The factors a Korean Court will, typcially, look at to determine if one is an “employee” are:
- Does the company have decision making power over the content of work of the individual?
- Are company rules of employment applied to the individual?
- Does the individual have business risks associated with working with company?
- Does the company substantial control over the work processes of the individual?
- Does the company set the time and date and other specifics of work of the individual?
- Does the company own the work assets of the individual?
- Can individuals use a third party to replace the work of the individual?
- Are earnings based on work – not success/sales?
- Does individual near exclusively depend on the work from the particular company?
- Is the work with the company continuous,thus, not temporary?
- Is the individual deemed an employee under the Social Security System?
The “independent consultant,” also, when explained the reality – finds this type of arrangement more advantageous. Normally, having a business, allows, tax benefits for the independent consultant.
We have written a good deal on this blog on distribution agreements in the past. Please take a look at these, below, articles for more details on doing business in Korea, Korean employment law and distribution and agency agreements.
- Distribution Agreements in Korea: Crawl Before you Walk
- Finding a Korean Distributor: Top Ten Musts
- Entering into a Joint Venture/Partnership in Korea
- Independent Contractor Obligations in Korea: Amcham Speech
Sean Hayes may be contacted at: [email protected] Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. He is ranked, for Korea, as one of only two non-Korean attorneys as a Top Attorney by AsiaLaw.
- 52-Hour Workweek Delayed in Korea for SMEs: Korean Labor Law Update
- IPG’s Representative Clients & Matters
- IPG’s Korean Employment & Labour Law Chapter in Global Legal Insights 2018
- Korea Expands Definition of Discriminatory Treatment for Non-Regular Workers: Employment & Labor Law Update
- Part-time Worker Annual Paid Leave Obligations under the Korean Labor Standards Act
- Mandatory Retirement Age of 60 may be Mandatory for Most Companies in Korea
- Definition of “Ordinary Wage” in Korea: Korean Employment & Labor Law Basics
- Migrant Worker Labor Union Denied Registration in Korea
- Merit System Protection Board Appeal Lawyers in Korea
- Korea Legal News for the Week of May 19