' pension are entitled to receive the survivors' pension for public officials who died on duty or the survivors' pension for public officials who died on dangerous duty, the annuitant can choose one of those. If the disability survivors' pension have already been paid to the annuitant who chooses the survivors' pension for public officials who died on duty or the survivors' pension for public officials who died on dangerous duty, the sum of the amount of the survivors' pension for public officials who died on duty or the survivors' pension for public officials who died on dangerous duty shall be paid after deducting the relevant amount of disability survivors' pension benefits already paid.

Article 20 (Coordination with Benefits under Other Statutes)

(1) When an annuitant for survivors of public officials who died on duty has obtained the right to receive benefits falling under any of the following, he/she may select either the pension for survivors of public officials who died on duty or one of the following benefits:

1. Retirement pension for survivors;

2. Lump-sum retirement pension for survivors;

3. Lump-sum retirement benefit for survivors.

(2) When an annuitant for survivors of public officials who died on dangerous duty has obtained the right to receive benefits falling under paragraph (1), he/she may select either the pension for survivors of public officials who died on dangerous duty or one of the benefits in question.

(3) When an annuitant for survivors of public officials who died on duty has already been paid a retirement pension for survivors, lump-sum retirement pension for survivors, or lump-sum retirement benefit for survivors, the benefits for survivors of public officials who died on duty shall be paid after deducting the relevant amount paid therefrom.

(4) When an annuitant for survivors of public officials who died on dangerous duty has already been paid a retirement pension for survivors, lump-sum retirement pension for survivors, or lump-sum retirement benefit for survivors, the benefits for survivors of public officials who died on dangerous duty shall be paid after deducting the relevant amount paid therefrom.

(5) For any person who receives the same kind of benefits as benefits under this Act at the cost of the State or a local government under other statutes, the amount equivalent to such benefits shall deducted from the benefits set out in this Act: Provided, That no such amount shall be deducted where compensation under the 「Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State」 and 「Act on Support for Persons Eligible for Veteran’s Compensation」is also paid to a recipient of benefits for survivors of public officials who died on duty or benefits for survivors of public officials who died on dangerous duty (incl. persons who have chosen retirement pension for survivors, lump-sum retirement pension for survivors, or lump-sum retirement benefit for survivors)

(6) Where a recipient of a retirement pension, early retirement pension or veterans’ retirement pension under the「Public Officials Pension Act」, 「Military Pension Act」,「Private School Teachers and Staff Act」 or 「Special Post Offices Act」 receives a survivors’ pension under this Act at the same time, only half the amount of such survivors' pension shall be paid.

(7) When a person gains the right to receive disability benefits under Article 28 and the right to receive benefits for disability incurred from non-official duty falling under Article 59 of the 「Public Officials Pension Act」 at the same time, he/she may choose to receive one of the two.

Article 21 (Adjustment of Benefits under Other Statutes)

(1) Where any ground for the payment of benefits under this Act exists due to an act of a third party, the Minister of Personnel Management or a local government shall acquire the right to claim compensation for damage held by the recipient against the third party within the limits of the amount of the benefits (the amount calculated as receiving lump sum disability benefits when disability pension is paid) which has been already paid on the ground for the relevant benefits: Provided, That where the third party falls under any of the following, the GEPS or a local government may choose not to fully or partially exercise the right to claim compensation for damage subject to the deliberation by the Council :

1. The spouse of the public official or former public official concerned;

2. A lineal ascendant or descendant of the public official or former public official concerned;

3. A public official performing his/her official duties.

(2) In the case of paragraph (1), when the recipient has already been paid compensation for damage from the third person on the same ground, no benefit shall be paid within the limits of the amount of such compensation.

SECTION II MEDICAL CARE BENEFITS

Article 22 (Medical Care Benefits)

(1) When a public official obtains any of the following medical care due to a disease or injury incurred in the course of performing official duties (incl. cases in which medical care is obtained following a claim for additional medical care under Article 23 (2)), medical care benefits shall be paid following a deliberation by the Council:

1. Diagnosis;

2. Provision of medicine, medication, and dental prosthesis;

3. Treatment, operation and other medical care;

4. Convalescence at a hospital or sanatorium;

5. Nursing;

6. Transfer;

7. Rehabilitation treatment.

(2) Medical care expenses related to the performance of official duties as prescribed in paragraph (1) shall be the amount required for medical care for the same disease or injury, the actual period of medical care of which shall not exceed three years: Provided, That if there is a medical opinion for continuous treatment even after three years' actual period of medical care, the period of medical care may be extended for up to one year for each occasion, as prescribed by Presidential Decree.

Article 23 (Additional Medical Care)

(1) Where a person who received medical care benefits is cured and his/her disease or injury subject to the medical care recurs or aggravates than his/her condition as at the time of the cure, and where there is a medical opinion for positive treatment to cure the recurred or aggravated disease or injury, he/she may apply for additional medical care.

