When a family member who paid into Korea’s National Pension dies, the family can receive one of three things — a survivor’s pension, a lump-sum refund or a death lump sum. Which one depends on who falls within the narrow circle of “survivors.” If no one qualifies for the survivor’s pension, the death lump sum widens the net to siblings and cousins. We read articles 72 to 81 and 115 of the National Pension Act as written.
1. Survivors for the survivor’s pension come first. A spouse, children under 25, parents 60 or older, grandchildren under 19 and grandparents 60 or older (any age if disabled) who depended on the deceased for their living.
2. Without such survivors, the death lump sum applies. It goes, in order, to the spouse, children, parents, grandchildren, grandparents, siblings and collateral relatives within the fourth degree. The amount equals the lump-sum refund but may not exceed 4 times the standard monthly income.
3. Claim within 5 years. The right to benefits lapses if not exercised for 5 years (10 years only for the refund paid when someone with under 10 years of contributions reaches 60).
Who counts as a “survivor” — article 73
| Order | Survivor | Condition |
|---|---|---|
| 1 | Spouse | — |
| 2 | Children | Under 25 or disabled |
| 3 | Parents (including the spouse’s) | 60 or older or disabled |
| 4 | Grandchildren | Under 19 or disabled |
| 5 | Grandparents (including the spouse’s) | 60 or older or disabled |
All must have been dependent on the deceased for their living at the time of death, under the test in Decree art. 47 and Table 1 item 3: a spouse and children are recognised (not a spouse where leaving home or going missing makes it plain there was no support relationship); parents are recognised when living together, and when living apart only for reasons such as study, work or care, or where the deceased regularly provided living costs. Grandchildren and grandparents carry the further condition that no other family member can support them (checked 8 October 2026). The survivor’s pension goes only to the highest-ranking survivors, shared equally among those of the same rank (art. 73(2) and (3)). It is 40% of the basic pension for under 10 years of contributions, 50% for 10–20 years and 60% for 20 years or more, plus dependants’ additions (art. 74).
When there are no survivors — the death lump sum (article 80)
| Who died | Death lump sum | Basis |
|---|---|---|
| A current or former contributor | An amount equal to the lump-sum refund — capped at 4 times the greater of the final standard monthly income (revalued) and the average over the contribution period | Para. 2 item 1 |
| An old-age pensioner, or a grade 1–3 disability pensioner | The difference, if the pension received so far is less than the item 1 amount | Para. 2 item 2 |
The order is spouse → children → parents → grandchildren → grandparents → siblings → collateral relatives within the fourth degree (para. 4). The article 73 age conditions do not apply here, but collateral relatives within the fourth degree receive it only if they depended on the deceased for their living at the time, and no payment is made in cases such as running away or disappearance set by decree (para. 1 proviso).
Decree art. 53, Table 1 item 4. There are three cases of non-payment: 1 year has passed since registration as residence unknown; 1 year has passed since the police received a report of leaving home or going missing; or the claim will lapse within 1 year and the Service has confirmed that contact has been lost for 1 year or more. Collateral relatives within the fourth degree are recognised when living together, and when living apart only where the deceased regularly provided living costs or other financial support. Added after reading the table on 8 October 2026.
The lump-sum refund equals the premiums paid (including the employer’s share for workplace members) plus interest set by decree (art. 77(2)). For example, for someone with a standard monthly income of 3 million won, the cap is 12 million won (our arithmetic — the actual cap uses revalued amounts).
How it relates to the lump-sum refund — article 77
When a former contributor dies, survivors may claim the lump-sum refund, except where a survivor’s pension is paid (para. 1 item 2). The scope and order of claimants follow article 73 (para. 3). So the structure reads as: article 73 survivors get the survivor’s pension (or the refund if its conditions are not met), and without them the death lump sum applies.
If a child or grandchild’s survivor’s pension ended — article 81
If a child (art. 73(1)2) or grandchild (item 4) received less survivor’s pension, by the time their entitlement ended through age and similar, than the death lump sum amount, the difference is paid as a lump sum.
Checklist
- ☐ Are there article 73 survivors (spouse, children under 25, parents 60+ and so on)? — then the survivor’s pension
- ☐ If not, check the death lump sum order through siblings and cousins
- ☐ Collateral relatives within the fourth degree must have been dependent
- ☐ The right lapses after 5 years unused — claim promptly
- ☐ The death report is due within 1 month — birth and death report deadlines
The filing deadline for renouncing or qualified acceptance (three months) is worked out in renunciation deadline calculator.
To put numbers on the 4-times cap and the difference for pensioners, see the National Pension death lump sum calculator.
Questions that remain
My uncle, who lived alone, was a contributor.
A nephew or niece is a third-degree collateral relative within “the fourth degree” in article 80, but receives it only if they depended on him for their living. Decree Table 1 recognises a collateral relative who lived apart only where the deceased regularly provided living costs or other financial support, so that is the test for a nephew or niece living elsewhere. Siblings of the deceased rank ahead.
What if they had drawn an old-age pension for years?
Article 80(2)2 pays the difference only when the pension received is less than the reference amount. If they had already received more, there is no death lump sum.
When the refund is paid, how much, and how to repay it on rejoining are set out in National Pension lump-sum refund.
If a pensioner dies with pension still unpaid, it is claimed by the spouse, children, parents, grandchildren, grandparents or siblings, in that order, within 5 years of the death (payment day and unpaid benefits).
Sources
- National Pension Act [in force 17 Jun 2026] [Act No. 21203] — original text (checked 30 September 2026). Source for article 73 (survivors, ages 25, 60 and 19), article 74 (40%, 50%, 60%), article 77 (lump-sum refund), article 80 (death lump sum, 4 times cap, order), article 81 (difference paid as a lump sum) and article 115 (5 and 10 years).
- Enforcement Decree of the Act [in force 1 Jan 2026] [Presidential Decree No. 35602] — original text (checked 8 October 2026). Articles 47 and 53, Table 1 item 3 (survivor’s pension) and item 4 (death lump sum, 1 year, collateral relatives within the fourth degree).
- Our own working. “A 12 million won cap for 3 million won of standard monthly income” is our example applying the 4 times multiple.
Where to check further
- Claims — a National Pension Service branch or call centre.
- Survivor’s and split pensions — split and survivor’s pensions.
Written on 30 September 2026. Articles are from the National Law Information Center; the tables and example are ours.
