South KoreaThey 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.
What the Law Says
South Korean law uses substance-over-form to determine employment status. Even if called a 'freelancer' or 'contractor,' you may legally be an employee under the Labor Standards Act and related regulations.
The Labor Standards Act (LSA) defines an 'employee' as 'a person who provides labor to a business or workplace for wages, regardless of the type of occupation.' This definition focuses on the actual working relationship—not job titles or contract language.
The Ministry of Employment and Labor's Enforcement Decree clarifies that four main factors determine employment status: (1) whether the employer controls the work method and time; (2) whether the worker uses employer-provided tools/equipment; (3) whether the worker is economically dependent on one employer; and (4) whether the work is integral to the employer’s business.
Under the Act on the Protection of Fixed-Term and Part-Time Employees, workers engaged for more than two years continuously—or repeatedly renewed beyond five years—may be converted to indefinite-term employees, even if labeled 'freelance.'
Statutory TextAn employee means a person who provides labor to a business or workplace for wages, regardless of the type of occupation.
— Labor Standards Act, s. 2 — Definition of Employee
Statutory TextWhere a fixed-term employment contract is repeatedly renewed, and the total period of employment exceeds two years, the employee shall be deemed to have entered into an indefinite-term employment contract.
— Act on the Protection of Fixed-Term and Part-Time Employees, s. 4(1)
What to Do
Review your actual work: Who sets your hours, tools, methods, and performance standards?
Check if your income relies mostly on one client—and whether your work is core to their business.
Collect evidence: payment records, instructions, schedules, emails, and equipment use.
File for a 'Labor Relationship Confirmation' with the local Labor Office (free and confidential).
If confirmed as an employee, claim unpaid wages, severance, 4-week notice, and national pension/health insurance contributions.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.