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  • 1.

    What are the main statutes and regulations relating to employment?

  • 2.

    Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?

  • 3.

    What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?

  • 4.

    Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?

  • 5.

    What are their powers?

  • 6.

    Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?

  • 7.

    Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?

  • 8.

    Are there any restrictions or prohibitions against drug and alcohol testing of applicants?

  • 9.

    Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?

  • 10.

    Must there be a written employment contract? If yes, what essential terms are required to be evidenced in writing?

  • 11.

    To what extent are fixed-term employment contracts permissible?

  • 12.

    What is the maximum probationary period permitted by law?

  • 13.

    What are the primary factors that distinguish an independent contractor from an employee?

  • 14.

    Is there any legislation governing temporary staffing through recruitment agencies?

  • 15.

    Are there any numerical limitations on short-term visas? Are visas available for employees transferring from one corporate entity in one jurisdiction to a related entity in another jurisdiction?

  • 16.

    Are spouses of authorised workers entitled to work?

  • 17.

    What are the rules for employing foreign workers and what are the sanctions for employing a foreign worker that does not have a right to work in the jurisdiction?

  • 18.

    Is a labour market test required as a precursor to a short or long-term visa?

  • 19.

    Are there any restrictions or limitations on working hours and may an employee opt out of such restrictions or limitations?

  • 20.

    What categories of workers are entitled to overtime pay and how is it calculated?

  • 21.

    Can employees contractually waive the right to overtime pay?

  • 22.

    Is there any legislation establishing the right to annual vacation and holidays?

  • 23.

    Is there any legislation establishing the right to sick leave or sick pay?

  • 24.

    In what circumstances may an employee take a leave of absence? What is the maximum duration of such leave and does an employee receive pay during the leave?

  • 25.

    What employee benefits are prescribed by law?

  • 26.

    Are there any special rules relating to part-time or fixed-term employees?

  • 27.

    Must employers publish information on pay or other details about employees or the general workforce?

  • 28.

    To what extent are post-termination covenants not to compete, solicit or deal valid and enforceable?

  • 29.

    Must an employer continue to pay the former employee while they are subject to post-employment restrictive covenants?

  • 30.

    In which circumstances may an employer be held liable for the acts or conduct of its employees?

  • 31.

    What employment-related taxes are prescribed by law?

  • 32.

    Is there any legislation addressing the parties’ rights with respect to employee inventions?

  • 33.

    Is there any legislation protecting trade secrets and other confidential business information?

  • 34.

    Is there any legislation protecting employee privacy or personnel data? If so, what are an employer’s obligations under the legislation?

  • 35.

    Is there any legislation to protect employees in the event of a business transfer?

  • 36.

    May an employer dismiss an employee for any reason or must there be ‘cause’? How is cause defined under the applicable statute or regulation?

  • 37.

    Must notice of termination be given prior to dismissal? May an employer provide pay in lieu of notice?

  • 38.

    In which circumstances may an employer dismiss an employee without notice or payment in lieu of notice?

  • 39.

    Is there any legislation establishing the right to severance pay upon termination of employment? How is severance pay calculated?

  • 40.

    Are there any procedural requirements for dismissing an employee?

  • 41.

    In what circumstances are employees protected from dismissal?

  • 42.

    Are there special rules for mass terminations or collective dismissals?

  • 43.

    Are class or collective actions allowed or may employees only assert labour and employment claims on an individual basis?

  • 44.

    Does the law in your jurisdiction allow employers to impose a mandatory retirement age? If so, at what age and under what limitations?

  • 45.

    May the parties agree to private arbitration of employment disputes?

  • 46.

    May an employee agree to waive statutory and contractual rights to potential employment claims?

  • 47.

    What are the limitation periods for bringing employment claims?

  • Updates and trends

Founded in 2000, Jipyong LLC has over 200 lawyers and accountants and is perennially recognized by media and its peers as a top full-service law firm in Korea.

View more information about Jipyong

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60 Chungjeong-ro | Seodaemun-gu
T: +82 2 6200 1600
F: +82 2 6200 0800


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