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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)
☞Effective Period: 2010.1.1~2010.12.31 ☞Minimum wages ◦Hourly wage 4,110 won, Overtime pay (4,110X1.5=6,165 won), Night time pay (4,110X0.5=2,055 won) ◦Daily wage (8hrs) 32,880 won, ◦Monthly Wage(Workplace with more than 20 workers/ 40 hr a week basis, 209 hrs a month) 858,990 won, ◦Monthly Wage(Workplace with less than 20 workers / 44 hr a week basis, 226 hrs a month) 928,860won, ☞Application : All businesses or workplaces that employ workers ☞Deduction Application - Workers on probationary period can be subject to 10% deduction in wages for the first three months of probation. - Workers employed in business or workplace that is under inspection as authorized by the Ministry of Labor or employed in supervisory positions can be subject to 20% deduction in wages.

to depart the country just the once (during which time, changes in workplace can only be allowed twice).

3. Regarding changes in the workplace (Effective 2009. 12.10)
- Instead of the previous restriction that limited the number of workplace changes allowed (3 times) for migrant workers, the change in the policy excludes the times when the migrant worker can no longer work in the workplace for reasons that is out of the worker’s control ( Article 24 - Clause 1 – Item 2: In the event the migrant worker cannot continue to work at the same workplace for reasons that do not fall under the responsibility of the worker, such as shutdown of business, bankruptcy, etc) from the total number of workplace changes. - Job recruitment period in the event of a workplace change has been extended from 2 months to 3 months. - A new condition added on justifiable reason for changing: ‘In the event the working condition of the workplace is different from the labor contract, in the event the labor contract cannot be upheld due to reasons such as violation of work conditions or improper treatment from the employer.’

2. Regarding re-employment (Effective 2009. 12.10)
- When foreign workers who have completed their employment term (3 years) apply for re-employment, the previous requisite of one month departure from country is no longer mandatory. Instead, the worker can be reemployed for another 2 years maximum without having
INFORMATION 1
정보 1

4. Regarding term of labor contract (Effective 2010.4.10)
- From the previous restriction that limited the term of a work contract to less than 1 year, the change in the policy allows the term of the labor contract between a migrant worker and employer to be determined by the two parties.

Year-End Tax Settlement Process 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? A : The year-end tax settlement applies those with address in Korea. The candidates can be divided into ‘residents’ with a job that requires them to reside in Korea for more than a year, or nonresidents’. Although there is a difference in the deductible amount, every worker who earns a wage and a salary income can benefit from the tax settlement. Q : What are the special articles only applicable to foreign workers? A : Wages of foreign workers can be applied with one of the following special tax incentives; - Tax exemption on 30% of total salary income. Tax-free income = (Salary income – Taxexempted income) X 30% - Multiply 15% to the wage and salary income which is to be paid as tax. This amount is not included
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when calculating global income tax for the same year. Total income tax = Wage & Salary income (includes tax-exempted income) X 15% Q : Documents to be submitted by foreign workers to receive special tax incentives or tax exemption A : When foreign worker chooses ‘30% tax-exemption’ – No documents necessary When foreign worker chooses flat rate of 15%’ – When filling out the year-end tax settlement, submit an ‘application form for flat rate tax of foreign employee’ to the employer (withholding agent). [FAQ from Foreign workers regarding year-end tax settlement] Q : If a foreigner is employed with a language institute in Korea on a two-year contract , what

is the residency status? A : Even if the family of the foreigner still resides in the Philippines, the foreigner is classified as a resident if he is employed with a job that requires him to reside in Korea for more than one year. Q : Is medical expense from a foreign medical institute tax deductible? A : Medical expenses incurred in a foreign medical institute cannot receive tax deduction Q : Is education expenses of non-resident children of foreign workers working in Korea tax deductible? A : In the case of education expenses of children that are educated outside Korea, the expenses are tax deductible provided that the educational institute and student meet the ‘overseas educational institute’ and ‘student’ requirements.

► <Tax Matters Consultation Counter for Foreigners Only> - 3-Way Interpretation Service provided at each district tax offices Region Seoul Central Region District Tax Offices that offer 『Tax Matters Consultation Counter for Foreigners Only』 Services All tax offices Goyang, Namincheon, Seoincheon, Seongnam, Suwon, Siheung, Ansan, Euijeongbu, Incheon, Pyeongtaek Seodaejon, Cheonan / Mokpo, Seogwangju Gumi, Seodaegu / Busanjin, Bukbusan, Suyoung, Ulsan, Changwon Total (45) 24 10

Daejoen, Gwangju, Daegu, Busan

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► 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 MATTERS 1
생활법률 1

Concealment of possession of a lethal weapon is subject to punishment by law.

