May the Review Body Be Moved Inside the Agency That Decides Benefits? Questions on the Pre-Announced Amendment to the Public Officials Accident Compensation Act

The Materials Read and Their Stage

This entry reads materials at the stage of the Government's legislative pre-announcement. The notice is Ministry of Personnel Management Public Notice No. 2026-502; the pre-announcement page states that the period for receiving opinions runs from September 22 to November 2, 2026, and that the responsible office is the Accident Compensation Policy Division of the Ministry of Personnel Management. As of the verification date, the page showed 17 days remaining and 1 legislative opinion submitted. This entry did not read the content of that opinion.

The attached bill file is in the form of a bill cover page and states the submitter as the Prime Minister (under the jurisdiction of the Ministry of Personnel Management) and the stage as before review by the Ministry of Government Legislation. The reference notes in the same file already contain the statements "no matters of note as a result of the legislative pre-announcement" and "no objection as a result of consultation with the Regulatory Reform Committee." Because the pre-announcement period had not ended as of the verification date, these statements are not read as a record confirming the outcome of the pre-announcement. The parts read are the reasons for amendment and main contents in the notice, and the reasons for proposal, main contents, amending text, Addenda, and table comparing the current and proposed provisions in the attached bill. The article-by-article statement of reasons for enactment and amendment and the confirmation of non-attachment of a regulatory impact analysis were not read.

As of the verification date, the current Public Officials Accident Compensation Act was shown as Act No. 22049 (partially amended September 29, 2026, effective October 2, 2026); it was thus amended once after the pre-announcement began. This entry compared the current text of Articles 6, 16, 44, and 52 and Article 53 (1) with the "current" column of the bill's comparison table and, within the scope covered, found no differences.

Sources for this section: National Participatory Legislation Center legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (Ministry of Personnel Management Public Notice No. 2026-502) · Bill attached to the legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (hwpx) · Korea Law Information Center current Public Officials Accident Compensation Act (Act No. 22049, effective October 2, 2026)

The Structure of Decision and Review under the Current Act

Current Article 9 provides that a person who wishes to receive benefits files a claim with the Minister of Personnel Management, and that the Minister, after confirming the requirements, decides on and pays the benefits. When deciding on medical care benefits, disability benefits, survivors' benefits for death in the line of duty, or survivors' benefits for death in hazardous duty, the Minister must obtain deliberation by the Public Officials Accident Compensation Deliberation Committee, except in cases falling under Article 6 (2). Current Article 6 (1) establishes the Deliberation Committee within the Ministry of Personnel Management, and Article 6 (2) provides that cases in which it is evident that an injury in the line of duty was caused by an accident in the line of duty are excluded from deliberation.

Current Article 51 provides that a person who objects to a decision on benefits may request review by the Public Officials Accident Compensation and Pension Committee, and paragraph (4) provides that no administrative appeal under the Administrative Appeals Act may be filed against a decision on benefits. Current Article 52 (1) places that Committee under the Prime Minister; paragraph (2) allows the Committee to submit opinions or make recommendations for improvement to the Minister of Personnel Management; and paragraph (4) establishes a secretariat within the Committee. Current Article 53 provides that the Committee consists of no more than 50 members, that the chairperson and standing members are appointed or commissioned by the President upon the recommendation of the Minister of Personnel Management, and that the ex officio members include public officials of the Ministry of Personnel Management.

Current Article 16 (1) provides that where benefits have been received by false or other fraudulent means, the amount of the benefits, plus interest prescribed by Presidential Decree and the costs of recovery, shall be collected. The penalty in current Article 62-2 concerns the disclosure of secrets, etc. under Article 57-2 (4); that Article contains no sentence punishing fraudulent receipt of benefits as such.

