Company registration to tax office and social securities (minimum of 1 employee)
Once a company is registered to tax office and minimum of 1 employee is hired, registration to social securities is mandatory. It should be reported to 3 offices:
- National pension
- National health insurance
- COMWEL that manages Employment insurance and Workers' compensation insurance.
After the registration report to social securities, exact insurance rate for employment insurance and workers' compensation insurance will be determined.
E-certificate (digital certificate)
In order to manage social insurances efficiently, e-certificate (or digital certificate) is commonly issued by many Korean companies. It allows us to track the status of reports (registration, deregistration, etc.), receive monthly bills in a fastest way and get detailed information about social insurances.
Hiring
When it comes to payroll, various requirements must be adhered to during the hiring process. This includes understanding and complying with local legal requirements and regulations, and setting up appropriate payroll systems and procedures based on these guidelines. Proper payroll management helps prevent legal issues, enhances employee satisfaction, and supports smooth business operations.
Social security registration
Employees hired with the condition of working more than 15 hours a week and for more than 1 month shall be registered to social securities. If the worker is over 60 years of age, he/she does not have to be registered to National pension. If the worker is a foreigner, eligibility for each social security may vary depending on the agreement between his/her country and Korea.
Minimum wage
Minimum wage | 2023 | 2024 |
---|---|---|
Hourly wage | KRW 9,620 | KRW 9,860 |
Monthly (209 hours) | KRW 2,010,580 | KRW 2,060,740 |
Allowances
A Company may decide to grant some allowances such as car allowance, meal allowance, childcare allowance, etc. Some of these allowance may not be taxable for the employee, upon meeting certain conditions.
Hiring a foreigner
To hire a foreigner, the followings should be conidered:
- Visa type/period
- Whether to apply Flat tax rate: Foreigners can apply for flat tax rate (19%). In this case, all non-taxable allowances should be considered as taxable, and application should be submitted by the employee.
- Eligibility for each social security: it can vary depending on the agreement between countries.
Operation
In Korea, successful business operations involve managing key aspects such as working hours, payroll, taxes, and employee leave. Businesses must ensure compliance with regulations on work schedules, payroll contributions, and various types of employee leave. Proper management of these elements is essential for legal compliance and smooth operational efficiency.
1) Working hours
The standard workday is 8 hours, and the standard workweek is 40 hours from Monday to Friday, although the law allows for flexible work-hour arrangements under certain conditions.
If there is an agreement between the employee and employer, work hours may be extended by up to 12 hours per week (a total of 52 hours).
If an employee worked more than normal 40 hours per week, during night time or holidays, additional allowance should be paid.
2) Social insurances
i. Social securities
Workers in Korea are required to subscribe to the four major insurance policies.
National pension
It is a public pension system directly operated by the Korean government. The premiums paid by workers during income-earning activities are paid back as a pension when income-earning activities are interrupted due to old age or sudden accident or death. Every July, the premium and monthly base are updated with no annual settlement.
9%
rate4.5%
employer's contribution4.5%
employee's contribution
Health insurance
This always goes with long-term care insurance. Every April, the premium and monthly base are updated with annual settlement. Since the billed amount is calculated based on the average monthly salary of previous year, the difference between withheld amount and actual premium (based on actual income) should be paid/refunded in April of following year.
7.09%
rate3.545%
employer's contribution3.545%
employee's contribution
*Long-term care: health insurance X 0.9182% 7.09%
Employment insurance
It can be divided into two parts: 1) Unemployment benefits and 2) Employment Security and Vocational Skills Development. Unemployment benefits are subsidies provided by the government when an employer is unavoidably dismissed or contract is terminated, while Employment security and vocational skills development is the government's support for free education to improve workers' vocational skills.
1.8%+0.25~0.85%
rate0.9%+0.25~0.85
employer's contribution0.9%
employee's contribution
Worker's compensation insurance (industrial accident insurance)
This is a system that subsidies medical expenses and compensation for accidents or diseases that occur while workers are working. Unlike other insurances, it does not exclude anyone from coverage, so it applies to all workers including foreigners and workers over 60 years of age. This is paid fully by the employer. Similar to the Employment Security and Vocational Skills Development of employment insurance, the rate varies depending on the industry of the company.
0.56 ~ 18.56%*
rate0.56 ~ 18.56%
employer's contribution0%
employee's contribution
*Varies by industry.
ii. Taxes
Income tax
Employers are responsible for withholding both income taxes and social security contributions from employee wages at the time of payment. Monthly withholding taxes are calculated based on the simplified tax table provided by National tax office and the final tax will be settled through year-end tax settlement. Deductions for dependents and children between 8 to 20 years old can be available for monthly withholding tax.
