■ Industrial Accident Compensation Insurance
“Industrial accident” (hereinafter referred to as “industrial accident”) refers to an injury, disease, or death of a worker while at work, and “industrial accident compensation insurance” (hereinafter referred to as “industrial accident compensation insurance”) is social insurance to ensure the treatment of workers who have suffered an industrial accident and the livelihood of the person concerned and their families. insurance).
‘Industrial Accident Compensation Insurance’ is a social insurance to protect workers who have suffered industrial accidents and was introduced first among the four major insurances in Korea. Industrial Accident Compensation Insurance is a social insurance system in which the state carries out the compensation responsibilities that employers have to bear under the Labor Standards Act in case workers are injured or contract diseases due to work-related reasons. Industrial Accident Compensation Insurance is insurance in which employers are liable for workers who suffer occupational accidents based on the principle of no-fault liability, and the employer bears the full amount of insurance premiums.
To be recognized as an industrial accident ① The company must have industrial accident insurance. ② It must be an occupational accident. ③ You must be receiving treatment for more than 4 days or have a doctor's note stating that you need treatment.
In principle, the Industrial Accident Compensation Insurance Act applies to all businesses or workplaces that employ workers. However, considering the risk rate of the business, business scale and location, etc., businesses prescribed by Presidential Decree, that is, businesses subject to accident compensation under the Public Officials Accident Compensation Act, Military Pension Act, Seaman Act, and Private School Teachers and Staff Pension Act, employment activities within households, agriculture and forestry (this Act does not apply to businesses other than logging businesses), and fishery and hunting businesses, which are non-corporate businesses with fewer than five full-time workers.
The industrial accident compensation insurance premium is fully borne by the employer and is calculated as the sum of the total amount of individual remuneration multiplied by the industrial accident compensation insurance premium rate. Industrial accident compensation insurance premium rates for work-related accidents shall be determined by the Ordinance of the Ministry of Employment and Labor by classifying them by business type based on the ratio of the total amount of industrial accident insurance benefits to the total amount of remuneration for the past three years as of June 30 of each year, depending on whether or not the type of business is risky. Industrial Accident Compensation Insurance benefits are paid according to the application of the worker (or the survivor's family) in the case of injury, disease, disability, or death due to work-related reasons. Disability refers to a state in which the ability to work is lost or reduced due to mental or physical damage, even though an injury or disease has been cured. Survivors include the spouse (including those in de facto marriage), children, parents, grandchildren, grandparents, or siblings of the deceased.
Types of industrial accident compensation insurance benefits include medical care benefits, work suspension benefits, disability benefits, nursing benefits, survivors benefits, injury and disease compensation annuities, funeral expenses, and vocational rehabilitation benefits. It is most important for those who have suffered an industrial accident to receive medical care benefits because they can receive temporary work leave benefits as the next step and receive disability benefits and nursing care benefits in case of aftereffects.
‘Medical benefit’ is paid to a worker if he or she is injured or contracts a disease due to work-related reasons. It should be noted that if the injury or disease can be cured with medical treatment within 3 days, the medical care benefit will not be paid. In order to receive medical care benefits, the patient or his or her family member who has suffered an industrial accident must claim that it is an industrial accident; the employer must admit that it is an industrial accident; the doctor who first treated the patient must have the opinion that it is an industrial accident; and the doctor at the Korea Labor Welfare Corporation must determine that it is an industrial accident.
Often, even when patients and their families claim that they are industrial accidents, employers tend not to acknowledge industrial accidents, which causes disputes. Even if the employer does not acknowledge that it is an industrial accident, if patients and their families collect and submit evidence proving that it is an industrial accident while receiving treatment at an industrial accident hospital, etc., it may be recognized as an industrial accident by first-time doctors and medical staff of the Korea Labor Welfare Corporation. You need to accurately record the situation and collect evidence. Medical care benefits include diagnosis and examination, medicines and medical materials, treatment and surgery, rehabilitation treatment, hospitalization, nursing and nursing care, etc.
'Suspension benefits' are paid to workers injured or diseased due to work-related reasons, equivalent to 70% of the average wage per day during the period of absence, to protect the livelihood of the worker and his or her family during the period of absence from employment due to medical treatment. However, it is not paid if the period of not being able to work is less than 3 days. For reference, the average wage is calculated by dividing the total wages received during the three months immediately preceding the injury or disease due to work-related reasons by the total number of days. The average wage is higher than the ordinary wage, but if it is less than the ordinary wage due to special circumstances such as business suspension, the ordinary wage is regarded as the average wage. Funeral expenses are paid when a worker dies due to work-related reasons, but an amount equivalent to 120 days’ average wages is paid. Since 1995, the Korea Workers' Compensation and Welfare Corporation has been in charge of industrial accident compensation insurance, entrusted to it by the Minister of Employment and Labor.
Meanwhile, all foreign workers are covered by industrial accident compensation insurance, regardless of their status of residence. Industrial Accident Compensation Insurance is the subject of industrial accident compensation in the case of a work-related accident, regardless of nationality or illegal stay. The Supreme Court made it clear that illegal stays are subject to crackdowns but ruled that workers' compensation insurance applies to illegal stays, to the effect that labor law protection should be provided for labor for which actual acts have already been provided. Supreme Court ruling 1995. 9. 15, 94nu12067 (cancellation of care disapproval decision).


