Workplace Disputes in Korea

Presented by K LAW OFFICE

Do Korean Labor Laws Apply to Foreign Workers?

In principle, workers in Korea are protected without discrimination based on nationality when the relationship falls within the relevant labor statute. However, some Labor Standards Act provisions and remedies depend on matters such as workplace size and worker status, so the scope must be checked for each issue.

Unpaid Wages and Severance

• Unpaid wages (임금체불): Employers are required to pay wages on the agreed date. Failure to do so is a criminal offense under the Labor Standards Act and can be reported to the Ministry of Employment and Labor (고용노동부).
• Severance pay (퇴직금): The statutory retirement-benefit scheme generally excludes a worker whose continuous service is less than one year or whose prescribed weekly working hours averaged over four weeks are less than 15. The contract and worker status still need to be checked.
• Remedies: Labor complaints can be filed with the local Employment and Labor office. Civil claims for unpaid wages can also be pursued through the courts.

Unfair Dismissal

An employer cannot dismiss a worker without just cause where the relevant Labor Standards Act provisions apply. The employer must give written notice of both the reason and timing of dismissal for the dismissal to take effect. Once a worker has been continuously employed for at least three months, 30 days' advance notice or pay in lieu is generally required, subject to statutory exceptions. Labor Relations Commission relief is generally available for workplaces ordinarily employing at least five workers; scope and exceptions should be checked.

Workplace Harassment and Discrimination

• Labor Standards Act Articles 76-2 and 76-3 prohibit workplace harassment and require the employer to investigate a report without delay, take protective measures where the statutory conditions are met, and take corrective measures once harassment is confirmed. A Ministry of Employment and Labor complaint may concern the employer's failure to perform those statutory duties; it is distinct from the internal report itself.
• The Labor Standards Act prohibits discriminatory treatment based on nationality, among other grounds. The Foreign Workers Employment Act separately prohibits unfair discriminatory treatment of foreign workers, while sex discrimination is governed by other legislation including the Equal Employment Opportunity and Work-Family Balance Assistance Act.

Practical Steps

• Keep copies of all employment documents: your contract, payslips, attendance records, and any written communications with your employer.
• If wages are unpaid, document the amounts owed and the dates they were due.
• If you have been dismissed, preserve the written notice stating the reason and date. If no written notice was given, record that fact and keep all related communications.
• For harassment or discrimination, preserve lawfully obtained evidence such as recordings, messages, or CCTV footage.
• Be aware that visa status can be affected by termination of employment — address both issues in a coordinated way.

How an Attorney Can Help

An attorney can assess whether your employer's conduct violates Korean labor law, assist with filing administrative complaints, and represent you in civil proceedings or before the Labor Relations Commission to recover unpaid wages or compensation for unfair dismissal.

Related Issues

• Visa Overstay in Korea
• Rent Disputes
• Criminal Complaint (Harassment / Assault)