(2) A person who has applied for additional medical care pursuant to paragraph (1) may re-obtain the medical care related to the performance of his/her official duties set forth in any subparagraph of Article 22 (1), subject to deliberation by the Council

(3) Requirements and procedures for the additional medical care and other necessary matters not prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 24 (Medical Care Institutions)

Medical care related to the performance of official duties as prescribed in Article 22 shall be received at a medical care institution as set out in Article 42 (1) of the 「National Health Insurance Act」 (hereinafter referred to as "medical care institution").

Article 25 (Computation of Medical Care Expenses Related to Performance of Official Duties)

The amount of medical care expenses related to the performance of official duties shall be the amount of any of the following medical care expenses:

1. Medical care expenses computed under Article 45 of the 「National Health Insurance Act」;

2. Medical care expenses computed under Article 40 of the 「Industrial Accident Compensation Insurance Act」, which exceed the medical care expenses computed under Article 45 of the 「National Health Insurance Act」, or which are incurred in relation to any medical care, other than such medical care as prescribed in the same Article;

3. Medical care expenses in excess of the medical care expenses computed under subparagraphs 1 and 2, or expenses incurred for any other medical care in excess of the relevant scope, which are prescribed by Presidential Decree.

SECTION III REHABILITATION BENEFITS

Article 26 (Rehabilitation Exercise Expenses)

(1) Rehabilitation exercise expenses shall be paid to a person, who falls under any of the following and who has been given a medical opinion that he/she would be left with a disability prescribed by Presidential Degree, in case he/she engages in rehabilitation exercise:

1. A public official who is receiving medical care in relation to official duties;

2. A public official who has completed medical care in relation to official duties no less than 3 months prior.

(2) The rehabilitation exercise expenses referred to in paragraph (1) shall be the actual expenses incurred within the range of amount announced by the Minister of Personnel Management.

(3) The necessary matters in relation to the payment requirements, procedures, etc. for rehabilitation exercise expenses to be paid pursuant to paragraph (1) shall be prescribed by Presidential Decree.

Article 27 (Psychological Counseling Expenses)

(1) Psychological counseling expenses shall be paid for when a public official, who is receiving medical care in relation to official duties, receives psychological treatment as a result of an accident on official duty.

(2) The psychological counseling expenses paid pursuant to paragraph (1) shall be the actual expenses incurred within the range of amount announced by the Minister of Personnel Management.

(3) The necessary matters in relation to the payment requirements, procedures, etc. for psychological counseling expenses to be paid pursuant to paragraph (1) shall be prescribed by Presidential Decree.

SECTION IV DISABILITY BENEFITS

Article 28 (Disability Pension or Lump sum Disability benefits)

When a public official falls under any of the following, he/she shall be paid a disability pension or lump sum disability benefits rated according to the level of his/her disability prescribed by Presidential Decree:

1. When he/she retires from office in a disabled state due to a injury or disease incurred in the line of duty;

2. When he/she becomes disabled due to a injury or disease incurred in the line of duty before his/her retirement.

Article 29 (Amount of Disability Pension or Lump sum Disability benefits)

(1) The amount of disability pension shall be the amount obtained by multiplying the amount of the baseline monthly income by the rate based on the following grade:

1. Grade I: 52.00%;

2. Grade II: 48.75%;

3. Grade III: 45.50%;

4. Grade IV: 42.25%;

5. Grade V: 39.00%;

6. Grade VI: 35.75%;

7. Grade VII: 32.50%;

8. Grade VIII: 29.25%;

9. Grade IX: 26.00%;

10. Grade X: 22.75%;

11. Grade XI: 19.50%;

12. Grade XII: 16.25%;

13. Grade XIII: 13.00%;

14. Grade XIV: 9.75%.

(2) Where a person wishes to receive lump sum disability benefits instead of a disability pension, he/she shall be paid the amount equivalent to the disability pension for five years.

Article 30 (Revision of Grade of Disability Pension, etc.)

(1) When the degree of disability of a person entitled to receive a disability pension worsens or improves, at his/her request or when the Minister of Personnel Management recognizes it, the degree of such disability pension shall be revised according to the changed degree of disability, as prescribed by Presidential Decree.

(2) When a person entitled to receive a disability pension is no longer in a state of disability prescribed by Presidential Decree, his/her right shall become extinct.

Article 31 (Handling Cases of not Less than Two Disabilities)

When a present or former public official has not less than two disabilities at the same time, such disabilities shall be dealt with concurrently, as prescribed by Presidential Decree.

Article 32 (Suspension of Payment of Disability Pension)

(1) Article 50 of the「Public Officials Pension Act」shall apply mutatis mutandis with regard to the suspension of payment of disability pension.

(2) When a person whose payment of disability pension is suspended as prescribed in paragraph (1) retires from office again, only when he/she is in the state of disability prescribed by Presidential Decree at the time of the retirement, the amount of disability pension shall be redetermined on the basis of the amount of standard monthly income at the time of re-retirement.