■ Employment Insurance
Employment insurance is a type of social insurance that is implemented through the mutual linkage of various programs, including unemployment insurance, which traditionally pays unemployment benefits to unemployed workers; promotion of re-employment through job placement; employment stabilization programs to improve job security and the employment structure of workers; and programs for developing workers' vocational skills. The employment insurance system is a scheme that supports unemployment benefits and training costs for workers and employment maintenance and training costs for employers. As a general rule, the employment insurance system applies to all businesses or workplaces that employ workers. However, it does not apply to businesses designated by presidential decree based on the characteristics of the industry or the size of the business, among other factors.
Since the main purpose of employment insurance is to receive unemployment benefits from the perspective of workers, it is applied to all workers in principle, but it does not apply to cases where unemployment benefits are not required or are protected by other insurance. For example, those who have been employed or started self-employment after the age of 65, those whose contracted working hours are less than 60 hours per month (however, those who have continuously provided work for more than 3 months and daily workers are excluded), national and local public officials (public officials in special positions and public servants on a fixed-term basis can subscribe to employment insurance according to their own will), private school teachers, and foreign workers are excluded from the application of the Employment Insurance Act.
Employment insurance premiums are divided into insurance premiums for unemployment benefits and insurance premiums for employment security and vocational ability development projects, and workers and employers pay half of the insurance premiums for employment security and vocational ability development projects.
On the other hand, according to the Enforcement Decree of the Employment Insurance Act (Article 3 (2) 1), foreign workers are excluded in principle from the application of unemployment benefits under employment insurance. However, those who have residence status (F-2), permanent residence (F-5), or marriage immigration (F-6) are subject to natural employment insurance. From professor (E-1) to sailor employment (E-10), visiting employment (H-2), and overseas Koreans (F-4) are eligible for voluntary employment insurance because they are limited to those who have applied for employment insurance. Persons with residence status (D-7), corporate investment (D-8), and trade management (D-9) are eligible for employment insurance only if mutualism is applied and the foreign national's home law is applied to the Korean people.

■ National Health Insurance
The purpose of the National Health Insurance Program is to improve national health and promote social security by providing insurance benefits for prevention, diagnosis, treatment, rehabilitation, childbirth, death, and health promotion of people's diseases or injuries. In Korea, approximately 97% of the population is currently covered by the National Health Insurance, and other people who are recipients of basic livelihood security are provided with medical services in accordance with the Medical Benefit Act. Lee Cheol-Woo et al., 『Research on Immigration Law』, Gyeongin Munhwasa, 2017, p. 299.

