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manlyboy

Joined: 01 Aug 2004 Location: Darwin, Northern Territory, Australia
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Posted: Mon Dec 20, 2004 6:16 pm Post subject: Australians and the pension fund |
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So the Australian and Korean governments do not have a reciprocral agreement regarding pension funds, and consequently we all have to throw money down the proverbial toilet every month.
Can anybody tell me why such an agreement does not exist? Bureaucrats have been making lame excuses and pointing the finger at the other side of the fence for years now. I smell a rat. Someone, somewhere is deliberately ignoring the issue. Who? Why? And what can be done about it? |
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Len8
Joined: 12 Feb 2003 Location: Kyungju
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Posted: Mon Dec 20, 2004 6:30 pm Post subject: |
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I tried calling calling Canberra and was told they were aware of the issue, and that they had recieved many calls about it. I have been here a while now, but couldn't somebody who is more in touch with what's going on back there lobby through his or her MP to push the issue.
Embassies are pretty useless, but a call might get some information about what to do. |
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just because

Joined: 01 Aug 2003 Location: Changwon - 4964
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Posted: Mon Dec 20, 2004 6:47 pm Post subject: |
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It just has never been ratified by both governments, maybe because the Australian government is worried about Koreans moving over there and just living off the social service network(I could imagine it happening) hence the reluctance to sign the agreement.
Whenever I get a new contract i always make sure they leave the pension part out and the employer is usually pretty happy about this. |
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manlyboy

Joined: 01 Aug 2004 Location: Darwin, Northern Territory, Australia
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Posted: Mon Dec 20, 2004 7:08 pm Post subject: |
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It just has never been ratified by both governments, maybe because the Australian government is worried about Koreans moving over there and just living off the social service network(I could imagine it happening) hence the reluctance to sign the agreement. |
Why should entitlement to pension funds also entitle them to live off welfare payments? How hard can it be to sign a simple agreement that foreign residents who've paid into that country's pension funds are allowed to reclaim their own money when they leave the country?
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Whenever I get a new contract i always make sure they leave the pension part out and the employer is usually pretty happy about this. |
Well that can't be legal. Can it? |
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just because

Joined: 01 Aug 2003 Location: Changwon - 4964
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Posted: Mon Dec 20, 2004 7:10 pm Post subject: |
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manlyboy wrote: |
Well that can't be legal. Can it? |
Why not...there is no agreement so I'm just throwing money into nothing. |
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manlyboy

