
Korean Labour Laws
The following is a badly edited summary of the Labour Standards Act of Korea,
based upon the list provided by attorney Rodney Pantony of the law firm
Samwon International, located in Kangnam-ku.
1. APPLICATION: This statute sets out the rights of employees. Generally
Korean courts have held that it applies to foreign or illegal
employees as well as Korean employees. (Note. other
statutes may provide additional protection.) The statute
prevails over contracts. It applies to employers with 5
employees. It even applies to government employers. Art. 2,
10, 11; Korean Supreme Court cases; direction to Ministry
of Labour.
2. CONTRACTS: Both employer and employee must comply with collective
bargaining agreements, employment agreements and rules of
employment. Both must act in good faith. (Art. 4) Note Under
the Korean Civil Code an offer (of employment)cannot
be withdrawn.
3. FOREIGNERS: Employer cannot discriminate against foreigners. (This
statute applies to foreigners) Art. 5
4. THREATS: Employers shall not threaten, beat, or confine employees. Art 6,7
5. EMPLOYMENT AGENCIES: Prohibited unless licensed. Art. 8
6. TIME OFF: Permitted for official business. Art. 9
7. POSTING OF RIGHTS : Employers must post a summary of employee rights
as well as the rules of employment (fine for failure
5,000,000 Art. III)
8. EMPLOYMENT AGREEMENTS: Employer is bound by provisions of
agreement or Labour Standards Act,
whichever favours the employee;
Employer violation gives right to damages
and travel expenses home Art. 20 ~ 23
9. DEDUCTION, PENALTY, SAVINGS: Not allowed even if you quit. Art. 24,26
10. DISMISSAL : Generally difficult under Korean law. (For those to whom it
applies, the Private School Act provides dismissal for: Art.
58 1. (2) unable to fulfill duties for one or more years service
record extremely poor (3) aims to destroy government (4)
participation in political or labour group (5) gives unlawful
grade an recording or false attestation in student record. etc.
30 days pay or notice is required).
11. LACK OF NOTICE : Termination without notice is allowed for destroying
the school. Art. 27-2
12. LABOUR INSPECTOR OR HEARING : A teacher can request an inspection
or hearing within 3 months of the
wrongful act.
13. SEVERANCE/RETIREMENT PAY: Applicable to employment one year or
more. Payable within 14 days of
leaving. Art. 28 (for KORETTA and
other teachers the Education Act and
Private School Pension Act have
similar provisions)
14. PROBATION: Not applicable to 1 year contracts. Art. 29
15. CERTIFICATE OF EMPLOYMENT : Must be provided forthwith upon
request. Art. 31
16. VACATION: One day per month + 10 days per year 22 days (+ 12 days for
females 32 per year) Art. 47 ~ 48. Statutory holidays are
additional.
17. RULES OF EMPLOYMENT : Required for 10 or more employees,
consultation required to draft; consent of
majority required to modify; approval with
Ministry of Labour required: 1. Hours
2. Calculation of pay and overtime 3. Family
allowance 4. Retirement 5. Bonuses
6. Education 8. Safety 9. Accident relief
10. Commendations and sanctions.
18. ENFORCEMENT: Only Labour Inspector and Public Prosecutors are able
to investigate and enforce Labour Standards Act.
19. PUNISHMENT OF EMPLOYER: Maximum is five years or 30,000,000 Won
20. MEDICAL: Employer must provide once/year CONTRACTS: Always obtain
an original signed copy. Make sure you know your company's
name, address, telephone number, fax, name of your employer,
name of person who signed the contract, beneficial owner, and
so on.
PASSPORTS: Provide copies not originals.
IMMIGRATION VIOLATION: Labour rights above apply. Fines average
1,000,000 Won. Use of Korean lawyer or
Workers Counselor advisable. Purchase of
airfare in advance of surrender to Immigration
investigator advisable.
ASSOCIATION FOREIGN WORKERS HUMAN RIGHTS:
Tel: 795-5504 Fax: 749-6055
DUTY LAWYER: 525-1919 BAR ASSOCIATION COUNSELING FOREIGN
WORKERS: 521-0030 FRIEDRICH-EBERT-STIFTUNG: Tel: 745-2648 Fax:
745-6684 OECD and international labour laws may also apply
Douglas Thompson