Article 109(Special cases concerning foreigners) #
(1) The Government may arrange for separate health insurance for the workers at a workplace where a foreign government is the employer, in consultation with the foreign government.
(2) An overseas Korean national or a foreigner residing in the Republic of Korea (hereinafter referred to as "foreigner, etc. residing in Korea") who is an employee, public official, or school employee of a workplace of eligible persons shall become the employee insured, notwithstanding Article 5, if he or she does not fall under any subparagraph of Article 6(2) but falls under any of the following: <Amended on Mar. 22, 2016>
1. A person who is registered pursuant to Article 6(1)3 of the Resident Registration Act;
2. A person who has reported on his or her place of residence in Korea pursuant to Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans;
3. A person who has filed for alien registration pursuant to Article 31 of the Immigration Act.
(3) Where a foreigner, etc. residing in Korea who does not fall under the employee insured referred to in paragraph (2) satisfies all the following requirements, he or she shall become the self-employed insured, notwithstanding Article 5: <Added on Mar. 22, 2016; Jan. 15, 2019>
1. The relevant person shall fall under the ground prescribed by Decree of the Ministry of Health and Welfare that he or she resided in Korea during the period prescribed by Decree of the Ministry of Health and Welfare or is expected to reside therein continuously during the relevant period;
2. The relevant person shall fall under any of the following:
a. A person specified in paragraph (2)1 or 2;
b. A person who has filed for alien registration pursuant to Article 31 of the Immigration Act and holds the status of stay prescribed by Decree of the Ministry of Health and Welfare.
(4) Where a foreigner, etc. residing in Korea who falls under any subparagraph of paragraph (2) satisfies all the following requirements, he or she may become a dependent, notwithstanding Article 5, if he or she submits an application to the NHIS: <Added on Mar. 22, 2016; Jan. 2, 2024>
1. The relevant person's relationship with the employee insured shall fall under any subparagraph of Article 5(2);
2. The relevant person shall meet the standards for determination of the dependent eligibility referred to in Article 5(3).
3. The period of residence or grounds for residence in the Republic of Korea shall meet the criteria prescribed in paragraph (3)1; provided, this shall not apply to the spouse of the employee insured and children under 19 years of age (including the spouse's children).
(5) Notwithstanding paragraphs (2) through (4), no foreigner, etc. residing in Korea shall become the insured or a dependent if he or she falls under any of the following cases: <Added on Mar. 22, 2016; Jan. 15, 2019>
1. Where the relevant person's stay in Korea violates any Act and any ground prescribed by Presidential Decree exists;
2. Where a foreigner, etc. residing in Korea is eligible for medical guarantee equivalent to health care benefits referred to in Article 41 in accordance with foreign statutes, a foreign insurance or a contract concluded with his or her employer, and thus the employer or insured requests the exclusion of him or her from the insured, as prescribed by Decree of the Ministry of Health and Welfare.
(6) Articles 5 through 11 shall apply mutatis mutandis to matters necessary for the timing, procedures, etc. for acquisition and loss of the eligibility of the insured or dependents by foreigners, etc. residing in Korea, except as otherwise expressly provided for in paragraphs (2) through (5); provided, matters to be expressly provided for in consideration of the nature of foreigners, etc. residing in Korea may be otherwise prescribed by Presidential Decree. <Added on Mar. 22, 2016>
(7) Where a foreigner, etc. residing in Korea who is the insured acquires the eligibility of the self- employed insured after the second day of any month and loses the eligibility in the month in which the date he or she acquired the eligibility falls, due to any ground publicly notified by the Minister of Health and Welfare, the insurance contributions for the month in which the date the eligibility was acquired falls shall be imposed and collected, notwithstanding the main clause of Article 69(2). <Added on Mar. 22, 2016>
(8) The insurance contributions for the self-employed insured who fall under foreigners, etc. residing in Korea (limited to those subject to the proviso of paragraph (9)) shall be paid by the 25th day of the immediately preceding month, notwithstanding the main clause of Article 78(1); provided, in any of the following cases, the insurance contributions shall be paid as determined by the NHIS: <Added on Mar. 22, 2016; Jan. 15, 2019>
1. Where the insurance contributions for the month in which the date the eligibility is acquired falls are collected;
2. Where the eligibility is acquired during the period from the 26th day to the end of any month.
(9) Except as provided in paragraphs (7) and (8), Articles 69 through 86 shall apply mutatis mutandis to matters on the imposition and collection of insurance contributions for foreigners, etc. residing in Korea who are the insured; provided, matters on the imposition and collection of insurance contributions for foreigners, etc. residing in Korea prescribed by Presidential Decree may be otherwise determined and publicly notified by the Minister of Health and Welfare, taking into account their nature. <Added on Mar. 22, 2016>
(10) Where a foreigner, etc. residing in Korea (limited to those subject to the proviso of paragraph (9)) who is a self-employed insured is in arrears with insurance contributions for at least the period prescribed by Presidential Decree, the NHIS shall not provide insurance benefits from the date of arrears until all delinquent insurance contributions are fully paid, notwithstanding Article 53(3). In such cases, the proviso, with the exception of the subparagraphs, of Article 53(3) and paragraphs (5) and (6) of that Article shall not apply. <Added on Jan. 15, 2019; Oct. 22, 2024>
(11) Notwithstanding paragraph (10), matters that need to be specially stipulated in consideration of the characteristics of foreigners, etc. residing in Korea, such as their status and period of stay, may be otherwise prescribed by Presidential Decree. <Added on Oct. 22, 2024>
[Paragraph (1) of this Article was amended by Act No. 20505 on October 22, 2024, pursuant to the decision of unconstitutionality rendered by the Constitutional Court on September 26, 2023]