Joined: 01 Aug 2004 Location: Darwin, Northern Territory, Australia
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Posted: Mon Dec 20, 2004 7:39 pm Post subject: |
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I'm no lawyer, but check this out:
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March 5th 2003
EFL.Law.Com
Dear EFL-LAW
Thank you for your e-mail to the Hon Mark Vaile MP, Minister for Trade of 20 February regarding the requirement for Australian workers in Korea to make compulsory contributions under the Korean National Pension Scheme. Mr. Vaile has asked me to respond on his behalf.
Under Korean law, foreigners who are resident in Korea and working (either in a company or self-employed) must contribute to the National Pension Scheme. The law makes an exception in the case where the Pension Act of the foreigner's country is not applied to Koreans. This usually occurs through a reciprocal agreement. Unfortunately, Australia does not have a reciprocal-pension agreement with Korea. As a result, Australian nationals cannot retrieve a lump sum of their contribution to the Korean Pension Scheme until they are over 60 years of age and when the insured term is less than 10 years. In turn, Korean nationals working in Australia cannot retrieve their contributions until their retirement.
Australia has raised with Korea the possibility of negotiating a reciprocal-pension agreement on a number of occasions since 2000. During
his visit to Korea in April 2002, Mr. Vaile raised the issue, expressing the view that it was in the interests of both countries to address issues which
impeded the free flow of labor. The Australian Embassy in Seoul has also raised the matter with the relevant Ministries, Health and Welfare and
Foreign Affairs and Trade. Please be assured that the Government appreciates your concern on this matter and will continue to press Korea to
open negotiations on an agreement.
Regards
Andrew Ethell
Trade Adviser
Office of Hon Mark Vaile MP
Australian Minister for Trade
Deputy Leader of the National Party
Parliament House ACT 2600 |
http://www.npc.or.kr/eng/enpsk.html?code=./enpsk/a06.html
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Foreigners working at the workplace with more than 5 full-time employees were included in the mandatory coverage in August 1995 and those working at the workplace with less than 5 employees including self-employed foreigners were also included in the mandatory coverage in April 1999. Accordingly, foreigners aged from 18 to less than 60 who reside in Korea must be, in principle, covered under the Scheme. |
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trevorcollins
Joined: 02 Jul 2004
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Posted: Mon Dec 20, 2004 8:31 pm Post subject: |
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Yeah any money paid into the pension is essentially a pay cut.
It would probably cause me to not take that job or ask for a big fat pay rise to compensate me for the pension $. |
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Cherry Ripe
Joined: 14 Sep 2004
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Posted: Mon Dec 20, 2004 8:38 pm Post subject: Pension |
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I emailed the Embassy earlier this year and, when they finally got back to me (which is a another issue) they sent me a standard cut'n'paste message stating what you have just said. Oddly, I have heard that we (Aussies) have ratified our part of the agreement whereas the Koreans haven't??
Yes, why pay into a pension you may never see. How do you claim it? Do you have to return to Korea when you're 65, try and locate the appropriate office, ...and what about the paperwork for the pension fund? Have you been keeping records? The whole deal is so vague. |
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diablo3
Joined: 11 Sep 2004
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Posted: Mon Dec 20, 2004 9:17 pm Post subject: |
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Do you really want a pension fund from Korean hagwons while working as a teacher? Many of those hagwon owners only think about saving money and talking it from you.
As you know in Australia, regulation prevents you from touching the money until you are 60 (or 65, maybe increasing to 70 and then 75), even if a simple term deposit earns you more money. At least in Australia, the company contributes 50% towards your pension fund.
I think if a pension fund did really exist in Korea, it would most likely be at our own expense. Contractual arrangements with Korean hagwons (and possibly other companies) will ensure this in my view.
Also, imagine having Australian pension fund rules in Korea, the rules are stupid enough in Australia where nowadays you cannot even touch your own contribution contributed after 1999 (unless you are in serious hardship for a number of months), and that is limited anyway (to about $10000/year). (woopie do)
We only get severance pay (if we are teachers), but the money is free in our hands to use straight away if we so wish. You can save it yourself, and do a better job than some of those Australian financial companies who take out a fee to feed themselves, even if they made a loss.
Consider severence pay as your fee free pension.  |
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fidel
Joined: 07 Feb 2003 Location: North Shore NZ
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Posted: Mon Dec 20, 2004 10:32 pm Post subject: |
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Sorry to diverge from the aussie discussion however consider this....
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Pension Act of the foreigner's country is not applied to Koreans |
NZ doesn't have compulsory pension payments, therefore one can surmise by the above statement that NZ's don't have to pay pension in this country. I know I don't.
Now back to the aussie question... |
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sadsac
Joined: 22 Dec 2003 Location: Gwangwang
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Posted: Tue Dec 21, 2004 12:45 am Post subject: |
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As an Australian, you do not have to contribute to any pension fund in Korea. If you are then you are just throwing money away. We do not have a reciprocal agreement and therefore are not required to contribute.  |
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manlyboy

Joined: 01 Aug 2004 Location: Darwin, Northern Territory, Australia
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Posted: Tue Dec 21, 2004 3:47 pm Post subject: |
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sadsac wrote: |
As an Australian, you do not have to contribute to any pension fund in Korea. If you are then you are just throwing money away. We do not have a reciprocal agreement and therefore are not required to contribute.  |
Do you have links to support this? I've been perusing the National Pension Act website, and I've not yet seen anything to back up what you've said. I've been told that Koreans working in Australia are in the same boat. They must make compulsory pension contributions which they cannot reclaim. Therefore, we must do the same.
I'm at a public school that has never worked with a foreigner before, so they've got absolutely no idea. I've told them numerous times that I can't reclaim the pension, and they've often replied in all sincerity: "Yes, you can". |
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sadsac
Joined: 22 Dec 2003 Location: Gwangwang
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Posted: Wed Dec 22, 2004 4:38 am Post subject: |
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My understanding from my tax agent is that I am not required to pay into any pension fund in Korea and have not done so in my four years here. Koreans working in Australia do pay into the compulsory superannuation scheme, but the system is different than the pension fund here. I never asked him for the details. I would advise your school that payment into the pension fund is not mandatory for you.  |
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prairieboy
Joined: 14 Sep 2003 Location: The batcave.
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Posted: Wed Dec 22, 2004 5:49 am Post subject: |
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Unfortunately, your tax advisor does not know the Korean law in this respect. Why don't you call the National Pension office and ask them directly about Australians and the requirement to pay into the Pension scheme in Korea.
You can call toll free 1355.
Only those who are exempted due to age, physical disability or presidential decree are not required to pay into the pension scheme. I read through the forms I received from the NPC and no where did it say there was an exemption based on nationality.
In short, check with the NPC or you may find yourself in a bad situation.
Cheers and good luck to you. |
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sadsac
Joined: 22 Dec 2003 Location: Gwangwang
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Posted: Wed Dec 22, 2004 8:28 pm Post subject: |
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Well, I'm not particularly worried, come February 13th, my wife and I are out of here for a while. Looking forward to the break.  |
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