Do foreigners working in Korea join the National Pension? The rule is that they “automatically become insured”. They drop out if their home country’s law does not apply its pension to Koreans, and the lump-sum refund of contributions on leaving is not available in principle, with three exceptions. Where a social security agreement exists, the agreement comes first. We read Articles 126 and 127 of the National Pension Act and Article 111 of its Enforcement Decree in the original.
1. The rule is automatic coverage. A foreigner employed at a covered workplace or residing in Korea becomes a workplace-based or individually insured person (Article 126(1)).
2. A lump-sum refund in three cases only. Nationals of a country that pays Koreans a lump sum, foreign workers under the foreign-worker employment Act, and industrial trainees (Article 126(4)).
3. An agreement overrides. For a country with a social security agreement, coverage, contributions, entitlement and payment follow the agreement (Article 127).
Who is covered — Article 126(1)
- The rule — a foreigner employed at a workplace covered by the Act, or residing in Korea, automatically becomes a workplace-based or individually insured person.
- The reciprocity exception — not where the law of the foreigner’s home country does not apply its equivalent pension to Korean nationals (proviso).
- Those the Decree excludes — the table below.
| Item | Foreigners excluded from automatic coverage (Decree, Article 111) | Our reading |
|---|---|---|
| 1 | A person staying without permission to extend the period of stay | Overstaying |
| 2 | A person who has not completed alien registration, or for whom a deportation order has been issued | Unregistered, or subject to removal |
| 3 | A person with a status of stay under the immigration Decree’s annexes, as prescribed by Ministry ordinance | Certain visa statuses — which ones is in the ordinance |
The statuses meant by item 3 are in the Ministry ordinance, which we did not read this time. Nor does the text name the countries caught by the reciprocity exception — you need to ask the National Pension Service (1355 in Korea) with your nationality and status of stay.
Is it refunded when you leave — Article 126(4)
Articles 77 to 79 shall not apply to foreign insured persons and the like. Provided that this shall not be so for a foreigner falling under any of the following items.
Articles 77 to 79 are the lump-sum refund provisions. So the rule is “no lump-sum refund”, and only the following three are exceptions.
| Item | Foreigners who can receive a lump-sum refund (gist) | Our reading |
|---|---|---|
| 1 | A national of a country whose law provides that a Korean who fails to gain entitlement there and meets a refund ground is paid a lump sum based on contributions paid | Reciprocity — if that country pays Koreans, Korea pays its nationals |
| 2 | A foreign worker under the Act on the Employment of Foreign Workers, employed at a covered workplace | Typically workers who came under the Employment Permit System |
| 3 | A person with industrial-trainee status who did not leave the designated training place during the training period, employed at a covered workplace | Industrial trainees |
Items 2 and 3 turn on the form of stay, not nationality. We read this as: other foreigners — for example those who worked on a professional visa or as students — get a refund only through item 1’s reciprocity or a social security agreement (our reading). The grounds and amount of the refund itself are in lump-sum refund.
If there is no refund, what becomes of the money
Not qualifying for a refund does not erase the period paid. Article 126 disapplies only the refund provisions, and applies the disability and survivor pension provisions with the necessary changes. Nothing in the text removes the old-age pension either — we read that as meaning a foreigner who completes 10 years of coverage can receive it (our reading), though how it is paid to someone living abroad was not checked this time.
Disability and survivor pensions — paragraphs (2) and (3)
- Disability pension — for Article 67(1)1 to apply, the first medical examination for the illness or injury must fall within the period of residence in Korea. Otherwise Articles 67 to 71 apply with the necessary changes ((2)).
- Survivor pension — where the foreign insured person dies while residing in Korea, Article 72(2)2 does not apply; otherwise Articles 72 to 76 apply with the necessary changes ((3)).
We did not reproduce what Article 72(2)2 excludes. The general conditions are in disability pension and split and survivor pensions.
Social security agreements — Article 127
Where Korea has concluded a social security agreement with another country, then “notwithstanding this Act”, coverage, payment of contributions, the conditions for and calculation of benefits and their payment follow what the agreement provides.
So an agreement can change the rules above — avoiding double contributions, or adding together periods in both countries; the content differs by agreement and is not in the Act. Which countries have which agreement is not covered here.
Checklist
- ☐ Is there a social security agreement with your country (if so, it comes first)?
- ☐ Does your status of stay fall under the exclusions in Article 111 of the Decree?
- ☐ Do you qualify for a refund on leaving — reciprocity country, foreign-worker Act, or industrial trainee?
- ☐ If not, keep the record of your insured period
Questions that remain
What if my employer deducted contributions but did not pay them?
Article 126 has no separate rule for foreigners. The general rule is in when an employer deducts but does not pay.
Can I claim after leaving Korea?
Time limits are in time limits on the National Pension. The procedure for claiming from abroad is not in the statute and is not covered here.
Sources
- National Pension Act [Act No. 21203, partially amended 16 December 2025] — original text (checked 7 October 2026). Article 126(1) (automatic coverage; reciprocity proviso), (2), (3), (4) (items 1 to 3) and (5); Article 127.
- Enforcement Decree of the National Pension Act [Presidential Decree No. 35602, partially amended 25 June 2025] — original text (checked the same day). Article 111 (items 1 to 3).
- Not read. The Ministry ordinance on excluded statuses, which countries fall under reciprocity, the individual agreements, Article 72(2)2, and procedures for payment or claims abroad.
- Our reading. Glossing item 2 as Employment Permit System workers, and the points on other foreigners and the old-age pension.
Where to check further
- The scheme as a whole — National Pension basics.
- How it applies to your nationality and status — asking the National Pension Service directly is the most reliable.
Written on 7 October 2026. The provisions are as published by the Korea Law Information Center; the reading is ours.
