MOEL Interpretation

Severance Pay Act

퇴직급여제도의 적용


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409 Records
409.Does a director who operates a childcare center fall under the scope of retirement benefit recipients under the 「Guarantee of Workers’ Retirement Benefits Act」?
408.Under the Ministry of Security and Public Administration’s Substitute Personnel Bank system, if a “temporary contract-based public official” is hired twice by the same institution (with a break in service between the two contracts) and the total service period exceeds one year, must retirement benefits be paid in accordance with Article 8 of the 「Guarantee of Workers’ Retirement Benefits Act」? ※ The individual in question was selected through public recruitment for the substitute personnel pool in both 2011 and 2012, with a break in service of 1 month and 23 days between the two contracts.
407.Whether a full-time member of the resident representative committee—an organization composed of landowners established to facilitate project implementation—is considered a worker.
406.Is a Martial Arts Research and Guidance Officer appointed by the National Police Agency entitled to receive retirement benefits?
405.If a person worked as a private academy instructor for four years but was registered as a sole proprietor, are they still eligible to receive retirement benefits?
404.A traditional market is currently undergoing a redevelopment project pursuant to the 「Special Act on the Promotion of Traditional Markets and Shopping Districts」. An employee who worked for the traditional market prior to the establishment of the redevelopment union in 1999 and continued working after September 1, 1999, performing both traditional market and union office duties—is this individual eligible for retirement benefits, and how should the service period be calculated? Are union executives (full-time union president, full-time directors, part-time auditors) eligible for retirement benefits?
403.Is a director who operates a national or public childcare center under a private commission eligible to receive retirement benefits (retirement reserves) upon expiration of the commission period?
402.Is a worker employed by a religious clan association (Jongjung) entitled to receive retirement benefits? * Period of employment: 1990 to December 2012 * Position: General Secretary of the Jongjung * Salary: KRW 1,500,000 (paid monthly on the 25th) * Duties: Management and operation of Jongjung property and other tasks stipulated in the Jongjung’s bylaws * Other: Workplace registered for industrial accident insurance
401.Is a full-time advisor who handled quarry licensing and restoration duties at a quarry for 5 years and 6 months from March 2007 to August 2012 eligible for retirement benefits?
400.If a religious worker serving in a religious organization has entered into a mutual volunteer agreement (a service contract) with the employer and receives hourly compensation (not unpaid), is the organization obligated to pay retirement benefits to that worker?
399.Are part-time instructors for swimming lessons eligible to receive retirement benefits?
398.Is an individual who serves concurrently as the representative and facility director of a social welfare corporation eligible for retirement benefit accumulation?
397.Is a building manager commissioned under a building management contract entitled to receive retirement benefits, and what is the legal basis for such entitlement? The building manager has been performing management duties since February 2003 under a commissioned contract. The written contract period was set from July 1, 2003, for one year, with automatic annual renewal unless otherwise stated by either party two months prior to expiration. The manager receives an annual remuneration of KRW 9,600,000, paid monthly in installments of KRW 800,000 on the last day of each month.
396.An apartment management committee was formed through resident self-governance (consisting of a general assembly, one chairperson, one general affairs officer, and five executives), and one cleaning worker has been hired to manage the apartment area. The elected chairperson receives KRW 200,000 per month as a confidential allowance (operational activity cost). Is the chairperson eligible to receive retirement benefits?
395.If the guidelines of the “Personal Care Assistance Program for Persons with Disabilities” did not include provisions for retirement benefit payments before the enactment of the 「Act on Activities for Persons with Disabilities」 (October 5, 2011), is retirement benefit payment required for work performed by personal care assistants prior to the law’s enforcement?
394.An individual joined a company on April 1, 1986, and worked as the Director of Finance until retiring on July 31, 2004, receiving retirement benefits. Afterward, the individual was re-employed as a contracted advisor on a one-year term from August 1, 2004, working full-time until December 31, 2010, and then part-time until July 31, 2015. Is this individual entitled to receive retirement benefits for the advisory period?
393.🟤 Inquiry 1 If a certified real estate agent establishes an office and jointly operates it with a partner who contributes only labor, sharing the business profits, is the labor-contributing partner entitled to retirement benefits? 🟤 Inquiry 2 If a commercial property manager works without a formal employment contract and receives 500,000 KRW per month from the real estate agent as support for meal and fuel expenses, and is paid a performance bonus based on a percentage of the commission for each completed deal, is the agent obligated to pay retirement benefits? 🟤 Inquiry 3 If, without a formal employment contract, the real estate agent pays a fixed monthly salary and a percentage of monthly business profits, should the portion paid as a percentage of profits be included when calculating retirement benefits?
392.○ Is an honorary counselor, who provides consultation to visiting civil petitioners at a civil complaint counseling center, entitled to retirement benefits as a worker?
391.○ Whether the representative of a social welfare facility is eligible for retirement benefits, and if the representative is not recognized as a worker, whether the retirement benefits or retirement reserves paid to the representative using government subsidies should be recovered.
390.🟤 Factual Background Four geriatric hospitals are operated in ○○ Province for the treatment and care of elderly patients, including those with dementia. To ensure efficient management and operation, the hospitals are entrusted to medical corporations pursuant to Article 4 of the 「○○ Provincial Ordinance on the Establishment and Operation of Provincial Geriatric Hospitals」. The medical corporation, as the trustee, pays remuneration from the hospital operating expenses to its chairperson and executive director for their participation in hospital management. The inquiry concerns whether officers of the entrusted medical corporation, who are not classified as workers under Article 2(1)(1) of the 「Labor Standards Act」, are eligible to receive retirement benefits (paid from hospital operating funds).
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