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Employment of Foreign Workers
Purchase of the 4 Major Social Insurances (Industrial Accident Compensation Insurance, National Health Insurance, Employment Insurance, and National Pension Insurance)
Industrial Accident Compensation Insurance (Mandatory)
- Industrial accident compensation insurance applies to every business or workplace that employs workers without differentiating national workers from foreign workers, except for any of the following businesses (Article 6 of the Industrial Accident Compensation Insurance Act and Article 2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act):
1. Projects in which accident compensation is applied pursuant to the Public Officials' Accident Compensation Act or the Military Disaster Compensation Act (however, except in cases where the provisions on net-employed survivors benefits or dangerous-service net-employed survivors benefits are applied)
2. Businesses in which accident compensation is provided pursuant to the Seafarers Act, Fishing Mariners and Fishing Boat Accident Compensation Insurance Act or Private School Teachers' Pension Act
3. Employment activities within households
4. Business run by an individual other than a corporation among agricultural, forestry (excluding logging industry), fishery, or hunting business, with less than 5 regular workers.
National Health Insurance (Mandatory)
- Foreign workers under either Non-professional Employment (E-9) or Working Visit (H-2) status who have filed for alien registration are subject to be insured under the National Health Insurance Act (Article 109 Section 2 of the National Health Insurance Act, Article 76 Section 1 of the Enforcement Decree of the National Health Insurance Act, and Article 14 of the Act on the Employment, Etc. of Foreign Workers).
- An employer of the relevant foreign worker shall report the acquisition of the eligibility of the employee insurance under the National Health Insurance Service within 14 days from the date the foreign worker’s employment has commenced (Article 8 Section 2 of the National Health Insurance Act).
Employment Insurance (Optional)
- TheEmployment Insurance Act shall be applied to every business or workplace employingworkers. However, this Act shall not apply to any of the following businesses(Article 8Section 1 of the 「Employment Insurance Act」 and Article 2 of the Enforcement Decree ofthe Employment Insurance Act).
1. An agricultural business, a forestry business, and a fishery business run by any person, other than a corporation, with not more than 4 full-time employees;
2. Construction conducted by individuals other than constructors, housing construction project operators, construction business operators, information and communications construction business operators, fire-fighting system business operators, or cultural heritage assets repair engineers ① the total construction costs of which are less than 20,000,000 won or ② which involves construction of a building with a total floor area of at least 100 square meters or substantial repair of a building which has a total floor area of not more than 200 square meters; or
3. Employment of households and other unclassified self-consumption and self-production activities.
- Foreign workers under Non-professional Employment (E-9) status or Working Visit (H-2) status acquire insured status by application. Therefore, an employer must file for an application of employment insurance for foreign nationals with the Korea Worker’s Compensation and Welfare Service if the foreign workers intend to apply for employment insurance (provision of Article 10-2 Section 1 of the Employment Insurance Act, Article 3-3 Subsection 2 Item B of the Enforcement Decree of the Employment Insurance Act, and Article 2 Section 1 of the Enforcement Rule of the Employment Insurance Act).
- An employer shall file a report on matter concerning the acquisition of insured status of a foreign worker with the head of the Regional Labor Office within 15 days of the month immediately following the month during which the employment of the foreign worker has commenced (such event concerning the acquisition of insured status occurs) (Article 15 Section 1 of the Employment Insurance Act and Article 7 Section 1 of the Enforcement Decree of the Employment Insurance Act).
National Pension (Reciprocity)
- National Pension shall apply to a foreign worker only if, under the principle of reciprocity, any relevant laws of such foreign worker’s home country apply to the citizens of the Republic of Korea with respect to a pension equivalent to the National Pension Scheme under the National Pension Act (the provisory clause of Article 126 Section 1 of the National Pension Act).
- In principle, a lump-sum refund under the National Pension Act is subject to the principle of reciprocity. However, for foreign workers under Non-professional Employment (E-9) or Working Visit (H-2) status, the provisions regarding lump-sum refund applies regardless of whether any relevant law of such foreign workers’ home country allows wages equivalent to lump-sum refund for the national workers of the Republic of Korea (Article 126 Section 4 Subsection 2 of the National Pension Act).