SOFA between the U.S. and the ROK
BLUF: While Status of Forces Agreement (SOFA) between the United States and the Republic of Korea (ROK) primarily governs the activities of active-duty and actively employed civilians and contractors in South Korea, it does provide some (minimal) framework for U.S. military retirees, particularly regarding their legal standing and residency. Retirees must still follow South Korean laws and regulations, and they will not enjoy the same immunities or privileges, but it is worth mentioning here in case a retiree is still working in Korea.
The SOFA is a legal framework that outlines the rights and responsibilities of U.S. personnel stationed in South Korea, including military personnel, civilian employees, and their dependents. This agreement covers a variety of aspects, such as the legal status of U.S. service members and their families, jurisdiction over criminal offenses, tax obligations, and other logistical matters while they are in South Korea. For U.S. military retirees, the SOFA primarily applies in terms of their legal status and their ability to reside or visit South Korea. However, retirees typically do not have the same status as active-duty personnel under the SOFA, as they are no longer part of the military command structure.
Here's a breakdown of the key aspects that apply to U.S. military retirees under the ROK-U.S. SOFA:
- Entry and Residency: U.S. military retirees may be able to enter and reside in South Korea if they are receiving military retirement benefits. However, they will likely need to apply for the appropriate visa (such as a long-term visa or a visa for retired military personnel) through South Korean immigration authorities. Without a visa, a retiree is not allowed to stay in Korea in any status other then tourist, which is an undocumented (no passport stamp) 90-day C-3 visa. Read more about the C-3 Tourist Visa.
- Legal Jurisdiction: While active-duty military personnel fall under U.S. military jurisdiction for most legal matters, retirees are generally subject to South Korean law in the same way that other foreign nationals in Korea would be i.e. you are just another foreigner in Korea. This means they don’t have the same protections or immunity as active-duty members and could be prosecuted under South Korean law if they commit offenses i.e. SOFA does not protect you in any way.
- Healthcare and Benefits: This is covered under several healthcare pages of this website to include TRICARE, Direct Care and Korean Civilian Healthcare. Refer to those pages for more.
Not Having SOFA Status
How not having SOFA status affects retirees in Korea
Non-SOFA Finding a GS or Contract Job in Korea
How not having SOFA Status affects retirees who wish to find a GS or Contract job
BLUF: Retirees in Korea under ANY Visa other than A-3 SOFA or C-3 Tourist cannot get hired as a GS, NAF, Contractor or any DOD employment.
- A retiree who is still working in a SOFA status job such as a GS, NAF or Invited Contractor (with 700-19) can move between government jobs within 30 days of when employment ends.
- A retiree in Korea under a C-3 tourist visa can be hired into a SOFA job.
- A retiree in Korea under any "F" visa cannot be hired into a SOFA job.
Applying For Korea Visas Once You Lose SOFA Status
The topic of applying for a Korean visa once you have lost an A-3 SOFA status visa is covered on our Korean Immigration Processes page. Click here to jump to that page.
