‹ Korea Visa & Stay Q&A for Foreigners
Pension

Can foreign workers also receive severance pay?

Based on: Enforcement Decree of the Act on Foreign Workers' Employment, etc. (「외국인근로자의 고용 등에 관한 법률 시행령」) (Presidential Decree No. 32844, effective 2023.2.3.) · National Law Information Center (국가법령정보센터) Act on Foreign Workers' Employment, etc. (「외국인근로자의 고용 등에 관한 법률」) (Act No. 21065, effective 2025. 10. 1.) · National Law Information Center Employee Retirement Benefit Security Act (「근로자퇴직급여 보장법」) (Act No. 21475, effective 2026. 9. 18.) · Ministry of Employment and Labor (고용노동부) "Employment Permit System (EPS) Frequently Asked Questions" (「고용허가제(EPS) 자주 묻는 질문」) (posting date not confirmed) · Ministry of Employment and Labor Employment Permit System (EPS) "Employment Permit System Information" (「고용허가제 정보」) (viewed 2026.10.29)

Yes, foreign workers can also receive severance pay. If you work continuously for at least 1 year and then leave the company, you receive at least 30 days of average wages for each year of work, the same as Korean workers. It is forbidden to discriminate unfairly just because you are a foreigner.

💡 E-9 workers receive it through departure guarantee insurance

  • The employer must enroll in departure guarantee insurance (or a trust) within 15 days from the date the labor contract takes effect. Enrolling in this insurance is regarded as having set up a severance pay system.
  • The employer pays 8.3% of your monthly ordinary wage to the insurance company every month.
  • If you have worked continuously for at least 1 year, you can claim a lump sum from the insurance company when you leave Korea or your status of stay changes.
  • The insurance payment is usually made within 14 days from the time you leave Korea. If you apply after a change of status of stay or after departure, it is within 14 days from the application date.
  • If the insurance lump sum is less than the severance pay set by law, the employer must pay the difference.
  • You can ask the insurance company for written confirmation of the lump sum amount.

⚠️ Things to watch out for

  • If your continuous work period is less than 1 year, you are not eligible for severance pay. The departure guarantee insurance lump sum also goes to the employer.
  • If you leave your workplace of your own will, and your continuous work before and after leaving is less than 1 year, you cannot receive severance pay or departure guarantee insurance.
  • The right to claim insurance money expires if you do not use it within 3 years from the date the reason for payment arose.
  • If you work less than 15 hours per week, you may also be excluded from retirement benefits.

If the insurance company or the employer delays payment, contact an Employment Center (고용센터) or 1345 (Foreigner Comprehensive Information Center, 외국인종합안내센터). You can also get advice on labor condition disputes from the Ministry of Employment and Labor (고용노동부) at moel.go.kr.

Sources

  1. 외국인근로자의 고용 등에 관한 법률 시행령 · 제3장 외국인근로자의 고용관리 › 제21조Enroll in departure guarantee insurance within 15 days, lump sum claim, payment of the difference from severance pay
  2. 외국인근로자고용법 — 출국만기보험·귀국비용보험·차별 금지·보증보험·상해보험 › 제13조, 제22조Insurance enrollment is regarded as a severance pay system, payment within 14 days, discrimination is forbidden
  3. 근로자퇴직급여 보장법 — 퇴직급여제도 설정·퇴직금 산정·14일 지급·벌칙 › 제4조, 제8조Less than 1 year and less than 15 hours per week are excluded, at least 30 days of wages per year
  4. 고용허가제 FAQ · 퇴직금이란?After 1 year or more of work, at least 30 days of average wages per year
  5. 고용허가제 FAQ · 퇴직금의 받을수 없는 경우는?If continuous work after leaving on your own is less than 1 year, you cannot receive it
  6. 고용허가제 정보 · 고용/취업절차 사업주 › 출국만기보험Pay 8.3% of monthly ordinary wage, fine of up to 5,000,000 KRW if not enrolled
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Related questions

Can a foreigner receive a National Pension lump-sum refund when leaving Korea?Do foreigners also have to join the National Pension?When and how do I get the E-9 departure guarantee insurance?

General guidance prepared by K-VISA AI from Ministry of Justice manuals, laws and official guides. Not legal advice — please confirm with HiKorea or the Immigration Contact Center (1345).