(3) When the amount of disability pension is redetermined as prescribed in paragraph (2), it shall be the larger amount between the amount before the suspension of disability pension under paragraph (1) and the amount of re-determination under paragraph (2): Provided, when the level of Disability pension is revised under the Article 30, it shall be the amount of revised level of disability pension.

(4) When an annuitant of a disability pension receives medical care benefits, payment of the disability pension shall be suspended from the month following the month on which the date of commencement of such medical care falls to the month on which the date of termination of such medical care falls.

Article 33 (Disability Benefits for Missing Persons)

(1) When a person entitled to receive a disability benefit is missing for not less than one year, the relevant disability benefit may be paid to his/her heir upon a claim by the heir (who shall be a person falling under the scope of his/her survivors; hereafter the same shall apply in this Article).

(2) Where an heir claims a disability pension of the missing person pursuant to paragraph (1), the disability pension accrued from the time when the missing person became entitled to receive the disability pension under this Act shall be paid, and where the whereabouts of the missing person has not been verified for even three years after the time when he/she became entitled to receive the pension, the amount equivalent to 60 percent of the relevant pension amount shall be paid from the following month.

(3) Where the death of the missing person is verified after the payment of the benefit under paragraph (2), a disability pension for survivors shall be paid to his/her heir from the month following the month his/her death is verified: Provided, That if the day on which the missing person is dead falls within three years since the date of paying the benefit under paragraph (1), the amount of difference between the disability pension for survivors receivable by the heir from the month following the month in which he/she dies until the month whereto belongs the day on which three years have elapsed and the benefit actually paid, as well as the interest specified by Presidential Decree, shall be paid to the Minister of Personnel Management.

(4) Where the survival of the missing person is verified, the disability pension shall be paid to the missing person from the month following the month in which his/her survival is verified. In such cases, when the amount equivalent to 60 percent of the disability pension has been paid to his/her heir pursuant to paragraph (2), the amount corresponding to the difference between the benefits during the relevant payment period and the benefits payable as well as the interest specified by Presidential Decree shall be paid.

(5) Where there are two or more heirs falling under paragraph (1), Article 11 shall apply mutatis mutandis with respect to the order of priority of such heirs and the payment of disability benefits, whereas Article 40 shall apply mutatis mutandis with respect to an heir’s loss of entitlement to receive benefits under paragraph (2).

SECTION V NURSING CARE BENEFITS

Article 34 (Nursing Care Benefits)

(1) Nursing care benefits shall be paid to persons who need constant or frequent nursing care due to medical reasons after recovering and who are actually receiving nursing care among those who have completed the medical care related to official duties.

(2) The necessary matters in relation to the payment requirements, procedures, etc. for nursing care benefits to be paid pursuant to paragraph 1 shall be prescribed by Presidential Decree.

SECTION VI ACCIDENT BENEFITS FOR SURVIVORS

Article 35 (Disability Benefits for Survivors)

(1) Where a person entitled to receive a disability pension dies, the disability pension for survivors shall be paid to the survivors of the public official.

(2) The disability pension for survivors shall be 60 percent of the disability pension amount receivable by the public official.

Article 36 (Survivors’ Pension for Public Officials Who Died on Duty)

(1) Survivors’ pension for public officials who died on duty shall be paid to the survivors of public officials who died on duty following a deliberation by the Council.

(2) Survivors’ pension for public officials who died on duty shall be the sum of the following amounts:

1. The amount equivalent to 38 percent of the standard monthly income at the time of the death of the public official in question (refers to the time of retirement in case of death after retirement; hereinafter the same shall apply in this Section);

2. The amount equivalent to 5 percent of the standard monthly income at the time of the death of the public official in question per survivor of the public official who died on duty: Provided, That the sum of the amounts cannot exceed 20 percent of the standard monthly income at the time of the death of the public official.

Article 37 (Survivors’ Compensation for Public Officials Who Died on Duty)

(1) Survivors’ compensation for public officials who died on duty shall be paid to the survivors of public officials who died on duty following a deliberation by the Council.

(2) Survivors’ compensation for public officials who died on duty shall be 24 times the average amount of the standard monthly incomes of all public officials.

Article 38 (Survivors’ Pension for Public Officials Who Died on Dangerous Duty)

(1) Survivors’ pension for public officials who died on dangerous duty shall be paid to the survivors of public officials who died on duty following a deliberation by the Council.

(2) Survivors’ pension for public officials who died on dangerous duty shall be the sum of the following amounts:

1. The amount equivalent to 43 percent of the standard monthly income at the time of the death of the public official in question;

2. The amount equivalent to 5 percent of the standard monthly income at the time of the death of the public official in question per survivor of the public official who died on duty: Provided, That the sum of the amounts cannot exceed 20 percent of the standard monthly income at the time of the death of the public official.

Article 39 (Survivors’ Compensation for Public Officials Who Died on Dangerous Duty)

(1) Survivors’ compensation for public officials who died on dangerous duty shall be paid to the survivors of public officials who died on duty following a deliberation by the Council.

