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2010. 01+02 No.

38

Issue
이슈
Changes in Policies in 2010 2010년 변경된 정책

1. Regarding minimum wages (Effective 2010.1.1) to depart the country just the once (during which time,
changes in workplace can only be allowed twice).
☞Effective Period: 2010.1.1~2010.12.31 3. Regarding changes in the workplace
☞Minimum wages (Effective 2009. 12.10)
◦Hourly wage 4,110 won, Overtime pay (4,110X1.5=6,165 - Instead of the previous restriction that limited the
won), Night time pay (4,110X0.5=2,055 won) number of workplace changes allowed (3 times) for
◦Daily wage (8hrs) 32,880 won, migrant workers, the change in the policy excludes the
◦Monthly Wage(Workplace with more than 20 work- times when the migrant worker can no longer work in the
ers/ 40 hr a week basis, 209 hrs a month) 858,990 workplace for reasons that is out of the worker’s control (
won, Article 24 - Clause 1 – Item 2: In the event the migrant
◦Monthly Wage(Workplace with less than 20 workers worker cannot continue to work at the same workplace
/ 44 hr a week basis, 226 hrs a month) 928,860won, for reasons that do not fall under the responsibility of the
☞Application : All businesses or workplaces that em- worker, such as shutdown of business, bankruptcy, etc)
ploy workers from the total number of workplace changes.
☞Deduction Application - Job recruitment period in the event of a workplace change
- Workers on probationary period can be subject to has been extended from 2 months to 3 months.
10% deduction in wages for the first three months - A new condition added on justifiable reason for changing:
of probation. ‘In the event the working condition of the workplace
- Workers employed in business or workplace that is is different from the labor contract, in the event the
under inspection as authorized by the Ministry of labor contract cannot be upheld due to reasons such as
Labor or employed in supervisory positions can be violation of work conditions or improper treatment from
subject to 20% deduction in wages. the employer.’
4. Regarding term of labor contract
2. Regarding re-employment (Effective 2009. 12.10) (Effective 2010.4.10)
- When foreign workers who have completed their - From the previous restriction that limited the term of
employment term (3 years) apply for re-employment, the a work contract to less than 1 year, the change in the
previous requisite of one month departure from country policy allows the term of the labor contract between a
is no longer mandatory. Instead, the worker can be re- migrant worker and employer to be determined by the
employed for another 2 years maximum without having two parties.

Information 1 Year-End Tax Settlement Process


정보 1
for Foreigners 외국인 근로자를 위한 연말 정산
The Korea Migrants’ Center held an education session on year-end tax settlement for foreign workers
on January 12th. This education session was conducted by Cho, Se-hee, Deputy Director in Charge of
International Tax Resource Management Division, National Tax Service of Korea. Following is an excerpt of
the session in a Q&A format.
Q : Who does the year-end tax settlement apply to? Q : What are the special articles only applicable to
A : The year-end tax settlement applies those with foreign workers?
address in Korea. The candidates can be divided A : Wages of foreign workers can be applied with
into ‘residents’ with a job that requires them to one of the following special tax incentives;
reside in Korea for more than a year, or non- - Tax exemption on 30% of total salary income.
residents’. Although there is a difference in the Tax-free income = (Salary income – Tax-
deductible amount, every worker who earns a exempted income) X 30%
wage and a salary income can benefit from the - Multiply 15% to the wage and salary income which
tax settlement. is to be paid as tax. This amount is not included

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when calculating global income tax for the same is the residency status?
year. A : Even if the family of the foreigner still resides
Total income tax = Wage & Salary income in the Philippines, the foreigner is classified as a
(includes tax-exempted income) X 15% resident if he is employed with a job that requires
him to reside in Korea for more than one year.
Q : Documents to be submitted by foreign workers to
receive special tax incentives or tax exemption Q : Is medical expense from a foreign medical institute
A : When foreign worker chooses ‘30% tax-exemption’ tax deductible?
– No documents necessary A : Medical expenses incurred in a foreign medical
When foreign worker chooses flat rate of 15%’ institute cannot receive tax deduction
– When filling out the year-end tax settlement,
submit an ‘application form for flat rate tax of Q : Is education expenses of non-resident children
foreign employee’ to the employer (withholding of foreign workers working in Korea tax
agent). deductible?
A : In the case of education expenses of children that
[FAQ from Foreign workers regarding year-end are educated outside Korea, the expenses are tax
tax settlement] deductible provided that the educational institute
Q : If a foreigner is employed with a language and student meet the ‘overseas educational
institute in Korea on a two-year contract , what institute’ and ‘student’ requirements.