National health insurance is compulsory insurance that is divided into employee and local subscribers. Excluded from employment insurance are self-employed workers who do not employ workers, daily workers employed for less than one month, part-time workers, and part-time workers whose contracted working hours per month are less than 60 hours. The insurance premium of an employee subscriber is the amount obtained by multiplying the standard monthly remuneration by the insurance premium rate, and the employee and employer each bear 50% of the calculated amount. As of 2016, the insurance rate is 6.12% for the monthly remuneration amount, which is borne by workers and employers by 3.06% respectively. Monthly health insurance premiums are calculated by multiplying the monthly remuneration amount (minimum 280,000 won, maximum 78.1 million won) by the monthly health insurance premium rate.



In the past, only foreign workers and other foreign workers who are eligible for National Health Insurance at work were obliged to subscribe, but from July 16, 2019, foreigners staying in Korea for more than 6 months (including overseas Koreans) from the date of entry are required to subscribe to National Health Insurance locally. Of course, you are enrolled as a target. However, if you can receive medical insurance equivalent to medical care benefits according to foreign laws, foreign insurance, and contracts with employers, you are excluded from the local subscription to national health insurance. That is, diplomacy (A-1), public service (A-2), agreement (A-3), other (G-1) (excluding humanitarian stay permit holders and their families), study abroad (D-2), and general training (D-4) are excluded from the local system of subscribing to national health insurance. For reference, foreign students are temporarily excluded from the local subscription to national health insurance until the end of February 2021, but from March 2021, they will be automatically enrolled as eligible for the local subscription to national health insurance.
On the other hand, if you leave the country and re-enter the country for more than 30 days, you must stay for more than 6 months from the date of re-entry to be able to re-subscribe to the national health insurance. Marriage immigrants are immediately enrolled in the national health insurance upon completion of foreigner registration. Health insurance premiums are calculated individually according to income and property. If the premium calculated on July 16, 2019 is less than the average premium of all subscribers in November of the previous year, an average monthly premium of 113,050 won is imposed. However, if a spouse and a child under the age of 19 live together in the same place of residence and wish to calculate insurance premiums on a family basis, documents confirming family relations must be prepared and applied. Foreigners enrolled in local health insurance must pay premiums for the next month in advance by the 25th of the previous month. Foreigners who are in arrears in paying health insurance premiums are restricted from various types of residence permits, such as visa extensions, just like tax arrears.

■ National pension
The National Pension System refers to a system in which pension insurance premiums paid by citizens are used to pay old-age pensions when the concerned citizens reach a certain age, or pensions are paid to support the livelihood of family members when a pension subscriber is disabled or dies. Citizens aged between 18 and 60 residing in Korea are eligible for the National Pension Scheme. However, public servants, soldiers, and private school employees who are subject to the Public Officials Pension Act, Military Pension Act, and Private School Pension Act are excluded from subscription.
Eligibility for the National Pension Scheme is divided into workplace subscribers and regional subscribers, and workplaces that regularly employ one or more workers are eligible. Exceptions to the application include self-employed workers who do not hire workers, daily workers employed for less than one month, part-time workers, and part-time workers whose contracted working hours per month are less than 60 hours. Pension insurance premiums are borne by workers and employers at 50% each in proportion to the national income. The types of benefits under the National Pension Act include old-age pensions, survivors' pensions, disability pensions, and lump-sum refunds.
On the other hand, foreigners working in workplaces to which the National Pension Act applies and foreigners residing in Korea naturally become workplace subscribers or local subscribers. However, if the national pension system corresponding to the national pension is not applied to the nationals of the Republic of Korea by the law of the foreigner's home country, the principle of reciprocity is adopted.
Foreigners who are excluded from the application of the national pension are as follows: (1) A person who stays illegally without permission to extend the period of residence, (2) A person who has not registered as an alien or has been issued a deportation order, (3) Culture and arts (D-1), study abroad (D-2), technical training (D-3), general training (D-4), religion (D-6), living together (F-1), accompanying (F-3), and others (G-1).
For reference, in order to become a recipient of the national pension, you must meet the minimum subscription period of 10 years and the eligible age of 60. Most foreign workers return to their home countries after staying in Korea for 3 to 5 years, so it is difficult to receive the national pension in practice. Therefore, foreigners who do not meet this requirement can receive the national pension payment as a lump sum refund upon departure.