(2) Survivors’ compensation for public officials who died on dangerous duty shall be 45 times the average amount of the standard monthly incomes of all public officials.

(3) Notwithstanding paragraph 2, Survivors’ compensation for public officials who died on dangerous duty for survivors of public officials who died as a result of an accident that occurs during a counter-espionage mission pursuant to Article 5 1 (b) shall be 60 times the average amount of the standard monthly incomes of all public officials.

Article 40 (Loss of Entitlement and Transfer to Receive Disability Survivors’ Pension, etc.)

(1) Where a person entitled to receive a disability survivors' pension, survivors' pension for public officials who died on duty or survivors' pension for public officials who died on dangerous duty falls under any of the following, he/she shall relinquish such entitlement:

1. When he/she is deceased;

2. When he/she remarries (including where he/she is in a de facto conjugal relationship);

3. When the kinship is terminated with the deceased who was a public official;

4. When a child or grandchild who is not in the state of disability prescribed by Presidential Decree attains 19 years of age;

5. When the state of disability of an annuitant who has been receiving a disability survivors' pension, survivors' pension for public officials who died on duty or survivors' pension for public officials who died on dangerous duty as prescribed in Presidential Decree is annulled.

(2) Where a person entitled to receive a disability survivors' pension, survivors' pension for public officials who died on duty or survivors' pension for public officials who died on dangerous duty loses such entitlement, such entitlement shall be transferred to a person in the same order of priority, if any, and, to a person next in order, if no person exists in the same order of priority.

Article 41 (Disability Survivors’ Pension, etc. Payable to Missing Persons)

Where a person entitled to receive a disability survivors' pension, survivors' pension for public officials who died on duty or survivors' pension for public officials who died on dangerous duty is missing for not less than one year, pensions for the period for which he/she is missing may, at the request of a person in the same order of priority, be paid to the person in the same order of priority, and, if no person exists in the same order of priority, pensions for the period for which he/she is missing may be paid to a person next in order at the request of the person next in order of priority.

SECTION VII RELIEF BENEFITS

Article 42 (Accident Relief Money)

(1) Where any public official suffers any damage to his/her property due to a flood, fire or any other accident, accident relief money within the limits of the amount equivalent to four times the average of the amounts of standard monthly incomes of all the public officials shall be paid.

(2) The range of accident according to the under paragraph (1) and the amount of accident relief money according to the degree of accident shall be prescribed by Presidential Decree.

Article 43 (Death Condolence Money)

(1) When the spouse, a parent (including a parent of the spouse), or a child of a public official is deceased, death condolence money shall be paid to the public official concerned. In such cases, when two or more public officials subject to the payment of such death condolence money exist, it shall be paid to one public official prescribed by Presidential Decree, but when another public official who have supported the deceased exists, it shall be paid to such another public official.

(2) When a public official is deceased, death condolence money shall be paid to his/her spouse, but when no spouse exists, it shall be paid to a person who conducts a funeral and memorial service, as prescribed by Presidential Decree.

(3) Death condolence money under paragraph (1) shall be the amount equivalent to 65percent of the average of the amounts of standard monthly incomes of all the public officials, and death condolence money under paragraph (2) shall be the amount equivalent to double of the amount of standard monthly income of the public official concerned.

SECTION VIII RESTRICTIONS ON BENEFITS

Article 44 (Restriction on Benefits due to Willful Conduct, Gross Negligence, etc.)

(1) If a person entitled to receive benefits under this Act intentionally causes a injury, disease, disability, dies or accident (excluding the proviso to Article 4 (2)), the relevant benefits shall not be paid.

(2) If a person entitled to receive survivors' benefits intentionally causes the death of a present or former public official or a person who is receiving accident survivors' benefits, the survivors' benefits shall not be paid to such person. The same shall also apply where, before the death of a present or former public official, a person supposed to be entitled to receive survivors' benefits due to the death of such present or former public official, intentionally causes the death of another relevant person in the same order of priority or in a higher order of priority.

(3) If a person entitled to receive benefits under this Act falls under any of the following, the relevant benefits may not be paid fully or partially, as prescribed by Presidential Decree: Provided, That in cases of subparagraph 2, the full amount of the Medical care benefits, Rehabilitation benefits, nursing care benefits shall be paid:

1. Where a person intentionally worsens the degree of a disease, injury, or disability, or prevents recovery therefrom.

2. Where a person fails to comply with instructions for medical care, by gross negligence or without any justifiable ground, and thereby causes a disease, injury or disability, dies, worsens the degree of such disease, injury or disability, or prevents recovery therefrom;

Article 45 (Restriction on Benefits in Cases of Refusing Diagnosis)

Where a person who is or was a public official fails, without any justifiable ground, to receive diagnosis for the payment of benefits under this Act, the Minister of the Personnel Management may not pay the relevant benefits partially, as prescribed by Presidential Decree.

