August 2nd week - Retirement Pension System (Revised Version Based on Laws and Regulations as of August 2026)
Retirement Pension System (Revised Version Based on Laws
and Regulations as of August 2026)
Bongsoo
Jung, Labor Attorney / KangNam Labor Law Firm
I.
Introduction
With the enforcement of the
Act on the Guarantee of Employees’ Retirement Benefits in December 2005, the
retirement pension system was introduced in addition to the existing severance
pay system. As of August 2026, the statutory “retirement benefit system”
includes the defined benefit retirement pension plan (DB), defined contribution
retirement pension plan (DC), the Retirement Pension Fund System for Small and
Medium Enterprises, and the severance pay system. Meanwhile, the term
“retirement pension system” refers to DB, DC, and the individual retirement
pension plan (IRP). Under the retirement pension system, an employer
accumulates funds for employees’ retirement benefits with external financial
institutions or other entities during the period of employment and pays the
benefits as an annuity or lump sum upon retirement, thereby strengthening
protection of employees’ entitlement to retirement benefits and their
retirement income security.
The 2012 amendment
restricted interim settlement of severance pay to statutory grounds, thereby
preventing retirement benefits from being depleted as living expenses during
employment. From April 14, 2022, the system was further strengthened so that,
in principle, not only retirement pension benefits but also severance pay must
be transferred to and paid through an IRP account designated by the employee or
another account prescribed by law. In addition, the pre-designated investment
option system (default option), intended to improve the long-term returns of DC
and IRP plans, came into full operation in July 2023. From July 2026, the
coverage of the Retirement Pension Fund System for Small and Medium Enterprises
(Pureun Seed) and the scope of persons eligible for participant-contribution
accounts were expanded.
The following sections
examine, based on the laws and regulations in effect as of August 2026, the differences
between the severance pay system and the retirement pension system; the need
for and procedures for introducing retirement pensions; the principal features
of DB, DC, IRP, and the Retirement Pension Fund System for Small and Medium
Enterprises; and key points concerning interim settlement, interim withdrawal,
and transfers to IRP accounts.
II. Comparison of the Severance Pay System and the
Retirement Pension System
The differences between the
severance pay system and the retirement pension system may be summarized as
follows.
1. Under the retirement
pension system, funds for retirement benefits are accumulated externally during
employment and benefits are paid through retirement pension providers or
similar institutions. In contrast, under the severance pay system, the employer
generally pays the statutory severance pay directly to the employee upon
retirement.
2. The basic statutory
benefit level under the severance pay system and the DB plan is the same in
that the benefit must be at least 30 days of average wages for each year of
continuous service. Average wages are calculated in accordance with the Labor
Standards Act and are generally based on the total wages paid during the three
months immediately preceding the date on which the cause for retirement arises.
Under a DC plan, by contrast, the employer contributes at least one-twelfth of
the participant’s total annual wages each year, and the final amount received
varies according to the contributions paid and the participant’s investment performance.
3. The method of paying
retirement benefits has also changed. From April 14, 2022, in principle, not
only retirement pension benefits but also severance pay must be transferred to
an IRP account designated by the employee or to the relevant account under the
Retirement Pension Fund System for Small and Medium Enterprises prescribed by
law. Statutory exceptions apply, including retirement after age 55, retirement
benefits of KRW 3 million or less, the employee’s death, departure from Korea after
retirement by certain foreign workers, and deductions required under other
laws. For DB and DC benefits, an exception is also recognized for repayment of
loans secured by the right to receive retirement pension benefits.
4. Because retirement
pension assets are accumulated outside the employer, protection of employees’
entitlement to retirement benefits is strengthened. In particular, a DB plan
must maintain at least the statutory minimum reserve at the end of each fiscal
year, and the current minimum funding ratio is 100% of the standard liability
reserve. Under a DC plan, contributions are paid into individual participant
accounts. The severance pay system relies relatively more on the employer’s
internal funds; however, even in the event of insolvency, separate safeguards
exist, including preferential payment of wage claims and the substitute payment
system. Accordingly, it is inaccurate to state categorically that “if the
employer becomes insolvent, the employee cannot receive severance pay.”
5. From the employer’s
perspective, regular contributions to a retirement pension plan can spread the
one-time cash burden that would otherwise arise when employees retire. Under a
DB plan, however, the employer bears any additional funding obligation caused
by a shortfall, whereas under a DC plan, once the employer fulfills its
statutory contribution obligation, the investment performance is reflected in
the participant’s benefit amount.
