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National Assembly Legislation

  • Military Pension Act
    • Competent Ministry : Ministry of National Defense
    • Advance Publication of Legislation : 2018-12-13
    • Opinion Submission Deadline : 2018-12-27
Reasons for Proposal

The current Act stipulates that the payment of retirement benefits and retirement allowances may be suspended only in cases where an eligible recipient is undergoing an investigation or a criminal trial due to a crime for which he or she may be sentenced to imprisonment without labor or greater punishment due to a reason that arose during his or her service in the military.

However, as illustrated by a recent case involving suspects who have allegedly conspired and prepared for a rebellion, payments of retirement benefits and retirement allowances continue in the event that an offender has fled the country or otherwise cannot be located and the indictment is stayed, as there are no grounds on which to restrict the benefits.

Accordingly, the Amendment allows the payment of benefits to be suspended not only in cases where a beneficiary of military pension benefits is undergoing an investigation for a crime, but also when he or she cannot be located and the indictment is stayed or when it is difficult to proceed with an investigation due to the beneficiary’s escape (Article 33, paragraph 3).

Major Provisions

Allow the payment of benefits to be suspended not only in cases where a beneficiary of military pension benefits is undergoing an investigation for a crime, but also when he or she cannot be located and the indictment is stayed or when it is difficult to proceed with an investigation due to the beneficiary’s escape (Article 33, paragraph 3)

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