Current Article 44 (2) provides that accident survivors' benefits shall not be paid where, among other cases, a person eligible to receive accident survivors' benefits intentionally caused the death of the public official or of a beneficiary. Paragraph (4) provides that where a person who had a duty to raise the public official failed to perform that duty, all or part of the benefits may be withheld, after deliberation by the Deliberation Committee and taking into account the period and degree of the failure, among other things. Article 1004-2 of the Civil Act establishes a system under which, upon a claim by the executor under the decedent's will made by notarial deed or upon a claim by co-heirs or others, the family court declares the forfeiture of the inheritance rights of a person who seriously breached a duty of support, committed a serious crime, or engaged in grossly unjust treatment. A claim by a co-heir must be made within six months from the date on which the co-heir learned that that person had become an heir; the family court may grant or dismiss the claim taking various circumstances into account; and once the declaration becomes final, the inheritance rights are forfeited retroactively to the time of commencement of the inheritance.

Sources for this section: Korea Law Information Center current Public Officials Accident Compensation Act (Act No. 22049, effective October 2, 2026) · Korea Law Information Center current Civil Act (Act No. 21454, enforced March 17, 2026)

What the Pre-Announced Bill Seeks to Change

The bill contains several provisions increasing compensation and honours. It raises the amount under Article 38 (2) subparagraph 1, which makes up the survivors' pension for death in hazardous duty, from 43 percent to 47 percent of the standard monthly income at the time of death, so that, as explained in the main contents, the payment rate changes from 43/100–63/100 to 47/100–67/100. It sets the minimum compensation standard for the death consolation payment for the survivors of public officials who died in the line of duty or in hazardous duty at 100 percent of the average standard monthly income of all public officials (proviso to proposed Article 10 (2)). It changes the requirement for rehabilitation exercise expenses from a medical opinion that a disability will remain to an opinion that a disability may remain, and extends the period after the end of medical care from three months to six months (proposed Article 26). It designates March 20 of each year as the Day of Public Officials Injured in the Line of Duty (proposed Article 7-2) and provides a legal basis for support for a phased return to work (proposed Article 47-2).

There are also provisions on the review structure. Proposed Article 6 (2) changes the exclusion from deliberation from "shall be excluded" to "may be excluded," and adds to the grounds for exclusion cases in which a decision on benefits is made on grounds prescribed by Presidential Decree, such as a decision of the Public Officials Accident Compensation and Pension Committee. Proposed Articles 7 and 53 increase the membership of the Deliberation Committee to no more than 200 and that of the Pension Committee to no more than 100. Proposed Article 52 (1) moves the Pension Committee from under the Prime Minister to under the Ministry of Personnel Management, and paragraph (4) of the same Article places the secretariat within the Ministry of Personnel Management instead of within the Committee. This change of affiliation is not mentioned in the main contents of either the notice or the bill.

The sanction provisions include reporting of fraudulent receipt and reward payments (proposed Article 16-2), and imprisonment with labour for not more than five years or a fine not exceeding KRW 50 million for fraudulent receipt (proposed Article 62-2 (2)). Proposed Article 44 (2) divides the two existing cases into subparagraphs and adds, as subparagraph 3, the case in which the person has forfeited his or her inheritance rights under Article 1004-2 of the Civil Act. Proposed Article 43 (4) provides that where grounds for death consolation payments arise simultaneously, only one shall be paid, upon application.

Article 1 of the Addenda proposes that the Act enter into force on the date of its promulgation, except that Articles 6 (2), 7-2, 16, 16-2, 47-2, 57-4, and 62-2 enter into force six months after promulgation and Article 57-3 one year after promulgation. Article 3 of the Addenda provides that the former provisions apply to benefits for which the grounds for payment arose before the Act enters into force, but that the increase in the payment rate of the survivors' pension for death in hazardous duty applies, even for persons whose grounds arose before entry into force, from the payment dates falling after entry into force. Article 4 of the Addenda applies the amended Article 44 also to persons for whom the grounds for accident survivors' benefits arose before entry into force, and restricts benefits from the first benefit instalment falling due after entry into force.

Sources for this section: National Participatory Legislation Center legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (Ministry of Personnel Management Public Notice No. 2026-502) · Bill attached to the legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (hwpx) · Korea Law Information Center current Public Officials Accident Compensation Act (Act No. 22049, effective October 2, 2026)

Why Place the Committee That Reviews Benefit Decisions Inside the Agency That Makes Them?

