MOEL Interpretation

Severance Pay Act

Retirement Pension System (General)


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214 Records
214.Inquiry 1: Can an executive who is not classified as a worker enroll in a retirement pension plan? Inquiry 2: Can a non-employee executive who has enrolled in a retirement pension plan receive all the tax benefits granted to retirement pension participants under tax law? Inquiry 3: If a non-employee executive is enrolled in a retirement pension plan, is it necessary to draft and report a retirement pension regulation? Inquiry 4: Can a non-employee executive establish an individual retirement pension account? Inquiry 5: When enrolling a non-employee executive in a retirement pension plan, is the individual’s separate consent required? Inquiry 6: Can the enrollment date for workers and non-employee executives in a retirement pension plan differ?
213.Is an executive enrolled in a retirement pension plan (who is not a “worker” under the 「Labor Standards Act」) required to comply with the 「Guarantee of Workers’ Retirement Benefits Act」 and the provisions of the retirement pension regulations? \[Specifically regarding voluntary withdrawal from the retirement pension plan followed by receipt of retirement benefits (interim settlement), or maintaining reserve levels below legal standards under a defined benefit plan]
212.If a public elementary school is newly established as of March 1, 2016, can the school be regarded as an independent business (unit) separate from the office of education, and is it then required to establish a DB or DC retirement pension plan pursuant to Article 5 of the 「Guarantee of Workers’ Retirement Benefits Act」?
211.If a defined benefit (DB) retirement pension plan is introduced for employees working at the ○○○○ Apartment Management Office under the employment of ○○ Development Co., Ltd., is it necessary to separately obtain the majority opinion of employees at the headquarters and other sites who are not included as plan participants? Is it possible to calculate a separate contribution rate based only on the ○○○○ Apartment Management Office site, excluding headquarters and other locations? If employees at other sites are enrolled in the future, will this affect the employees at the ○○○○ Apartment Management Office?
210.When a school establishes a retirement pension plan, is it permissible to obtain majority consent only from employees who are not subject to the Private School Teachers and Staff Pension Act?
209.If an employee working at School ‘A’ (operating a defined contribution (DC) retirement pension plan) under the Office of Education is transferred to School ‘B’ (operating a defined benefit (DB) retirement pension plan) as of March 1, 2014, is it permissible for the employee to enroll in the DB-type retirement pension plan at School ‘B’ upon their request?
208.When introducing a retirement pension plan, should the number of regular employees in a private school include teaching staff who are subject to the 「Private School Teachers and Staff Pension Act」 when determining whether the school has 30 or fewer regular employees? Option ①: Since the retirement pension system is governed by the 「Guarantee of Workers’ Retirement Benefits Act」, the number of regular employees should be calculated excluding those subject to the 「Private School Teachers and Staff Pension Act」. Option ②: As retirement pension regulations serve the same function as internal work rules, there is no legal basis for treating retirement pension differently from general work rules. Therefore, the number of regular employees should include those subject to the 「Private School Teachers and Staff Pension Act」.
207.In the case of seafarers subject to the 「Seafarers Act」, can they be covered by the retirement pension system under the 「Guarantee of Workers’ Retirement Benefits Act」 by complying with its procedures and standards? Or, must the system be implemented in accordance with the proviso to Article 51(1) of the 「Seafarers Act」—i.e., through a collective agreement approved by the Seafarers Labor Relations Commission or a provision in the seafarer employment contract? If application is possible, can seafarers receive the benefits guaranteed under the 「Guarantee of Workers’ Retirement Benefits Act」 and relevant tax laws? Additionally, if seafarers covered by the 「Seafarers Act」 can enroll in a statutory retirement pension system, would operating a defined contribution (DC) retirement pension plan conflict with the interim payment provision (so-called “mid-term settlement system”) recognized under Article 51(2) of the 「Seafarers Act」?
206.If a defined benefit (DB) retirement pension plan is introduced under the 「Guarantee of Workers’ Retirement Benefits Act」 (hereinafter “the Retirement Benefits Act”) for both seafarers subject to the 「Seafarers Act」 and general workers subject to the 「Labor Standards Act」, would it constitute unlawful differential treatment if the retirement benefit levels for seafarers are calculated in accordance with the 「Seafarers Act」 while those for general workers are calculated in accordance with the Retirement Benefits Act? Additionally, in the case of a defined contribution (DC) retirement pension plan, would it constitute differential treatment if seafarers’ contributions are calculated based on the 「Seafarers Act」 with an additional employer contribution, while general workers’ contributions are calculated under the Retirement Benefits Act?
205.Can foreign workers who are not employed under the Employment Permit System be enrolled in a retirement pension plan and have the system operated in the same way as it is for domestic workers?
204.Is a foreign worker whose visa status changed from H-2 to F-4 eligible to enroll in a defined contribution (DC) retirement pension plan?
