South KoreaEmployment
Wrongful termination, overtime pay, unpaid wages, discrimination, leave rights
25 questions
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Wage Rights
(6)I'm not receiving overtime pay.
In South Korea, most workers are entitled to overtime pay of at least 150% of their regular hourly wage for hours worked beyond 40 per week or 8 per day, as mandated by the Labor Standards Act.
I'm being paid below minimum wage.
It is illegal for your employer to pay you less than the national minimum wage in South Korea. You can file a complaint with the local Labor Office or claim unpaid wages through the Labor Relations Commission.
I'm working over 52 hours per week. Is this illegal.
Yes, working over 52 hours per week is illegal in South Korea. The maximum legal workweek is 52 hours, including up to 12 hours of overtime.
My wages are overdue. What should I do?
You can file a wage claim with the Korean Ministry of Employment and Labor (MOEL) or sue your employer in court. Wage claims must be filed within 2 years of the due date.
A wage peak system was applied to me. Is this unfair.
A wage peak system is not automatically unfair in South Korea, but it must comply with the Labor Standards Act and collective agreements — otherwise it may be invalid.
My employer isn't enrolling me in the 4 major insurances.
In South Korea, employers must enroll all employees in the four major social insurances (National Health Insurance, National Pension, Employment Insurance, and Industrial Accident Compensation Insurance) — failure to do so is illegal and subject to penalties.
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Leave Benefits
(4)My parental leave request was denied.
In South Korea, employers must approve parental leave requests if the employee meets eligibility requirements under the Equal Employment Opportunity and Work-Family Balance Assistance Act — denial without lawful grounds is illegal.
How many days of annual paid leave am I entitled to?
Most employees in South Korea are entitled to 15 days of paid annual leave per year after one year of continuous employment.
How many days of maternity leave am I entitled to?
You are entitled to 90 days of paid maternity leave in South Korea, with an additional 60 days of optional unpaid leave available.
If I can't use annual leave, can I receive pay in lieu?
Yes, if you cannot use your annual leave due to employer reasons or termination, you are entitled to payment in lieu of unused days under South Korean law.
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Dismissal Protection
(5)I was unfairly dismissed. Where do I file for remedy?
File a claim for unfair dismissal remedy with the Labor Relations Commission (LRC) within 3 months of dismissal.
I wasn't given advance notice of dismissal. Can I get 30?
Yes, if you were dismissed without 30 days' advance notice (or payment in lieu), you are entitled to 30 days' average wage as severance under the Labor Standards Act.
I'm being told I'll be dismissed for business reasons.
In South Korea, dismissal for business reasons is only lawful if the employer proves genuine managerial necessity, selects employees fairly, makes sincere efforts to avoid dismissal, and gives 30 days’ notice or severance pay.
My boss is forcing me to submit a resignation letter.
You cannot be forced to resign in South Korea — doing so under coercion may make your resignation invalid, and you may be entitled to severance pay and reinstatement.
I was fired during probation. Is this unfair dismissal.
Firing during probation is generally not unfair dismissal in South Korea, as employers may terminate without cause during the probationary period, provided it is done within legal limits and not for discriminatory or retaliatory reasons.
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Workplace Safety
(4)I experienced sexual harassment at work. How do I respond?
Report the harassment to your employer immediately, file a complaint with the Ministry of Employment and Labor or the National Human Rights Commission, and consider seeking legal remedies under the Equal Employment Opportunity and Work-Family Balance Assistance Act.
I'm being bullied at work.
Workplace bullying is illegal in South Korea under the Equal Employment Opportunity and Work-Family Balance Assistance Act, and employers must take immediate action to prevent and address it.
I had a work injury but the company won't report it.
In South Korea, you can report your work injury directly to the Korea Workers' Compensation and Welfare Service (KCOMWELFARE) even if your employer refuses. You have up to 3 years from the injury date to file a claim.
A colleague verbally abuses me. Can I take legal action?
Yes, you may take legal action for verbal abuse in South Korea under the Act on Prevention of Domestic Violence and Protection of Victims, or the Criminal Act if the abuse involves threats, defamation, or insult.
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Contract Terms
(4)My employer didn't provide a written employment contract.
Yes, it is a problem — South Korean law requires employers to provide a written employment contract before work begins, and failure to do so can result in fines up to ₩2 million.
The company unilaterally changed my working conditions.
In South Korea, an employer cannot unilaterally change working conditions without the employee’s consent unless the change is reasonable, based on legitimate business needs, and follows proper procedures under the Labor Standards Act.
They say I'm a freelancer, not an employee. Is this true.
Whether you're a freelancer or employee in South Korea depends on the reality of your work—not just the label. Courts and labor authorities look at control, independence, economic dependence, and integration into the business.
I'm a dispatched worker. Can I be converted to regular?
Yes, dispatched workers in South Korea may be converted to regular employees after working continuously for 2 years at the same client company, under the Dispatched Workers Protection Act.