Understanding Your Rights: The 4 Major Insurances in South Korea
In South Korea, every employee, regardless of whether they are part-time, full-time, or temporary, has the right to be enrolled in the 4 major insurance programs if they meet certain work conditions. These insurances include National Pension, Health Insurance, Employment Insurance, and Industrial Accident Compensation Insurance. However, some employers illegally deduct these insurance fees from salaries without actually registering their employees. This article will guide you through verifying your insurance status and the steps you can take if you find yourself in this situation.
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Employers are required to deduct insurance fees from employees’ salaries and register them with the respective insurance agencies. Unfortunately, some businesses might deduct these fees without registering the employee, leading to a significant legal issue. If you suspect this is happening, you must take action to verify your insurance status.
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The requirement to enroll in these insurances is not limited to “permanent” employees. If you work more than 8 hours a day or more than 5 days a week, you’re entitled to these insurances. Furthermore, even daily workers who work more than 8 days a month are eligible. The cost of Health Insurance and National Pension is typically shared between the employer and the employee, which means an employer cannot unilaterally decide not to enroll you.
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If you notice deductions for 4 major insurances in your pay slip but are not officially registered, your employer might not be paying these fees to the insurance agencies. This could be classified as embezzlement or fraud, which are serious offenses. The absence of these insurances can affect your employment record, insurance payment history, and even your year-end tax settlements.
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Sometimes, employers might claim that you are a freelancer and deduct a 3.3% tax from your pay. This deduction is for business income earners, like freelancers or independent contractors, not for salaried employees. If you have a regular work schedule and receive instructions from your employer, you are considered an employee, and this deduction is inappropriate.
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If your income is reported as business income due to the 3.3% tax deduction, it can lead to issues with year-end tax settlements, such as loss of deductions or refunds. You might also face higher insurance premiums if you’re categorized as a regional insurance subscriber.
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1. **Verify Your Insurance Enrollment**: Check with the relevant insurance agencies to confirm your enrollment status. This can be done via their customer service lines or websites:
– National Pension Service: 1355
– Health Insurance Service: 1577-1000
– Ministry of Employment and Labor: 1350
– Workers’ Compensation and Welfare Service: 1588-0075
2. **File a Complaint with the Ministry of Employment and Labor**: If your employer hasn’t registered you, you can file a complaint online. Include details like your employment start date, work hours, salary, and any deductions.
3. **Report to the National Tax Service**: If your income is misreported, you can report it through the National Tax Service’s tax evasion report section.
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Before pursuing legal action or consulting legal advice, gather evidence such as:
– Pay stubs or payment records
– Work logs or attendance records
– Messages or emails confirming employment terms
– Contracts or job offers
Even if you lack a formal contract, messages and emails can serve as proof of employment.
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It might seem easier to ignore the issue, but failing to address it can have long-term consequences, affecting unemployment benefits, pension records, and even eligibility for certain housing applications. The 4 major insurances are not just deductions; they are crucial components of the social safety net for employees. If you find yourself in this situation, take necessary actions to correct it. Remember, labor authorities offer protection and support to those who report such violations.
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