203. 1. If a religious organization (e.g., a religious order or denomination) employs workers, is it permitted to introduce a retirement pension plan? 2. If the answer to Inquiry 1 is yes, is it possible to require enrollment for employed workers while allowing voluntary enrollment for non-worker members? 3. Is it permissible to operate a retirement pension plan in which the employer contribution is funded not by the organization itself but by the employee, who transfers the contribution amount to the employer for that purpose?
202.Factual Background * The dockworkers’ union is composed of port workers engaged in cargo handling and operates a labor supply business that provides workers to stevedoring companies. – That is, stevedoring companies can only obtain labor through the dockworkers’ union, and the union enforces a closed-shop system whereby only union members are allowed to perform cargo-handling work. – The working conditions of these workers are determined primarily by a collective agreement between the Korea Port Stevedoring Association and the National Federation of Dockworkers’ Unions, and their wages are received in bulk by the union from the stevedoring companies, after which a portion is deducted as union dues and the remainder is distributed to the workers according to work hours. – Additionally, these workers are subject not to the retirement benefit system under the 「Act on the Guarantee of Employees’ Retirement Benefits」, but rather to a separate retirement payment system governed by operating regulations established through consultation between labor and government agencies around 1978. The Korea Port Logistics Association, a separate entity from the union, manages and pays the retirement funds for these workers. Can the dockworkers’ union establish a retirement pension plan covering its union-member stevedores?
201.If a part-time worker has been employed for more than one year but works less than 15 hours per week, should the retirement pension be returned to the company?
200. What is the method for obtaining the consent of a majority of employees in order to introduce a retirement pension plan? Can employees elect a specific representative and have that representative sign the retirement pension plan agreement on their behalf?
199.When establishing a retirement pension plan that includes both regular and non-regular workers, is it sufficient to obtain consent from a labor union composed only of regular workers\* and from a majority of non-regular workers separately? * The labor union is organized exclusively by regular workers and does not represent a majority of the total workforce.
198. 1. If a labor union does not represent a majority of all employees but does represent a majority of the employees eligible for union membership (e.g., below assistant manager level), can the union representative consent to the introduction of a retirement pension plan? 2. In such a case, can employees not eligible to join the union (e.g., assistant manager level and above) be included in the retirement pension plan based solely on the union’s consent, or must a separate consent be obtained from a majority of the non-union-eligible employees?
197. 1. In the following cases of amending the retirement pension plan rules, would the changes be considered disadvantageous to employees? – Addition of a new retirement pension service provider to the rules – Change to the scheme''s commencement date and enrollment period (from including only the period after the scheme’s start date to also including the period before the scheme’s start date) 2. When submitting an amendment report for the retirement pension rules, must documentation proving that the employee representative’s consent or opinion has been obtained be attached? In the absence of a labor union, is it necessary to attach documentation showing consent or opinion gathering from a majority of all employees, as required at the time of the initial rule filing? Or is it sufficient to attach only the document signed by the elected employee representative?
196.In introducing a retirement pension system, if there are two labor unions in a workplace and neither union is organized by a majority of the employees, can the employer submit a consent form signed and sealed by the two union chairpersons as employee representatives without obtaining individual consent forms from each employee?
195. 1. Summary of the Inquiry Our corporation is actively considering the introduction of a retirement pension system. However, the labor union has not yet agreed to the introduction of the retirement pension system. To proceed with the implementation promptly, we would like to inquire about the following: 1) In a case where a majority labor union exists, can the retirement pension system be introduced only for non-union members (Grade 2 and above) based on individual consent without the labor union’s consent? 2) If the retirement pension system is introduced for non-union members based on individual consent, what documents must be submitted when reporting the retirement pension rules? 2. Argument A (甲說) 1) The labor union does not hold representative authority over non-union members (Grade 2 and above). 2) Employees of Grade 2 and above are managers or individuals acting in the interest of the employer, and therefore are not eligible for union membership. Thus, in introducing a retirement pension system for them, it is possible to do so based on individual consent without requiring the labor union''s agreement. 3. Argument B (乙說) 1) Article 4(3) of the 「Employee Retirement Benefit Security Act」 does not recognize any exception for non-union members. 2) Allowing such an exception could infringe upon the consent authority of the employee representative. Therefore, if a labor union organized by the majority of employees exists, the introduction of a retirement pension system should not be allowed without the union’s consent, even for non-union members. 4. Opinion of the Corporation It is deemed appropriate to follow Argument A (甲說).
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