CHAPTER III ACCIDENT PREVENTION AND SUPPORT FOR REHABILITATION AND RETURNING TO WORK

Article 46 (Accident Prevention)

(1) The State and local governments may establish and pursue the following policies for the purpose of preventing accidents on official duty (hereinafter referred to as “accident prevention” in this Article) in order to create an environment in which the affiliated public officials can faithfully perform their roles as servants of all people by being devoted to their duties with an ease of mind:

1. Education and promotion for accident prevention;

2. Preparation of control standards for accident prevention;

3. Improvement of work environment for accident prevention;

4. Other matters necessary for accident prevention.

(2) The Minister of Personnel Management may carry out the following businessess in order to provide comprehensive and systematic support for measures related to accident prevention:

1. Development and dissemination of accident prevention education programs;

2. Fact-finding surveys on accidents on official duty and research on accident prevention;

3. Safety inspections and consultations on facilities and equipment for accident prevention;

4. Health diagnoses and consultations for accident prevention;

5. Promotion and domestic and international exchange and cooperation concerning accident prevention;

6. Other matters prescribed by Presidential Decree for accident prevention.

Article 47 (Support, etc. for Rehabilitation and Returning to Work)

(1) The State and local governments shall make the efforts necessary to promote the rehabilitation and job return of their affiliated public officials who have suffered an accident on official duty and to support their survivors.

(2) The Minister of Personnel Management may carry out the following projects to promote the rehabilitation and job return of public officials who have suffered an accident on official duty and to support their survivors.

1. Development and dissemination of problems related to rehabilitation and returning to work;

2. Preparation of standards for rehabilitation and returning to work;

3. Collection and provision of information and survey and research on rehabilitation and returning to work;

4. Psychological counseling for survivors of public officials who suffered an accident on official duty;

5. Other matters prescribed by Presidential Decree.

CHAPTERⅣ BEARING EXPENSES

Article 48 (Principles of Bearing Expenses)

(1) The State or local governments shall bear expenses for payment of benefits under this Act

(2) The State and local governments may pay for the expenses incurred by accident prevention businesses and businesses supporting rehabilitation and return to work under this Act within the scope of the budget each fiscal year.

Article 49 (Accident Compensation Charges)

(1) Expenses to be borne by the State and local governments under Article 48 (1) (excluding expenses incurred for paying accident relief money and death condolence money to be paid to public officials of local governments; hereinafter referred to as “accident compensation charges”) shall be the amount computed as prescribed by Presidential Decree in view of the incidence rate of accidents, the scope of expenses to be borne, etc.

(2) The accident compensation charges to be borne by the State and local governments shall be paid to the GEPS. In such cases, Article 71 (2) through (7) of the 「Public Officials Pension Act」 shall apply mutatis mutandis with respect to the payment procedure, settlement, collection, etc. of the accident compensation charges, except that “pension charges, etc.” shall be regarded as “accident compensation charges.”

(3) Where accident compensation charges cannot cover the expenditures required for the payment of the benefits (excluding expenses incurred for accident relief money and death condolence money to be paid to public officials of local governments), temporary borrowings may be made from the public official pension fund prescribed in the 「Public Officials Pension Act」. In such cases, the temporary borrowings shall be refunded by adding the interest prescribed by Presidential Decree by the end of the year after the following fiscal year.

Article 50 (Transfer of Amount of Public Officials Pension)

If retirement pension for survivors, lump-sum retirement pension for survivors or lump-sum retirement benefits for survivors are not paid as the survivors of the public official who died on duty or who died on dangerous duty chose to be paid survivors’ pension for public officials who died on duty or survivors’ pension for public officials who died on dangerous duty under Article 20 (1) or (2), the Minister of Personnel Management shall transfer the unpaid amount to the funds for accident compensation charges for the fiscal year after next. In such cases, if the survivors of the public official who died on duty or who died on dangerous duty receives survivors’ pension for public officials who died on duty or survivors’ pension for public officials who died on dangerous duty and is entitled to receive retirement pension for survivors, the amount to be transferred shall be computed as though a lump-sum retirement pension for survivors equivalent to the retirement pension for survivors has been paid.

CHAPTER Ⅴ REQUESTS FOR REVIEW

Article 51 (Requests for Review)

(1) Any person who is dissatisfied with a decision on benefits, any other benefits under this Act, etc. may request the Public Official Accident Compensation Pension Review Committee prescribed in Article 52 to perform a review, as prescribed by Presidential Decree.

(2) A request for review as prescribed in paragraph (1) shall be filed within 180 days after the date on which a decision, etc. is rendered or within 90 days after the relevant party becomes aware of such fact: Provided that this shall not apply where he/she proves that he/she was not able to file a request for review within such period due to a justifiable ground.

(3) Matters a request for review not prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

(4) No administrative appeal under the Administrative Appeals Act shall be filed with respect to a decision on benefits, and other benefits under this Act.

Article 52 (Public Official Accident Compensation Pension Review Committee)

(1) In order to review the following matters, the Public Official Accident Compensation Pension Review Committee (hereinafter referred to as the “Committee”) shall be established under the Prime Minister.