Under current Article 9, it is the Minister of Personnel Management who decides on benefits, and under Article 51, a person who objects to that decision requests review by the Pension Committee. Because Article 51 (4) bars administrative appeals against such decisions, the administrative-stage objection procedure provided by this Act is review by the Pension Committee. At present, the Pension Committee is under the Prime Minister and is in a position to recommend improvements to the Minister of Personnel Management.

Proposed Article 52 seeks to move this Committee under the Ministry of Personnel Management and also to place its secretariat within that Ministry. The agency that makes decisions and the agency that handles the affairs of the committee reviewing those decisions would then be the same. Current Article 53 already provides for the chairperson and standing members to be appointed upon the recommendation of the Minister of Personnel Management and for public officials of the Ministry to serve as ex officio members, and the bill does not change this provision. Nor is there any explanation of what meaning the recommendations for improvement to the Minister of Personnel Management under Article 52 (2) would have within a single agency.

The reasons for proposal and main contents refer to enhancing the expertise and speed of review but do not mention the change of affiliation itself. In a structure in which administrative appeals are excluded, why move the review body under the deciding agency, and by what mechanisms is the independence of review to be safeguarded?

Sources for this section: Bill attached to the legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (hwpx) · Korea Law Information Center current Public Officials Accident Compensation Act (Act No. 22049, effective October 2, 2026) · National Participatory Legislation Center legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (Ministry of Personnel Management Public Notice No. 2026-502)

How Far Does the Scope for Omitting Deliberation by the Deliberation Committee Extend?

Current Article 6 (2) provides that cases in which it is evident that an injury was caused by an accident in the line of duty shall be excluded from deliberation, thus defining the scope narrowly by statute and making exclusion mandatory. Proposed Article 6 (2) changes this to "may be excluded," allowing the Minister of Personnel Management to choose whether to obtain deliberation even in evident cases. The bill does not explain whether this change is intended to reduce or to increase processing delays.

Proposed Article 6 (2) subparagraph 2 adds as a ground for exclusion cases in which a decision on benefits is made on grounds prescribed by Presidential Decree, such as a decision of the Pension Committee. The main contents describe this as omitting the deliberation procedure for re-dispositions made pursuant to Pension Committee decisions, etc. However, because of the words "such as" in the provision and the delegation to Presidential Decree, the statute alone does not show what grounds other than Pension Committee decisions will be included. Since current Article 9 (3) makes deliberation the rule when deciding on benefits such as survivors' benefits for death in the line of duty or survivors' benefits for death in hazardous duty, the wider the scope of exclusion becomes, the more the exceptions to that rule are determined by subordinate legislation.

Should the grounds, other than re-dispositions, on which deliberation may be omitted be limited by statute, or left to Presidential Decree?

Sources for this section: Bill attached to the legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (hwpx) · Korea Law Information Center current Public Officials Accident Compensation Act (Act No. 22049, effective October 2, 2026)

Double Recovery for Fraudulent Receipt Is Absent from the Amending Text: Which Wording Is the Proposal?

Item (f) of the bill's main contents states that monetary sanctions and penal provisions against persons who fraudulently receive benefits are newly established, and cites proposed Article 16 as the provision. In the proposed-amendment column for Article 16 (1) of the comparison table, there is wording that, in cases of fraudulent receipt, an amount equal to twice the benefit amount plus the costs of recovery shall be collected, and wording, as the latter part of subparagraph 1, that this includes cases in which a material fact capable of affecting whether benefits are paid or the amount of benefits was intentionally omitted or concealed.

However, for Article 16, the amending text in the same file contains only one sentence, stating that paragraph (4) is newly inserted in Article 16, and contains no sentence amending paragraph (1). On the amending text, the double recovery and the wording including intentional omission or concealment would not become law. On the comparison table, the amount recovered would double and, together with the criminal penalty in proposed Article 62-2 (2), monetary sanctions and criminal punishment would both apply to fraudulent receipt. This entry has no basis for determining which is the intended wording.

Double recovery is in the nature of a sanction rather than a recovery. If so, it appears that the criteria for determining intentional omission or concealment, grounds for mitigation, and the relationship with criminal punishment should also be set out. Is the proposed wording of Article 16 (1) that of the amending text or that of the comparison table, and if double recovery is introduced, how are its requirements and its relationship with criminal punishment to be determined?

