President Moon promised during his presidential campaign to make major changes to Korean Labor Law & Korean Employment Law . President Moon intends to make Korean Labor Law more protective and beneficial for workers. The major changes, in short, promised by the new administation are the following:
Create 810,000 New Jobs via expanding Korea’s Public Sector
President Moon has vowed to create over 340,000 new government social service jobs and over 140,000 new government jobs in public safety and security while converting 300,000 non-regular workers to permanent workers.
Impose Limitations on the Utilization of Non-Regular Workers in Korea
- Impose limits on the use of part-time and fixed-term workers to only work that is seasonal or temporary;
- Mandate that all workers are paid an equal sum for equal work;
- Impose a fine on employers that employ too high of a percentage of Non-Regular Workers; and
- Impose joint-employer liability on companies using in-house contractors.
Expand Labor Protection to Insurance Planners, Delivery Drivers & Private Teachers
President Moon has vowed to expand protection for workers that have been perceived to have been provided less protection under law. These workers, include, insurance planners, delivery drivers and at-home private teachers.
Limit or Prohibit the Use of Contracted Workers for Dangerous Activities
Outsourcing of dangerous activities is a common activity in Korea that has, recently, gained attention. The practice may be banned or limited.
Sean Hayes may be contacted at: [email protected]
Sean 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. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw. Sean is known for his proactive New York-style street-market advice and his aggressive and non-conflicted advocacy. Sean works with some of the leading retired judges, prosecutors and former government officials working in Korea.
Sean’s profile may be found at: Sean C. Hayes
Other articles that may be of interest:
- Korean Labor Law Checklist for Employers and Employees
- Status of Interns Under the Korean Labor Standards Act: Employees Entitled to Severance/Minimum Wage?
- “Ordinary Wages” Under Korean Labor Law Clarified by the Supreme Court: “Regular, Uniform & Flat” Definition
- Korea Expands Definition of Discriminatory Treatment for Non-Regular Workers: Employment & Labor Law Update
- Ordinary Wages and the Principle of Good Faith in Korea: How long should the principle be applied to Korean CBA?
- Minimum Wage Raised in Korea for 2020: Employment Law Updates
- Doing Business in Korea: The Korea labor market under the Moon administration
- Korean Workplace Discrimination Laws
- Part-time Worker Annual Paid Leave Obligations under the Korean Labor Standards Act
- Minimum Wage Increased in South Korea for 2021: Employment Law Update
- Increased Scrutiny of Employers by Korean’s Ministry of Employment & Labor under President Moon’s Administration: HR Audit Needed by Korean Employment Lawyers
- Calculation of Korean Hourly Wage Rate under the Minimum Wage Act of Korea
- IPG’s Korean Employment & Labour Law Chapter in Global Legal Insights 2018
- Guidelines on Rules of Employment & Guidelines on Fair Personnel Management Withdrawn by Korean Ministry of Employment
- Can you Revise Employment Rules in Korea without the Agreement of Employees?