South Korea (KR)
South Korea is a high-income East Asian democracy with world-class broadband, dense public transport, export-led technology giants, sophisticated healthcare, a powerful popular culture sector and one of Asia's most convenient urban lifestyles for expats who can adapt to Korean-language administration.
Employment Rights
Sick leave, dismissal protection and red flags in South Korea.
South Korean labour law provides strong wage, severance, and dismissal protections under the Labor Standards Act (근로기준법 — LSA). The Ministry of Employment and Labor (MOEL — moel.go.kr) administers labour policy; the National Labor Relations Commission (중앙노동위원회 — nlrc.go.kr) adjudicates unfair dismissal and unfair labour practice cases; Regional Labor Offices handle wage complaints. Enforcement often requires proactive filing — employees should document issues promptly. The minimum wage is KRW 10,320/hour from 1 January 2026 (monthly equivalent approximately KRW 2,156,880 based on 209 hours/month). All employees (including foreign nationals with valid work authorisation) are entitled to the same rights under Korean labour law.
Sick leave
Rules: There is no universal statutory paid sick leave for ordinary illness in South Korea. Some companies provide sick leave through their Rules of Employment (취업규칙) or employment contract; others do not. Work-related injury and occupational disease are covered separately by Industrial Accident Compensation Insurance (산재보험 — IACI), managed by the Korea Workers' Compensation and Welfare Service (근로복지공단). For non-occupational illness, employees typically use annual leave or unpaid absence. Most multinational employers and large Korean corporations provide paid sick days in addition to annual leave.
Doctor note: No statutory requirement — determined entirely by company policy. Most employers require a medical certificate (진단서 or 의사 소견서) from a licensed doctor for absences exceeding 2–3 consecutive days. Hospitals charge a fee for medical certificates.
Employer pay: No statutory employer sick pay obligation for ordinary illness; entitlement depends solely on the employment contract or Rules of Employment. Industrial accident benefit (산재급여) is paid by IACI for work-related injuries/disease at 70% of average wage during treatment.
Long-term: For permanent disability from work-related causes: IACI pays disability benefit. For non-work illness causing inability to work: National Health Insurance (NHIS — 국민건강보험) covers medical treatment costs; no cash sickness benefit scheme exists for non-occupational illness. Long-term disability may trigger Employment Insurance (고용보험) vocational rehabilitation support.
Dismissal protection
Law: The Labor Standards Act (근로기준법) requires just cause (정당한 이유) for dismissal of covered employees (those employed at workplaces with 5+ employees for most protections). Employers must give 30 days' advance written notice or pay 30 days of ordinary wages in lieu. For dismissal due to management difficulties (경영상 이유), additional requirements apply including advance notice, good-faith consultation, and reporting to MOEL. Unjustified dismissal can be challenged at the Regional Labor Relations Commission.
Deadline to sue: Unfair dismissal (부당해고) remedies must be filed with the Regional Labor Relations Commission within 3 months of the dismissal date. This is the standard first-instance body before appeal to the National Labor Relations Commission (중앙노동위원회). Wage claims may also be filed with the Regional Labor Office within 3 years. Do not delay — file as soon as possible after dismissal.
Probation
Probation periods of 3 months are the most common in Korean employment contracts. Even during probation, dismissal requires objective reason and proper procedure under the LSA — an employer cannot dismiss a probationary employee without justifiable cause. Written employment contracts (including Rules of Employment) must be provided at or before start of work. Workers with less than 3 months of service are excluded from some LSA severance protections; probation can affect the calculation of the 1-year severance threshold.
Notice periods
30 days advance notice by employer, or payment of 30 days' ordinary wages in lieu. Employee resignation: typically 1 month in professional contracts, though the LSA does not set a specific minimum for employee notice. Mandatory severance pay (퇴직금): 30 days' average wage per year of continuous service for employees who have worked 1+ year continuously and 15+ hours per week. This is a legal right, not a contractual benefit.
Working time
Max hours: Standard working hours: 40 hours per week (8 hours per day, 5-day week). The 52-hour weekly maximum cap (주 52시간제) includes 40 regular hours plus a maximum of 12 overtime hours. Workplaces with 5–49 employees were subject to phased implementation. Additional overtime of 8 hours per week is permitted for specific industries under special extension agreements (특별연장근로).
Min rest: Minimum break: 30 minutes for shifts of 4 hours; 1 hour for shifts of 8 hours (unpaid). Weekly paid holiday (주휴일): employees who work all their scheduled days in a week are entitled to 1 paid holiday per week. Night work (10pm–6am) restrictions and special rules apply for vulnerable workers.
Overtime: Overtime, night work (10pm–6am), and holiday work attract a 50% wage premium for covered employees. Extended hours beyond the 52-hour cap require Ministry approval for special industry exemptions. Employers must maintain time and attendance records.
Vacation
15 working days of paid annual leave after 1 year of continuous service with at least 80% attendance. During the first year, employees accrue 1 day per month (up to 11 days). Leave increases by 1 day for every additional 2 years worked, up to a maximum of 25 days. Accrued but unused leave that employers fail to facilitate must be monetised (연차수당 — annual leave allowance). The employment contract and Rules of Employment govern carry-over and payout terms.
Anti-discrimination
The Equal Employment Opportunity and Work-Family Balance Assistance Act (남녀고용평등법) prohibits gender discrimination in recruitment, employment, promotion, and pay. The Act on the Employment of Persons with Disabilities mandates that employers with 50+ employees hire at least 3.1% of staff from persons with disabilities. The Workplace Anti-Bullying Act (직장 내 괴롭힘 금지) (amended 2021) requires employers to investigate and address workplace harassment. Foreign workers have rights under the Employment of Foreign Workers Act (외국인근로자 고용법) and can file wage complaints with Regional Labor Offices regardless of immigration status.
Contract red flags
- !Independent contractor (용역, 도급) label applied to a work relationship with employee-like control, fixed hours, and single client — courts and MOEL can reclassify as employment with full LSA rights and retroactive severance liability.
- !Salary below the 2026 minimum wage of KRW 10,320/hour (monthly minimum approximately KRW 2,156,880 for 209 hours) — illegal; file a wage complaint with the Regional Labor Office.
- !No severance pay despite completing 1 year of continuous employment at 15+ hours/week — mandatory 퇴직금 (30 days' average wage per year); confirm the employer has a severance reserve or Individual Retirement Pension (IRP) account.
- !Housing or utility deductions not specified in writing — deductions from wages require written employee consent under the LSA.
- !Passport retention by employer — illegal; no employer in Korea may hold an employee's passport.
- !Visa job category (E-2, E-7 etc.) not matching actual duties — creates immigration violation risk and may invalidate the employment contract.
- !Unpaid training period or mandatory overtime beyond the 52-hour cap without proper registration and premium pay.
- !No written payslip (임금명세서) or payslip that does not itemise all wage components — mandatory under the LSA; all salary components (base, allowances, overtime, deductions) must be documented.
Employment Rights
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