1. Matters concerning the requests for review under Article 51;

2. Other matters prescribed as matters for review by the Committee in the other acts.

(2) The Committee may submit opinions or recommendations for improvement to the Minister of Personnel Management when it is deemed necessary to improve the statutes and systems related to reviews.

(3) The Committee may request dispatch of public officials and personnel members of the relevant administrative agencies, local governments and public agencies, if necessary, for the performance of the Committee’s duties.

(4) A secretary organization shall be established within the Committee to support and process the work of the committee.

(5) The Committee may have specialized manpower to strengthen the professionalism of the review work and carry out investigation, research and other tasks related to reviews.

(6) Matters necessary for the organization and operation of the secretary organization, qualifications of specialized manpower, etc. prescribed in paragraphs (4) and (5) shall be determined by Presidential Decree.

Article 53 (Composition, etc. of the Committee)

(1) The Committee shall consist of no more than 50 members, including one chairperson, and one of the members shall be a standing member.

(2) The chairman and the standing member of the Committee shall be named or appointed by the President from among the persons falling under any of the items of paragraph (3) in accordance with the recommendation of the Minister of Personnel Management. In such cases, the standing member shall also serve as the head of the secretary organization prescribed in Article 52 (4).

(3) The ex officio members of the Committee shall be senior officials of the Ministry of Strategy and Finance, Ministry of the Interior and Safety, Ministry of Employment and Labor, Ministry of Patriots and Veterans Affairs or Ministry of Personnel Management or public officials equivalent thereto nominated among those who are in charge of work concerning accident compensation, pension, welfare, or service by the head of the respective agency, and non-ex officio members shall be appointed or named by the President among the following persons:

1. Persons who are serving or have served as a senior official or a public official equivalent thereto among those are working or have worked in areas related to personnel administration or social security such as accident compensation, pension, welfare, service, etc.;

2. Persons who are serving or have served as a judge, prosecuting attorney, or attorney at law;

3. Medical professionals prescribed in Article 2 of the 「Medical Service Act」;

4. Other persons with abundant academic knowledge and experience in relation to personnel administration and social security areas such as accident compensation, pension, welfare, service, etc.

(4) The term of office of the members shall be three years, and the members may serve consecutive terms as prescribed by the Presidential Decree: Provided, That ex officio members shall remain in office for the period they hold their respective posts.

(5) The meetings of the Committee shall consist of no fewer than 11 but no more than 15, including the chairperson, standing member, and the members designated by the chairperson for each meeting.

(6) The Committee may take the following measure, if necessary, for the review:

1. Requesting the attendance or listening to the opinions of the applicant requesting the review or the person designated by the applicant, the public official concerned, and any other interested parties;

2. Requesting the submission of documents on the public official concerned, any other persons and institutions concerned in the benefits, etc.

(7) Matters necessary for the organization and operation of the Committee other than the matters stipulated in paragraphs (1) through (6) shall be prescribed by Presidential Decree.

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 54 (Prescription)

(1) If the entitlement to receive Medical care benefits, Rehabilitation benefits, Nursing care benefits and relief benefits under this Act are not exercised for three years and other benefits are not exercised for five years, respectively, after any ground for such benefits arises, such entitlement shall expire due to extinctive prescription

(2) If the authority of the Minister of the Personnel Management and the head of a local government to collect or recover contributions, funds to be recovered, and other money to be collected, etc. under this Act is not exercised within five years after any ground for collection or recovery arises such entitlement shall expire due to extinctive prescription.

(3) The notice of or request for payment of funds to be recovered, and other money to be collected, etc. under this Act, and claims for the payment of benefits or for the refund of excessive payments under this Act, shall have the effect of interrupting extinctive prescription.

(4) Extinctive prescription interrupted under paragraph (3) shall run anew from the time when the term of payment under the notice of or request for payment has elapsed.

(5) If a person wins a lawsuit filed with regard to a decision on benefits under this Article, but does not exercise the entitlement to receive the Medical care benefits, Rehabilitation benefits, nursing care benefits relief benefits relating thereto within three years and other benefits within five years from the date on which such ruling has become final and conclusive, such entitlement shall expire due to extinctive prescription.

Article 55 (Period of Effectuation)

In calculating the period for a request for benefits or review, report, etc. as prescribed in this Act, the number of days taken by mail the relevant documents are sent shall not be included in such period.

Article 56 (Confirmation by Heads of Institutions)

(1) The head of an institution shall confirm the personal records necessary for the existence of any ground for benefits, and other personal matters of a present or former public official under this Act.

(2) The head of an institution may request a present or former public official or other related persons to submit materials or state their opinions, if it is necessary for performing duties to confirm matters as prescribed in paragraph (1).

Article 57 (Investigation, Report, etc.)

