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1. Features of Industrial Accident Insurance Recognized as 'Special Exceptions' in Field Practice
In foreign worker support work, industrial accident insurance, unlike the other four major insurances, provides a powerful safety net without any exceptions.
Mandatory Application to Illegal Residents (Unregistered Foreigners): Even if their visa has expired or they lack employment qualifications from the start, making them illegal residents, if they provide labor to a workplace and an accident occurs, they are recognized as 'workers' under the Labor Standards Act and can receive industrial accident compensation exactly the same as nationals. (Established by Supreme Court precedent)
Residency Status Relief During Treatment Period (G-1 Visa): Even if they are illegal residents, if they receive approval for an industrial accident due to a work-related injury, forced deportation is suspended during the period of recuperation and treatment. If necessary, they can obtain a temporary residency status, the Other (G-1) visa, to legally stay and focus on treatment.
Strict Difference from Other Social Insurances: Unlike employment insurance (voluntary subscription/mandatory application distinction based on residency status) or national pension (reciprocal principle between countries applied), industrial accident insurance applies 100% regardless of nationality or visa type (E-9, H-2, etc.).
2. Strict Legal 'Special Exceptions for Industrial Accident Insurance Application' (Chapter 9 of the Industrial Accident Insurance Act)
Among the 'special exception provisions for application' stipulated in the actual Industrial Accident Insurance Act, the parts that can be directly or indirectly related to foreign workers are as follows.
Special Exception for Overseas Dispatch Workers (Article 122): Industrial accident insurance applies in principle only to accidents occurring within the territory of the Republic of Korea (territorial principle). However, if workers employed by a domestic workplace (including foreigners) are dispatched to an overseas site, by applying for and obtaining prior approval from the Korea Workers' Compensation & Welfare Service, they can exceptionally receive protection under domestic industrial accident insurance.
(Historical Special Exception) Foreign Industrial Trainees: Before the Employment Permit System (EPS) was established, during the era of the 'industrial trainee' system, their status was 'trainees' rather than workers, so they were not subject to industrial accident insurance in principle. Therefore, separate special exception provisions were included in the law at that time to protect them. Currently, those with employment visas such as E-9 are all recognized as formal workers, so the relevant special exception has disappeared into history.
In summary, industrial accident insurance is a universal right that protects all foreigners providing labor (including illegal residents) without any exceptions or special conditions. Even if an employer refuses industrial accident processing on the grounds of being a foreigner or threatens using their illegal residency status for an accident occurring during work, the worker's rights are fully protected by law.