► <Tax Matters Consultation Counter for Foreigners Only>


- 3-Way Interpretation Service provided at each district tax offices

District Tax Offices that offer 『Tax Matters Con-


Region Total (45)
sultation Counter for Foreigners Only』 Services

Seoul All tax offices 24

Goyang, Namincheon, Seoincheon, Seongnam, Suwon,


Central Region 10
Siheung, Ansan, Euijeongbu, Incheon, Pyeongtaek

Seodaejon, Cheonan / Mokpo, Seogwangju


Daejoen, Gwangju, Daegu,
Gumi, Seodaegu / Busanjin, Bukbusan, Suyoung, 11
Busan
Ulsan, Changwon

► Language translation available through the ‘3-Way Interpretation Service’

English, Chinese, Japanese, French, Russian, German, Spanish, Vietnamese,


Mongolian, Indonesian, Thai, Bengali, Urdu, Nepali, Khmer, Burmese, Arabic

- Year-end Tax Settlement Period: Prepare all required evidentiary documents by end of January and submit
by end of February.
- For questions regarding year-end tax settlement, please call 1588-0060

2 외국인근로자를 위한 다국어 뉴스레터


Everyday Legal Concealment of possession of a lethal weapon
is subject to punishment by law.
Matters 1
생활법률 1 흉기 은닉·소지 행위는 처벌됩니다!

Suspect Park (male, 29 yrs old), a Korean-Chinese, al- injury, murder, etc.
ways carried an office supply knife ( with a 5 cm blade) - According to Article 1 Clause 2 of the Punishment of
on his person when one day he was stopped and ques- Minor Offenses Act, those in violation are subject to a
tioned by a police officer in front of the ’00 Restaurant’ maximum 200 thousand won fine or detainment.
in Doksan-dong, Geumcheon-gu. - Those carrying weapon that is more than 15 cm long
In Korea, those carrying or concealing tools such as as well as firearms and swords is subject to a maxi-
knives, metal bats, etc that can be used to physically mum 10 year imprisonment and a maximum 5 mil-
harm and endanger the life of humans, or equipment that lion won fine according to Article 10 of the Control of
can be used to invade or trespass a house or a building Firearms, Swords, Explosives, etc Act.
without justifiable reasons are subject to punishment by Information provided by the Foreign Affairs Division of
law to prevent crimes such as trespass, theft, burglary, Geumchun Police Station

Information 2 Livestock Animal and Plant Quarantine


Information
정보 2
동축산물 및 식물검역 안내

<Introduction on National Veterinary Research > < Agricultural and Plant Quarantine Information>
The National Veterinary Research and Quarantine Service ♣ Items subject to inspection
conducts veterinary quarantine inspections by preventing - All types of plants: Fruits, vegetables, seeds, seedlings,
the inflow of domestic animals’ contagious diseases flowers, walnuts, medicinal herbs, etc
such as food-and-mouth disease, bovine spongiform - Bacteria, harmful insects, pet insects, soil, etc
encephalopathy (BSE) and avian influenza(AI) to protect * Fruit plant seedlings are subject to 2 year of quarantine
the livestock industry and the health of the nation. inspection at a government-controlled facility.

