Go to Contents Go to Navigation

Providing pension pay to foreigners after departure constitutional: court

All News 12:09 April 12, 2016

SEOUL, April 12 (Yonhap) -- The Constitutional Court has ruled in a 6-3 vote that the law stating that pension for foreign workers is to be paid upon their departure from the country is constitutional, court records showed Tuesday.

In May 2014, foreign employees from Nepal and Uzbekistan brought the law, stipulating that their pension be paid to them within 14 days of their departure, before the constitutional court for a review, saying it violates their rights to receive insurance.

Under the South Korean insurance system, all employers who employ foreigners for at least one year should make monthly payments into a pension plan for them. In January 2014, a clause specifying the date of payment was added in an effort to prevent the illegal stay of the foreigners.

The Constitutional Court said designating the payment time based on a foreign employee's departure is inevitable considering all the problems that could arise in relation to illegal immigrants.

The court also dismissed the plaintiffs' claim that such payment arrangements unfairly discriminated them vis-a-vis local employees.

Judges who were opposed to the law said it violates foreign workers' right to labor, citing those who change their workplace before their visas expire. Even in that case, pension is paid when the workers leave South Korea, failing to fulfill its original purpose of protecting an employee's right to live, the judges said.


Issue Keywords
Most Liked
Most Saved
Most Viewed More
Send Feedback
How can we improve?
Thanks for your feedback!