III. Need for and Introduction of the Retirement
Pension System
1. Need for the Retirement
Pension System
From the employee’s
perspective, a retirement pension is one component of the multi-pillar
retirement income security system consisting of the National Pension,
retirement pensions, and private pensions. By accumulating retirement benefit
funds outside the employer, the system strengthens benefit entitlements, and
when changing jobs, employees can transfer and aggregate retirement assets
through IRP accounts and continue investing them as retirement funds. However,
the actual effectiveness of a retirement pension in providing retirement income
security may vary depending on investment products, fees, inflation, and the
participant’s investment preferences. Accordingly, proper plan selection and
investment management are important.
From the employer’s
perspective, retirement benefit funds can be accumulated in a planned manner,
thereby spreading cash-flow burdens over time. Retirement pension contributions
may also be treated as deductible expenses, subject to statutory requirements
and limits, pursuant to Article 44-2 of the Enforcement Decree of the Corporate
Tax Act. In addition, where certain requirements under the Wage Claim Guarantee
Act are met, an employer may qualify for a reduction in the relevant
contributions.
2. Introduction of the
Retirement Pension System
An employer seeking to
establish a DB or DC retirement pension plan must prepare retirement pension
rules after obtaining the consent of, or hearing the opinion of, the employee
representative in accordance with Article 4 of the Act on the Guarantee of
Employees’ Retirement Benefits, and must report the rules to the Minister of
Employment and Labor. This is not an “approval” system. As a general rule, the
consent of the employee representative is required when a type of retirement
benefit system is newly established or changed to another type. When the
contents of an already established system are amended, the employer must
generally hear the opinion of the employee representative, while consent is
required if the amendment is disadvantageous to employees.
Retirement pension
providers are financial institutions or other entities that satisfy the
statutory registration requirements and perform plan-management and
asset-management functions. Plan-management functions include operation of the
plan, presentation of investment options, and recordkeeping. Asset-management
functions include receipt of contributions, custody and management of assets,
payment of benefits, and execution of investment instructions. Employers must
continuously perform their statutory administrative obligations, including
participant education, payment of contributions, compliance with the plan
rules, and procedures for benefit payments.
IV. Types of Retirement Pension Plans
1. Defined Benefit Retirement
Pension Plan (DB)
(1) Concept: Under a DB
plan, the level of benefits that an employee will receive upon retirement is
determined in advance, and the employer bears responsibility for investing the
plan assets. The benefit level must be set at no less than 30 days of average
wages for each year of continuous service. To ensure the ability to pay
benefits, the employer must maintain at least the minimum reserve at the end of
each fiscal year. The minimum funding ratio applicable since January 1, 2022 is
100% of the standard liability reserve.
(2) Characteristics:
Because the benefit level under a DB plan is fixed by the plan, the employer
bears the risk of any shortfall resulting from investment performance. As a
general rule, participants cannot make interim withdrawals from the reserve;
however, where statutory grounds and requirements are met, such as the purchase
of a home, a residential lease deposit, medical expenses for long-term care,
bankruptcy or individual rehabilitation, or a disaster, the participant may
pledge the right to receive retirement pension benefits as collateral.
Therefore, it cannot be said that a DB plan is “always” advantageous for a
particular company. The choice should be made after considering wage growth,
length of service, workforce structure, funding burden, and investment risk as
a whole.
(3) Eligibility for
Benefits: A DB pension is paid to a participant who is at least 55 years old
and has participated in the plan for at least 10 years, and the pension payment
period must be at least five years. If the participant does not satisfy the
eligibility requirements for a pension or wishes to receive a lump-sum payment,
the benefit may be paid as a lump sum. Upon retirement, benefits must, in
principle, be transferred to and paid through an IRP account designated by the
participant or another account prescribed by law, subject to statutory
exceptions.
2. Defined Contribution
Retirement Pension Plan (DC)
(1) Concept: Under a DC
plan, the level of contributions to be paid by the employer is fixed, and the
participant invests the amount accumulated in his or her own account. The
employer must contribute in cash to the participant’s DC account an amount
equal to at least one-twelfth of the participant’s total annual wages and must make
such contributions regularly at least once each year. The participant may make
additional contributions in addition to the employer’s contributions. The final
retirement benefit is determined by the sum of the employer’s contributions and
the investment gains or losses.
(2) Characteristics: Under
a DC plan, assets are managed in separate accounts for each participant, and it
is relatively easy to transfer assets through an IRP when changing jobs. On the
other hand, because investment performance directly affects the amount of
benefits, the participant’s investment choices and management of investment
risk are important. A DC plan is not necessarily advantageous merely because
wage growth is low; expected investment returns, fees, investment horizon, and
risk tolerance should also be considered.