(1) The Minister of Personnel Management (including those entrusted with work under Article 61; hereinafter the same shall apply in this Article and Article 58) may request the following matters to the person entitled to benefits, the heads of agencies, the heads of the medical institutions, and any other persons concerned when deemed necessary for proper operation of the benefits prescribed in this Act and any other accident compensation systems:

1. Necessary reports and notifications;

2. Presentation and submission of books, documents, and other items

3. Attendance at a certain location and testimony or explanation of opinions.

(2) When deemed necessary for the proper operation of the benefits under this Act, the Minister of Personnel Management may have an affiliated public official (including the employee of the entrusted institution in the case of entrusting the work under Article 61; hereinafter the same shall apply in this Article) enter the related location to examine the books, documents or other materials or ask the persons concerned the necessary questions.

(3) When entering, investigating or asking questions under paragraph (2), the public official in question shall show to the person concerned a certificate indicating his/her authority.

(4) In the case under paragraph (1), when a person entitled to receive benefits fails to comply with the request without justifiable grounds, the payment of benefits may be suspended until he/she complies therewith.

Article 58 (Request for Provision of Data)

(1) The Minister of Personnel Management may request State agencies, local governments, medical care institutions, the Teachers Pension prescribed in the 「Pension for Private School Teachers and Staff Act 」 (hereinafter referred to as “TP” in this Article), the National Pension Service prescribed in the 「National Pension Act」 (hereinafter referred to as “NPS” in this Article), and the heads of any other institutions, corporations and organizations prescribed by Presidential Decree to provide resident registration, family relations registration, national taxes, local taxes, land, buildings, health insurance, disability registration, and any other data prescribed by Presidential Decree as the data necessary in relation to the accident compensation for public officials such as the benefits decision and payment, exercise of the right to claim for damages against a third party, etc. In such cases, the State agencies, local governments, medical care institutions, TP, NPS or heads of any other institutions, corporations and organizations receiving the request to provide such data shall comply therewith, in the absence of any extenuating grounds.

(2) The usage fees, etc. on the data provided to the Ministry of Personnel Management under paragraph (1) shall be exempted.

Article 59 (Honorable Treatment, etc.)

(1) Public officials who died on duty and their survivors may be given honorable treatment as follows:

1. Honorable treatment of public officials who died on duty and their survivors prescribed in Article 4 (1) 14 of the 「Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State」;

2. Honorable treatment of public officials who died in an accident and their survivors prescribed in Article 2 (1) 3 of the 「Act on Support for Persons Eligible for Veteran's Compensation」;

(2) Public officials who died on dangerous duty and their survivors may be given honorable treatment as follows:

1. Honorable treatment of military and police officers who died on duty and their survivors prescribed in Article 4 (1) 5 of the 「Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State」;

2. Honorable treatment of public officials who died on duty and their survivors prescribed in Article 4 (1) 14 of the 「Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State」;

3. Honorable treatment of military and police officers who died from an accident and their survivors prescribed in Article 2 (1) 1 of the 「Act on Support for Persons Eligible for Veteran's Compensation」;

4. Honorable treatment of public officials who died from an accident and their survivors prescribed in Article 2 (1) 3 of the 「Act on Support for Persons Eligible for Veteran's Compensation」.

(3) Notwithstanding paragraph (2), in the case of persons who are prescribed by other acts to receive honorable treatment falling under any of the following subparagraphs, the corresponding Act shall be observed:

1. Honorable treatment of military and police officers killed in action and their survivors prescribed in Article 4 (1) 3 of the 「Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State」;

2. Honorable treatment of military and police officers who died on duty and their survivors prescribed in Article 4 (1) 5 of the 「Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State」;

3. Honorable treatment of military and police officers who died from an accident and their survivors prescribed in Article 2 (1) 1 「Act on Support for Persons Eligible for Veteran's Compensation」.

(4) The determination and registration of persons to receive honorable treatment under paragraphs (1) and (2) shall be in accordance with the 「Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State」 or the 「Act on Support for Persons Eligible for Veteran's Compensation」.

(5) The State or local governments may provide honorable treatment to the public officials who died on duty or who died on dangerous duty and support to their survivors in accordance with what is prescribed by Presidential Decree. In such cases, the expenses incurred from the honorable treatment and support shall be borne by the State or local governments.

Article 60 (Special Cases for Individual Who Died on Official Duty)

(1) In case individual who died on official duty is acknowledged as a public official who died on duty or a public official who died on dangerous duty and is subject to the application of benefits (excluding death condolence money), honorable treatment, etc. (hereafter referred to as the “provisions on survivors’ benefits for public officials who died on duty or survivors’ benefits for public officials who died on dangerous duty”), the person shall be regarded as a public official under this Act, notwithstanding Article 3 (1) 1.

(2) In the case of individual who died on official duty, the provisions of the 「Industrial Accident Compensation Insurance Act」 and the provisions on survivors’ benefits for public officials who died on duty or survivors’ benefits for public officials who died on dangerous duty shall apply respectively : Provided, That the provisions on survivors’ benefits for public officials who died on duty or survivors’ benefits for public officials who died on dangerous duty shall apply only in cases where the death is acknowledged as a death subject to accident compensation under the 「Industrial Accident Compensation Insurance Act」.

