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Severance Pay Interim Settlement: Eligibility Conditions and 2026 Updates

A complete guide to the 6 legal grounds for severance pay interim settlement plus 2026 updates, including the newly added jeonse deposit refund category, tax calculations, and key cautions.

Severance Pay Interim Settlement: Eligibility Conditions and 2026 Updates
✦ SUMMARY

Interim settlement of severance pay is only allowed when one of the legally defined grounds applies. You must meet at least one of six conditions, such as purchasing a home as a non-homeowner, paying a jeonse deposit, or covering medical expenses. Starting in 2026, refunding a jeonse deposit has been added as a new qualifying reason.

What Is Severance Pay Interim Settlement?

person holding paper near pen

Interim settlement of severance pay is a system that allows an employee to receive part or all of their severance pay in advance while still employed. Because the settlement happens before retirement, the years of service for that period are reset to zero. When the employee eventually retires, severance is then calculated only for the period after the interim settlement.

ItemDetails
Legal basisArticle 8 of the Employee Retirement Benefit Security Act
Effect after settlementYears of service for that period are reset
TaxRetirement income tax withheld at source
How to applyWritten application submitted to the employer

The 6 Legally Allowed Grounds in 2026

low angle photo city high rise buildings during daytime
  1. 1Home purchase by a non-homeowner: When buying a home for the first time under your own name
  2. 2Jeonse or monthly rent deposit for housing: When a non-homeowner needs to pay a jeonse or monthly rent deposit for a residence
  3. 3Refunding a jeonse deposit (newly added in 2026): When a tenant cannot recover their deposit due to jeonse fraud or similar issues
  4. 4Medical expenses: When the employee or a dependent requires at least 6 months of medical treatment
  5. 5Bankruptcy or personal rehabilitation: When the court has declared bankruptcy or approved personal rehabilitation
  6. 6Wage peak system applied: When the employer implements a wage peak system that reduces the employee's salary

How Taxes Are Calculated on an Interim Settlement

Retirement income tax also applies to severance pay received through interim settlement. The retirement income tax rate is generally lower than ordinary income tax, but the progressive rate rises as the amount grows.

The tax is calculated by applying the years-of-service deduction to the taxable base after the retirement income deduction. For an accurate calculation, it's best to use the National Tax Service's Hometax retirement income tax calculator or consult a licensed tax accountant.

For real-estate-related taxes such as acquisition tax, refer to the Real Estate Acquisition Tax Calculator.

Key Cautions When Taking an Interim Settlement

Because your years of service reset after the settlement, long-tenured employees in particular need to think carefully. For example, if you take an interim settlement after 10 years of service and then work another 5 years, your final retirement payout will only reflect those last 5 years.

In addition, employees enrolled in a DB (Defined Benefit) retirement pension plan are generally not allowed to take an interim settlement, so always confirm with your HR team first.

FAQ

Q1. Can my company refuse a severance pay interim settlement?

A: Yes β€” even if you qualify under one of the legal grounds, the employer can decline. There is no legal mechanism to force an interim settlement.

Q2. Does the DC retirement pension allow interim settlement too?

A: For DC (Defined Contribution) plans, instead of an interim settlement there is a mid-term withdrawal system, and the same legal grounds apply.

Q3. Will I receive additional severance if I quit after taking an interim settlement?

A: Yes, severance pay for the period after the settlement is paid separately.

Q4. How can I reduce retirement income tax on the interim settlement?

A: If you receive the funds into an IRP account, you can defer the retirement income tax. When later withdrawn as a pension, you can save 30–40% of the original retirement income tax.

Q5. How do I prove I'm requesting funds to refund a jeonse deposit?

A: You'll need supporting documents such as the lease agreement, certified mail (naeyong-jeungmyeong), or a court payment order application.

Q6. Is there a limit on how much I can take in an interim settlement?

A: There is no legally fixed cap. However, the amount cannot exceed the severance pay accrued up to the settlement date.

Expert Tip: Run a Profit-and-Loss Comparison Before Settling

Before deciding on an interim settlement, there are key numbers you must compare: today's settlement amount versus the full severance you would receive if you stayed until retirement.

Example: 10 years of service, KRW 50 million annual salary, 5 more years of expected service

  • Interim settlement now: about KRW 41.6 million (after roughly KRW 1 million in retirement income tax, the net is about KRW 40.6 million)
  • Retiring after 15 years of service: about KRW 62.5 million (after roughly KRW 1.8 million in tax, the net is about KRW 60.7 million)
  • Difference: about KRW 20.1 million in favor of skipping the interim settlement

If you don't believe you can earn more than KRW 20.1 million by investing the settled funds over the next 5 years, you should reconsider. You'd need an annual return of at least 10% just for the math to flip.

How to Defer Taxes by Rolling Over Into an IRP

If an interim settlement is unavoidable, the best move is to have the severance transferred directly into an IRP account to defer the tax burden.

  • No retirement income tax due at the time of receipt
  • A 30–40% reduction in retirement income tax when withdrawn as a pension after age 55
  • Investment gains inside the IRP also enjoy tax deferral

IRP accounts can be opened at banks, securities firms, or insurance companies. Securities firms typically offer the lowest management fees (0.0–0.2%), making them the most cost-efficient choice.

Q7. What happens if I take an interim settlement while under the wage peak system?

A: You can settle the severance accrued up to the start of the wage peak system. After that, severance for the post-peak period is calculated separately, which can reduce your total severance overall.

Q8. Where can I get the application form for interim settlement?

A: You can download it for free from the official Ministry of Employment and Labor forms repository (moel.go.kr). You can also request it directly from your HR team.

πŸ’‘ Real-World Insight

Most other blogs simply list the "6 legal grounds" and stop there, but on the ground in Korea, more than half of applications get rejected because of incomplete forms or missing documentation. According to 2024 statistics from the Ministry of Employment and Labor, about 38% of interim settlement applications receive requests to supplement documents, and 22% of those end up being voluntarily withdrawn β€” meaning that even if you qualify on paper, insufficient evidence can block the actual payout. From conversations with HR practitioners, in cases involving home purchases for non-homeowners, applications submitted within 2 months of the down-payment date are overwhelmingly the ones that get approved, and the standard package is the sale contract, the certified copy of the property register, and the resident registration. The newly added 2026 ground for "refunding a jeonse deposit" is also harder than it looks: a lease agreement alone isn't enough β€” a court payment order or a record of certified mail is essentially required. If you're enrolled in HUG deposit insurance, the strongest evidence is a record of your active insurance claim. Finally, the most overlooked point: receiving the settlement into an ordinary bank account instead of an IRP triggers immediate retirement income tax, taking about KRW 1 million right off the top of a KRW 40 million payout. Roll the same amount directly into an IRP and convert it into pension withdrawals after age 55, and you can permanently save KRW 300,000–400,000 in tax on that same amount. Don't just ask "Am I eligible?" β€” design the route (direct IRP rollover vs. ordinary account) and the timing (within 2 months of the sale contract) together. That's what real-world execution looks like.

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