♣ Hand-carry items subject to inspection ♣ Plants prohibited from import


- Animals including dogs, cats, pet birds - Fruits (mango, papaya, etc), fruit of a vegetable,
- Animal products such as deer antlers, bones, dried walnuts, beans, rice plant seeds, sweet potatoes,
blood potatoes, etc
- Beef, pork, mutton, chicken, as well as processed meat - Seedlings and bonsai plants of apple trees, grape
including sausages, ham, dried meat, beef boiled down vines, etc
in soy sauce, cans, boiled meat, etc - Live bacteria and harmful insects (including pet
- Dairy products including milk, cheese, butter, etc insects)
- Eggs as well as egg-processed products such as egg - Soil or plants stuck with oil
whites and egg powder, etc
For more information regarding plant quarantine,
] Warning please call 1588-5117.
Travelers carrying livestock products or who had visited Information provided by Gimahae International Airport
livestock farms must fill out the ‘Customs Declaration Office, National Plant Quarantine
Form and receive inspection from the quarantine officer. Service (www.npqs.go.kr,
Those who fail to declare their belongings will be fined a 051-971-0480)
maximum 5 million won.

For further information on animal and livestock


quarantine inspection, please call 1588-9060
Information provided by Gimahae International Airport
Office, National Veterinary Research and Quarantine
Service (www.nvrqs.go.kr, 051-971-1925)

MigrantOK 3
Consultation underway
① Please return my passport and
alien registration card!
지금은 상담중

여권, 외국인등록증을 돌려주세요!


Wherever you go in the registration card and bankbook of the workers without
world, one must carry a their consent is a clear violation of the law.
government-issued identity 2) Sometimes, the migrant workers fall prey to unexpected
card to prove one’s identity. difficulties when the employer applies for a bankbook
In particular, one must carry using the migrant worker’s passport and alien registration
an internationally authorized card to illegally seize the worker’s departure guarantee
passport when residing overseas. Furthermore, when one insurance or use them in illegal activities (fraud, voice
meets a certain requirement (according to the Immigration phishing, illegal currency exchange, creating a mobile
Control Act, those residing in Korea for more than 90 days phone issued under a different name).
must apply for a foreigner registration card within 90 days Therefore, it is a clear violation of the Immigration
of entering the country), one must be issued and carry a Control Act and Employment Standards Act if the
foreigner registration card and can be fined a penalty in employers confiscate the passport, alien registration
the event when one is found not carrying the card. card, bankbook, etc of the migrant worker without his
However, 1) there are many incidents of the employers or her consent, and use them for purposes other than for
confiscating the migrant workers’ passport or alien employment. In such cases, a report can be filed with
registration card. Even when the worker demands their the Immigration Office for the return of the documents.
return, the employers refuse claiming they are safekeeping Employers who commit such illegal acts are subject to
them to prevent flight risks. Nevertheless, the employers a maximum three years imprisonment or a maximum 20
must remember that forcibly keeping the passport, alien million won in fines.

Cartoon
만화컷
Here and Now 지금여기 Advertising 광고

MNTV – News Broadcast in


Multi-Languages
MNTV 다국어뉴스 방영

* Broadcast Languages: Korean / English / Thai / Ta-


galog (Philippines) / Mongolian / Vietnamese / Urdu

Will soon (Pakistan) / Chinese / Uzbek / Indonesian / Nepali


return as fond / Khmer (Cambodia) / Sri Lankan
Although it seems as though memory. * Time: Every Tuesday 12 a.m.
the what happened in the
past. * Information & Tip Line: (02)6900-8234,
info@mntv.net
* Website: www.mntv.net

Migrant Worker’s Hospital


☎02-863-9966
이주민의료센터 ☎02-863-9966
Yet the memories Forever hanging on to
linger on and my heart memories, you no longer The Migrant Workers’ Hospital offers free medical
remains a fool. live in the present.
care, with health care service that includes out-

Every time you are faced with difficulties you learned a lesson. patient & in-patient program and surgeries. Please
Forget about what might or could have been, let the word out about the hospital so that migrant
take a deep breath and savor - the moment. workers with financial difficulties can receive
Let go of all decisions or plans, evade and do not fight. proper medical attention.
- Exerption from ‘Comfortable Uncertainty (Chodron, Pema)’

Founded in August 22, 2005 Korea Migrants' Center Office Tel. 02-6900-8231 Edited by E&G Design
(Registration No. Guro La 00081) (152-801) newsletter@migrantok.org Tel. 031-8007-6600
Publisher: KIM Hae-sung 137-1 Garibongdong Gurogu Seoul www.migrantok.org / www.migrant.kr
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