Pension reduction upon dishonorable discharge... Can I prevent it by retiring now?

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dishonorable discharge

military pension

military criminal law

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作者: 박동일

Dishonorable discharge means being forced to complete military service due to acts that lower military prestige or violate the law.

This leaves a major stain on the soldier's honor and seriously affects pension benefits.

The Military Pension Act places restrictions on pension benefits for soldiers who are dishonorably discharged. Details are as follows.

▶ Changes in military pension benefits upon dishonorable discharge

- Dismissal by disciplinary action: 50% reduction in retirement benefits and retirement allowance

- Dismissal due to disciplinary action for receiving money/gifts/entertainment, embezzlement/misappropriation of public funds: 25% reduction in retirement benefits and retirement allowance

- Confirmation of imprisonment or higher sentence for crimes during service: 50% reduction in retirement benefits and retirement allowance

- Confirmation of imprisonment or higher sentence for crimes such as insurrection, foreign aggression, rebellion, or treason during service: Disqualification from pension benefits

Therefore, to avoid serious consequences such as dishonorable discharge or pension reduction, it is advantageous to consult with a specialist attorney with deep understanding of military law about dishonorable discharge and prepare an appropriate response strategy.