Sources for this section: Bill attached to the legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (hwpx) · Korea Law Information Center current Public Officials Accident Compensation Act (Act No. 22049, effective October 2, 2026)

If a Declaration of Forfeiture of Inheritance Rights Is Linked to the Restriction of Survivors' Benefits, What Happens When There Is No Declaration or It Comes Late?

Proposed Article 44 (2) subparagraph 3 provides that accident survivors' benefits shall not be paid where the person has forfeited his or her inheritance rights under Article 1004-2 of the Civil Act. Forfeiture of inheritance rights under the Civil Act is initiated only by the decedent's will made by notarial deed or by a claim by co-heirs or others; a claim by a co-heir is subject to a time limit of six months from the date on which the co-heir learned of the relevant fact; and the family court may dismiss the claim taking various circumstances into account. Consequently, even among persons who breached the duty of support to the same degree, whether survivors' benefits are restricted will differ depending on whether there was someone to file the claim and whether the claim was filed within the time limit.

Current Article 44 (4) already allows all or part of the benefits to be withheld, after deliberation by the Deliberation Committee, from a person who failed to perform a duty to raise the public official. Proposed subparagraph 3 is a route to withholding all benefits on the condition of a family court declaration. The bill does not set out the relationship between the two routes when both apply to the same person, for example how a case is to be handled where a declaration becomes final after a partial restriction under paragraph (4).

A question of timing also remains. Article 1004-2 (6) of the Civil Act provides that once the declaration becomes final, the inheritance rights are forfeited retroactively to the time of commencement of the inheritance, but Article 4 (2) of the Addenda applies the restriction of benefits from the first benefit instalment falling due after entry into force. Where the declaration becomes final after payment of benefits has begun, it is also unclear whether benefits already received become subject to recovery as a case in which the grounds for the benefits have retroactively ceased to exist under current Article 16 (1) subparagraph 2. The main contents of the bill cite the underlying statute as Act No. 20432, but as of the verification date Article 1004-2 of the Civil Act had been amended once more, by Act No. 21454. How is the bill to provide for survivors' benefits where there is no declaration of forfeiture of inheritance rights or where the declaration becomes final after benefits have begun?

Sources for this section: Bill attached to the legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (hwpx) · Korea Law Information Center current Public Officials Accident Compensation Act (Act No. 22049, effective October 2, 2026) · Korea Law Information Center current Civil Act (Act No. 21454, enforced March 17, 2026)

Commencement and remaining issues

Article 1 of the Addenda proposes entry into force on the date of promulgation, except that the provisions on exclusion from deliberation, the commemorative day, recovery, rewards, phased return to work, statistics, and penalties enter into force six months after promulgation, and the integrated information system one year after promulgation. Article 52, which changes the affiliation of the Pension Committee, is not in this list of exceptions and therefore reads as a provision entering into force on the date of promulgation. The Addenda do not state which agency's secretariat handles review requests pending on the date the affiliation changes, or how members' terms of office continue. The proposed conditions of entry into force are not fixed dates.

The provisions increasing compensation are partly applied retroactively under Article 3 of the Addenda, and Article 44, which restricts survivors' benefits, is also applied under Article 4 of the Addenda to persons whose grounds arose before entry into force. Retroactivity in both directions may apply to the same survivors at the same time.

This entry did not read the article-by-article statement of reasons for enactment and amendment, the content of the legislative opinion, the results of review by the Ministry of Government Legislation, the draft amendment to the Enforcement Decree, or the provisions of the Public Officials Accident Compensation Act defining the scope of survivors. It neither supports nor opposes the bill and does not predict whether it will be submitted to the National Assembly or how it will be dealt with. How is the bill to provide for the continuation of review requests pending and of members' terms of office at the time the Pension Committee's affiliation changes?

Sources for this section: Bill attached to the legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (hwpx) · National Participatory Legislation Center legislative pre-announcement: Partial Amendment Bill to the Public Officials Accident Compensation Act (Ministry of Personnel Management Public Notice No. 2026-502)