Former Minister Kim Yong-hyun to Receive Military Pension Even if Convicted of Treason Charges

Pension Payment Possible Even if Punishment Confirmed as Civilian
Applied for Retirement Benefits as Security Office Chief and Minister Before Arrest

Former Minister of National Defense Kim Yong-hyun, who led the 12·3 emergency martial law and was prosecuted, applied for re-receipt of military pension. It has been revealed that since he is not an active-duty soldier, he can receive the pension even if his punishment is confirmed.

According to the Ministry of National Defense on the 14th, former Minister Kim submitted a 're-retirement report' to the Ministry of National Defense on the 5th of last month. This was two days after the declaration of emergency martial law on the 3rd of last month, and the same day Kim expressed his resignation to President Yoon Seok-yeol and was dismissed.

The Military Pension Act stipulates that if a retired soldier is appointed as a public official, pension payments are suspended during the period of public service, and upon leaving public office, a re-retirement report must be submitted within 30 days.

Former Minister Kim received military pension after his discharge in November 2017, but the pension payments were suspended from May 2022 when he was appointed as the head of the Security Office until his tenure as minister. By submitting a 're-retirement' report, meaning he retired again after stepping down as minister, he applied to resume the pension payments that had been suspended.

Former Minister Kim is currently detained and prosecuted on charges of engaging in important duties related to rebellion and abuse of authority to obstruct the exercise of rights. Even if his rebellion charges are confirmed and he is punished, it appears that the military pension must continue to be paid. The Military Pension Act stipulates that if a person commits crimes such as rebellion, foreign exchange offenses, insurrection, or treason during service and is sentenced to imprisonment or higher, only the principal and interest paid by the person are to be paid.

However, since former Minister Kim is accused of participating in the rebellion as a civilian, not as an active-duty soldier, he can receive the pension even if his punishment is confirmed.

Prior to being arrested by the prosecution, former Minister Kim also applied for retirement benefits for his positions as head of the Security Office and Minister of National Defense.