(3) Pre-designated
Investment Option System (Default Option): This system allows retirement assets
to be invested according to a pre-selected investment method when a DC or IRP
participant fails to give investment instructions for a specified period. It
came into full operation in July 2023, and participants may select one of the
approved pre-designated investment methods offered by the retirement pension
provider. The purpose is to reduce the problem of retirement assets remaining
for long periods in cash-equivalent or principal-guaranteed products and to
improve long-term returns.
(4) Benefits and Interim
Withdrawals: The eligibility requirements for a DC pension are the same as
those for a DB pension: the participant must be at least 55 years old, have
participated for at least 10 years, and receive the pension over a period of at
least five years. Interim withdrawals are permitted only for statutory reasons.
Typical grounds include the purchase of a home or payment of a residential
lease deposit by a person without a home; medical expenses for care lasting six
months or longer that satisfy specified requirements; bankruptcy or
commencement of individual rehabilitation proceedings within the preceding five
years; disaster-related damage; and repayment of principal and interest on a
secured loan where statutory requirements are met.
3. Individual Retirement
Pension Plan (IRP)
(1) Concept: An IRP is a
system under which retirement benefits received upon retirement are transferred
to an account in the individual’s name and continue to be invested, or
employees and other eligible persons make additional contributions themselves
to build retirement assets. Under the special provision in Article 25 of the
Act, in a business ordinarily employing fewer than 10 employees, if the
employer establishes an IRP for an individual employee with that employee’s
consent or at the employee’s request, the employer is deemed to have
established a retirement benefit system for that employee. This special
arrangement may be operated without preparing and reporting retirement pension
rules.
(2) Eligibility for
Benefits: A pension from an individual IRP is paid to a participant who is at
least 55 years old, and the pension payment period must be at least five years.
Unlike DB and DC plans, an individual IRP itself does not require “at least 10
years of participation” as a condition for receiving a pension. A participant
aged 55 or older may receive the benefit as a lump sum if he or she wishes to
do so.
(3) Interim Withdrawals:
IRP assets are not a bank deposit account from which funds may be freely
withdrawn. Interim withdrawals are permitted only for grounds prescribed by the
Enforcement Decree, such as the purchase of a home, a residential lease
deposit, long-term care, bankruptcy or individual rehabilitation, or a
disaster. Because the specific grounds and requirements may differ depending on
the nature of the account and the source of the funds, the applicable laws and
the relevant retirement pension provider should be checked before an actual
withdrawal.
4. Retirement Pension Fund
System for Small and Medium Enterprises (Pureun Seed)
(1) Concept and Coverage:
The Retirement Pension Fund System for Small and Medium Enterprises is a system
under which the Korea Workers’ Compensation and Welfare Service (KCOMWEL)
manages the retirement benefits of employees of small and medium-sized
enterprises through a pooled fund. From July 1 through December 31, 2026,
businesses ordinarily employing fewer than 50 employees are eligible to
participate. From January 1, 2027, eligibility will be expanded to businesses
ordinarily employing fewer than 100 employees.
(2) Contributions and
Investment: An employer that establishes this system must regularly pay employer
contributions at least once each year in an amount equal to at least
one-twelfth of the participant’s total annual wages. Because KCOMWEL manages
the fund on an integrated basis, the operating method differs from an ordinary
DC plan in which each individual business directly structures its investment
products. Government support may be provided for a portion of employer
contributions, participant contributions, or operating costs where the
requirements under applicable laws and the budget are satisfied.
(3) Expansion in 2026: From
July 2026, Article 23-8 was amended to expand the persons eligible for
participant-contribution accounts under the fund system by applying, mutatis
mutandis, the scope of persons eligible to join an IRP. As a result, persons earning
income, including labor providers, may use participant-contribution accounts
under Pureun Seed in a manner similar to an individual retirement pension.
