Last Change:
08/18/2025
National Pension Act
Year: 1974
Type: Domestic law
Rights Category: Social protection, Work & Workplace rights
Selected provisions
(1) Notwithstanding Article 6, a foreigner employed in a workplace governed by this Act or resides in the Republic of Korea, other than a person prescribed by Presidential Decree, shall be a workplace-based insured person or individually insured person, as a matter of course: Provided, That this shall not apply if any relevant laws of such foreigner's home country does not apply to the citizens of the Republic of Korea with respect to a pension equivalent to the National Pension Scheme under this Act. <Amended by Act No. 13100, Jan. 28, 2015>
(2) To apply Article 67 (1) 1 to a foreigner who participates or participated in the National Pension Plan (hereinafter referred to as "foreigner who participates or participated in the National Pension Plan, etc.") pursuant to the main sentence of paragraph (1), the date of the first medical examination of his/her disease or injury shall fall in the period during which he/she resides in the Republic of Korea. Articles 67 (excluding Article 67 (3) 2) through 71 shall apply mutatis mutandis to matters concerning the occurrence, suspension, and termination of the entitlement of a foreigner who participates or participated in the National Pension Plan, etc. to receive disability pension benefits and the payment of disability pension benefits to him/her. <Newly Inserted by Act No. 14214, May 29, 2016>
(3) Article 72 (2) 2 shall not apply where a foreigner who participates or participated in the National Pension Plan, etc. dies while he/she resides in the Republic of Korea. Articles 72 through 76 shall apply mutatis mutandis to matters concerning the occurrence, suspension, and termination of the entitlement of a foreigner who participates or participated in the National Pension Plan, etc. to receive survivor pension benefits and the payment of survivor pension benefits to him/her. <Newly Inserted by Act No. 14214, May 29, 2016>
(4) Articles 77 through 79 shall not apply to a foreigner who participates or participated in the National Pension Plan, etc.: Provided, That the foregoing shall not apply to any of the following foreigners: <Amended by Act No. 13100, Jan. 28, 2015; Act No. 14214, May 29, 2016>
1. A foreigner where a citizen of the Republic of Korea fails to acquire entitlement to receive benefits (referring to benefits corresponding to benefits under subparagraphs 1 through 3 of Article 49) pursuant to the Acts of a foreign country to which the foreigner belongs, and falls under any subparagraph of Article 77 (1), and it is provided by the Acts of the foreign country that a certain amount (referring to an amount calculated based on pension premiums paid during the period of participation in the National Pension Plan) shall be paid to the citizen of the Republic of Korea in a lump sum;
2. A foreign employee under the Act on the Employment of Foreign Employees, etc. employed at a workplace governed by this Act;
3. A person employed at a workplace governed by this Act who has the qualification to stay for him/her to participate in industrial training activities pursuant to Article 10 of the Immigration Act and does not leave a designated place where he/she receives training for the period of necessary training.
(5) Methods, procedures, etc. for reporting the acquisition of qualification of a foreigner who participates or participated in the National Pension Plan, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13100, Jan. 28, 2015; Act No. 14214, May 29, 2016>