Local income tax
10% of income tax should be withheld and paid to local tax offices as well.
Year-end tax settlement
Final tax for the year is to be settled in January of following year. Employees apply for income / tax deduction such as dependent, credit card usage, house loan, etc., and employees pay additional tax or get refund after settlement. The result should be reported and paid to National tax service by March 10th.
Resident tax (employee portion)
It should be paid by employer to local tax offices if the average total income paid to employees for recent 12 months exceeds KRW 150 million.
3) Leave
Annual leave
In Korea, according to the Labor Standards Act, every employer shall grant any employee who has worked not less than 80 percent of one year a paid leave of 15 days. For any employee who has continuously worked for less than one year or who has worked less than 80 percent of one year one paid-leave day for each month during which he or she has continuously worked.
One day of paid leave must be added for every two years from 3rd year and this shall not exceed 25 days. If there remains unused annual leaves remain at the end of the year or when an employee resigns, it should be compensated as unused annual leave allowance.
Work period | Less than 1 year | 1 to 2 years | 3 to 4 years | ・・・ | 20 years and more |
---|---|---|---|---|---|
Number of annual leave | 1 day per month | 15 days | 16 days | ・・・ | 25 days |
Sick leave
Employers are required to pay employees for sick leave in cases of occupational injury or illness. Employees may be asked to submit a medical certificate from a doctor.
Military leave
It is prohibited for employers to give a disadvantage to employees for being absent from work due to military duties. Salary should be paid for relevant period.
Family care leave
Employer should grant family care leave if an employee applies for it urgently in case of a family member’s illness, accident, old age, or childcare.
Family care leave can be up to 10 days per year, and it does not have to be given as a paid leave.
If an employer does not grant family care leave despite employee’s application, KRW 5 million will be imposed as a penalty.
Menstruation leave
Employers are required to grant a female worker one day of menstruation leave per month upon her request, but it does not have to be given as a paid leave.
4) Leave of absence
Maternity leave
For pregnant female workers, employers must provide 90 days of maternity leave before and after childbirth. 45 days must be secured after giving birth, and in the case of multiple foetuses, 60 days out of 120 days of maternity leave should be secured. If the date of birth is later than expected and 45 days of leave after childbirth cannot be secured, the employer must grant additional leave to ensure 45 days after childbirth.
Paternity leave
If employee requests leave of absence due to his spouse giving birth, 10 days of leave must be granted as paid leave. Additionally, in principle, leave is to be used after childbirth, but if the leave period includes the expected date of delivery, leave can be claimed and used even before the date of childbirth. Paternity leave must be applied for within 90 days from the date of childbirth and can be used in instalments only once.
Childcare leave
Where a pregnant female employee or an employee applies for a leave of absence in order to enjoy maternity protection or to raise his or her children (including adopted children) aged eight years or younger or in the second grade or lower of elementary school, respectively, the employer shall grant its permission. The period of childcare leave shall not exceed one year. The period of childcare leave shall be included in the period of his or her continuous service.
Termination
Managing employee termination involves handling essential administrative and financial procedures. Properly navigating these processes is critical for ensuring that the termination is executed smoothly and in compliance with legal requirements, thereby supporting overall business stability.
1) Deregistration and social security settlement
If an employee registered to social securities resigns, deregistration report is required after his/her total income is determined and relevant settlement should be processed. Since each social security are collected based on initially reported salary or average monthly salary of previous year, it should be settled based on actual income of the year.
2) Tax settlement
Including social security settlement mentioned above, tax settlement should also be processed. It is kind of interim settlement of the year, so employees should proceed with the year-end tax settlement at the end of the year, either individually or at their next company including the result of this settlement (withholding tax receipt).
3) Retirement benefit system
What is the retirement benefit system? This is a system in which an employer pays more than 30 days' worth of average wages as severance pay to workers who have worked for more than one year.
Severance pay
Severance pay is paid at the average wage of at least 30 days for one year of continuous employment.
The average wage is the total wage for the three months before termination date divided by the total number of days in that period. It must be paid within 14 days from termination date.
Severance pay = (average daily wage * 30 days * total continuous working days) / 365 days
Retirement pension (DC type)
Under the DC retirement pension, the employer each year reserves over 1/12 of an employee’s annual total wage in that employee’s retirement pension account; then, the employee invests the reserve, and when retiring from the company, receives the sum of the company’s contribution and his investment results, as a lump sum or a pension.
Retirement pension (DB type)
Under DB retirement pension, employees’ retirement benefits are defined in advance (same method as severance pay), and the company reserves the fund for paying retirement benefits in a bank. Employees can receive their retirement benefits as a lump-sum allowance or a pension after retirement. The company is responsible for the management of the reserve, and its contribution amount differs according to its management of the reserve.
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