V. Interim Settlement of Severance Pay, Interim
Withdrawals from Retirement Pensions, and Transfers to IRP Accounts
1. Interim Settlement of
Severance Pay
Interim settlement of
severance pay is permitted only when the employer accepts an employee’s request
and a statutory ground is satisfied. As of August 2026, the principal grounds
under the Enforcement Decree are as follows:
? Where an employee who
does not own a home purchases a home in his or her own name
? Where an employee who
does not own a home pays a jeonse deposit or lease deposit for housing (once
during employment with the same business)
? Where the employee, the
employee’s spouse, or a dependent family member requires care for at least six
months and the medical expenses borne by the employee exceed 12.5% of the
employee’s total annual wages
? Where the employee has
been declared bankrupt within the five years preceding the date of application
? Where a decision to
commence individual rehabilitation proceedings has been issued within the five
years preceding the date of application
? Where the employee falls
under a wage- or working-hours reduction ground prescribed by the Enforcement
Decree, such as a system that reduces wages on the condition of extending or
guaranteeing the retirement age, or an agreed reduction in contractual working
hours
? Where the employee’s
actual severance pay is reduced as a result of an amendment to the law
concerning reduced working hours, or in another case prescribed by the
Enforcement Decree
? Where the employee falls
under a ground publicly announced by the Minister of Employment and Labor, such
as suffering damage due to a disaster
2. Pledging Retirement
Pension Rights as Collateral and Interim Withdrawals
Under a DB plan, interim
withdrawal of the reserve itself is generally not permitted, but the right to
receive benefits may be pledged as collateral where a statutory ground exists.
Under DC and IRP plans, interim withdrawals from accumulated assets are
permitted where statutory grounds prescribed by the Enforcement Decree exist.
In particular, where DC assets are withdrawn on the ground of long-term care, separate
requirements apply, including that the medical expenses borne by the
participant must exceed 12.5% of the participant’s total annual wages.
Accordingly, it is
inaccurate to describe interim settlement of severance pay, pledging of DB
benefit rights as collateral, and interim withdrawals from DC and IRP plans
using a single identical list of grounds. In an actual application, Articles 2,
3, 14, and 18 of the Enforcement Decree of the Act on the Guarantee of
Employees’ Retirement Benefits should be reviewed separately according to the
type of system involved.
3. Principle and Exceptions
for Transfer of Retirement Benefits to IRP Accounts
Severance pay and DB/DC
retirement pension benefits must, in principle, be transferred to and paid
through an IRP account designated by the employee. The principal practical
exceptions to the transfer requirement are as follows:
? Where the employee or
participant retires after reaching age 55 and receives the benefit
? Where the retirement
benefit amount is KRW 3 million or less
? Where the employee has
died
? Where a foreign worker
who worked in Korea under a status of stay permitting employment departs Korea
after retirement
? Where another law
requires deduction of all or part of the retirement benefit (the remaining balance
after deduction must, in principle, be transferred to an IRP or similar
account)
? Where a DB or DC
participant repays a loan or similar obligation secured by the right to receive
retirement pension benefits, an additional exception is recognized to the
extent necessary for such repayment
VI. Conclusion
Since its introduction in
2005, the retirement pension system has developed from a simple lump-sum
payment system upon retirement into a system designed to systematically build
and preserve retirement income through external funding of retirement benefits,
restrictions on interim settlement, mandatory transfers to IRP accounts,
introduction of default options, and expansion of the Retirement Pension Fund
System for Small and Medium Enterprises. In particular, from 2022, the
principle of transfer to an IRP was expanded to include severance pay, and in
2026, the coverage of Pureun Seed and its participant-contribution accounts was
expanded, further broadening the inclusiveness of the system.
Companies should compare the characteristics of DB plans, DC plans, the Retirement Pension Fund System for Small and Medium Enterprises, and the severance pay system by considering not only cost reduction but also workforce composition, wage structure, cash flow, investment risk, protection of benefit entitlements, and administrative burden. Employees should likewise view retirement benefits not as short-term living funds but as long-term retirement assets and should use IRP accounts, default options, additional contributions, and other available features in a manner appropriate to their age and risk tolerance.
| No | Title | Date | Access | File |
|---|---|---|---|---|
| August 2nd week - Retirement Pension System (Revised Version Based on Laws and Regulations as of August 2026) N | 26.08.09 | 14 | ||
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| 263 | April 4th week - Key Labor Law Standards for Part-Time Workers Employers Should Know | 26.04.26 | 2507 | |
| 262 | April 3rd week - The Relationship Between the Civil Act and the Labor Standards Act in Employment Termination | 26.04.19 | 4808 | |
| 261 | April 2nd week - The Expectation of Contract Renewal for Fixed-Term Employees – Criteria for Determination and Key Case Law | 26.04.12 | 1747 | |
| 260 | April 1st week - Understanding Korean Labor Law within the Continental Law System in Comparison with the Common Law System of Anglo-American Countries | 26.04.05 | 2681 | |
| 259 | March 5th week_Case Recognizing the Necessity of Extending the Retirement Age: Extension of the Working-Life Expectancy of Manual Workers | 26.03.29 | 5983 |