흉기 은닉·소지 행위는 처벌됩니다!

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

Livestock Animal and Plant Quarantine Information
동축산물 및 식물검역 안내

<Introduction on National Veterinary Research > The National Veterinary Research and Quarantine Service conducts veterinary quarantine inspections by preventing the inflow of domestic animals’ contagious diseases such as food-and-mouth disease, bovine spongiform encephalopathy (BSE) and avian influenza(AI) to protect the livestock industry and the health of the nation. ♣ Hand-carry items subject to inspection - Animals including dogs, cats, pet birds - Animal products such as deer antlers, bones, dried blood - Beef, pork, mutton, chicken, as well as processed meat including sausages, ham, dried meat, beef boiled down in soy sauce, cans, boiled meat, etc - Dairy products including milk, cheese, butter, etc - Eggs as well as egg-processed products such as egg whites and egg powder, etc

< Agricultural and Plant Quarantine Information> ♣ Items subject to inspection - All types of plants: Fruits, vegetables, seeds, seedlings, flowers, walnuts, medicinal herbs, etc - Bacteria, harmful insects, pet insects, soil, etc * Fruit plant seedlings are subject to 2 year of quarantine inspection at a government-controlled facility. ♣ Plants prohibited from import - Fruits (mango, papaya, etc), fruit of a vegetable, walnuts, beans, rice plant seeds, sweet potatoes, potatoes, etc - Seedlings and bonsai plants of apple trees, grape vines, etc - Live bacteria and harmful insects (including pet insects) - Soil or plants stuck with oil For more information regarding plant quarantine, please call 1588-5117. Information provided by Gimahae International Airport Office, National Plant Quarantine Service (www.npqs.go.kr, 051-971-0480)

] Warning

Travelers carrying livestock products or who had visited livestock farms must fill out the ‘Customs Declaration Form and receive inspection from the quarantine officer. Those who fail to declare their belongings will be fined a 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

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CONSuLTATION uNdERWAy 지금은 상담중

① Please return my passport and

alien registration card!
여권, 외국인등록증을 돌려주세요!

Wherever you go in the world, one must carry a government-issued identity card to prove one’s identity. In particular, one must carry an internationally authorized passport when residing overseas. Furthermore, when one meets a certain requirement (according to the Immigration Control Act, those residing in Korea for more than 90 days must apply for a foreigner registration card within 90 days of entering the country), one must be issued and carry a foreigner registration card and can be fined a penalty in the event when one is found not carrying the card. However, 1) there are many incidents of the employers confiscating the migrant workers’ passport or alien registration card. Even when the worker demands their return, the employers refuse claiming they are safekeeping them to prevent flight risks. Nevertheless, the employers must remember that forcibly keeping the passport, alien
Cartoon
만화컷

registration card and bankbook of the workers without their consent is a clear violation of the law. 2) Sometimes, the migrant workers fall prey to unexpected difficulties when the employer applies for a bankbook using the migrant worker’s passport and alien registration card to illegally seize the worker’s departure guarantee insurance or use them in illegal activities (fraud, voice phishing, illegal currency exchange, creating a mobile phone issued under a different name). Therefore, it is a clear violation of the Immigration Control Act and Employment Standards Act if the employers confiscate the passport, alien registration card, bankbook, etc of the migrant worker without his or her consent, and use them for purposes other than for employment. In such cases, a report can be filed with the Immigration Office for the return of the documents. Employers who commit such illegal acts are subject to a maximum three years imprisonment or a maximum 20 million won in fines.
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Migrant Worker’s Hospital ☎02-863-9966
Yet the memories linger on and my heart remains a fool. Forever hanging on to memories, you no longer live in the present.
이주민의료센터 ☎02-863-9966 The Migrant Workers’ Hospital offers free medical care, with health care service that includes outpatient & in-patient program and surgeries. Please let the word out about the hospital so that migrant workers with financial difficulties can receive proper medical attention.

Every time you are faced with difficulties you learned a lesson. Forget about what might or could have been, take a deep breath and savor - the moment. Let go of all decisions or plans, evade and do not fight. - Exerption from ‘Comfortable Uncertainty (Chodron, Pema)’
Korea Migrants' Center (152-801) 137-1 Garibongdong Gurogu Seoul

Founded in August 22, 2005
(Registration No. Guro La 00081)

Publisher: KIM Hae-sung

Office Tel. 02-6900-8231 newsletter@migrantok.org www.migrantok.org / www.migrant.kr

Edited by E&G Design Tel. 031-8007-6600

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