(3) A person who want to be acknowledged as a survivor of individual who died on official duty shall claim survivors’ benefits for public officials who died on duty or Survivors’ benefits for public officials who died on dangerous duty to the Minister of Personnel Management with the documents, etc. related to the acknowledgment of deaths subject to accident compensation under the 「Industrial Accident Compensation Insurance Act」, after obtaining confirmation by the head of the institution (referring to the head of the State agency or local government that was performing the official duty at the time of death of the deceased in question) that the deceased was affiliated with at the time of death (referring to the timepoint of sustaining the injury or the onset of disease in case the deceased died from an injury or disease; hereinafter the same shall apply in this paragraph).

(4) In case individual who died on official duty is acknowledged as a public official who died on duty, survivors’ benefits for public officials who died on duty shall not be paid, notwithstanding paragraph (2).

(5) In case individual who died on official duty is acknowledged as a public official who died on dangerous duty, survivors’ pension for public officials who died on dangerous duty shall not be paid, notwithstanding paragraph (2): Provided, That notwithstanding the provisions in the body of Article 20 (5), Survivors’ compensation for public officials who died on dangerous duty shall be paid without deduction thereto in case compensation or reparation is paid under the 「Industrial Accident Compensation Insurance Act」.

(6) In the case of Survivors’ benefits for public officials who died on duty or Survivors’ benefits for public officials who died on dangerous duty under paragraph (3), the prescription shall not proceed from the date on which survivors’ benefits, etc. were claimed for the reasons of a death subject to accident compensation under the 「Industrial Accident Compensation Insurance Act」 until the date on which a decision is made to pay the said benefits (including the cases in which payment is decided following an administrative judgment, administrative litigation and any other appeal procedures), notwithstanding Article 54 (1).

(7) Matters necessary for the acknowledgment of individual who died on official duty, other than the matters stipulated in paragraphs (1) to (6), shall be prescribed by Presidential Decree.

Article 61 (Entrustment of the Duties)

(1) The Minister of Personnel Management shall entrust the GEPS with the following matters among the duties prescribed in this Act:

1. Receipt of claims for benefits and requests for reviews;

2. Decisions on rehabilitation benefits, nursing care benefits, disability pension for survivors and relief benefits (applicable only to cases in which the public official is not affiliated with a local government);

3. Payment of benefits;

4. Recovery of benefits, disposition for arrears and on deficits under Article 16;

5. Exercise of the right to claim damages against a third party under Article 21 (1);

6. Extension of the medical care period under Article 22 (2);

7. Calculation of medical care benefits under Article 25;

8. Matters concerning the loss and transfer of the right to receive disability pension for survivors under Article 40;

9. Matters concerning the calculation, settlement, collection management, etc. of accident compensation contributions under Article 49;

10. Any other matters prescribed by Presidential Decree.

(2) Where the GEPS is to administer a disposition for arrears referred to in paragraph (1) 4, the approval of the Minister of Personnel Management shall be received. In such cases, the executives and employees of the GEPS shall be regarded as public officials.

(3) The Minister of Personnel Management may entrust the GEPS with all or part of the projects for accident prevention under Article 46 (2) and supporting rehabilitation and a return to work under Article 47 (2).

(4) The Minister of Personnel Management may, when entrusting the duties under paragraph (1) or (3), subsidize the necessary expenses within the scope of budget.

(5) The Minister of Personnel Management may take necessary measures for supervision, such as receiving reports from the GEPS or inspecting the matters handled, in relation to the duties entrusted to the GEPS under paragraph (1) or (3).

(6) The GEPS may, with the approval of the Minister of Personnel Management, re-entrust part of the duties entrusted under paragraph (1) or (3) to a communications agency, local government, financial institution, or a public institution under Article 4 of the 「Act on the Management of Public Institutions」, or any other persons. In such cases, the necessary matters such as the scope of re-entrusted duties, the persons eligible for re-entrustment, payment of re-entrustment expenses, etc. shall be determined by Presidential Decree.

Article 62 (Legal Fiction as Public Official in Application of Penalty Provisions)

Any person who falls under any of the following subparagraphs shall be regarded as a public official when applying the provisions of Articles 129 to 132 of the 「Criminal Act」 concerning the duties:

1. Members of the Council;

2. Members of the Committee;

3. Executives and employees of the institutions, etc. involved in the duties entrusted by the Minister of Personnel Management under Article 61 (including the duties re-entrusted under to Article 61 (6)).

CHAPTER VII PENALTIES

Article 63 (Administrative Fines)

(1) When an executive officer or employee of the GEPS violates a measure taken under Article 61 (5), or refuses, hinders or evades an examination, he/she shall be subject to an administrative fine not exceeding one million won.

(2) Any person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding 300,000 won.

1. A person who did not follow the measure taken pursuant to Article 57 (1) or followed the measure in a falsified manner;

2. A person who refused, hindered or evaded the entry, investigation or questions under Article 57 (2).

(3) The administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Personnel Management.