As complex cross-border litigation, arbitration, and international transactions continue to increase in Korea, foreign courts and overseas counsel are frequently required to apply or assess Korean law and the Korean legal system. In such cases, accurate and nuanced interpretation of Korean statutes, judicial precedent, and regulatory practice is essential. IPG Legal regularly works with foreign lawyers and courts to provide expert opinions on matters governed by Korean law. We often appear in court and provide legal opinions worldwide. The Role of Korean Law Expert Opinions in Cross-Border
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Best Practices for Disciplining/Terminating Employees in Korea under the Korean Labor Standards Act
Employee discipline is one of the most frequent sources of labor disputes in Korea. Even where misconduct or underperformance appears clear, employers in Korea often lose cases before the Labor Relations Commission and the Korean courts due to procedural defects, insufficient documentation, lack of proactivity, and disproportionate sanctions. Korean labor law places strict limits on an employer’s disciplinary authority, and compliance requires more than simply identifying employee fault. For the basics of terminating an employee in Korea, please see: Termination of an Employee in Korea. For an
Continue readingHiring a Korean Independent Contractor for Work in Korea
We receive many requests for drafting Korean independent contractor agreements, and we sometimes decide with the client that it is better to have a Korean distribution or agency agreement with a Korean company, because of uncertainty in Korean Labor & Employment Law and other reasons. Korea’s court decisions on Korean Labor Law are as predictable as the Korean weather, and the standard to determine if one is an independent contractor or an “employee” is as clear as a Beijing sky. For a further explanation of this issue, see: Korean
Continue readingBonuses/Special Allowances Paid to Non-Striking Korean Workers Deemed Not an Unfair Labor Practice or Union Interference by Seoul Administrative Court: Lessons for Companies Doing Business in Korea
The Seoul Administrative Court (2024GuHap3647) held that a manufacturing company’s payment of special allowances (bonus-like payments) to non-striking employees is not an unfair trade practice under Korea’s Trade Union and Labor Relations Adjustment Act. The decision overturned a retrial ruling by the Korean Central Labor Relations Commission. For addtional articles on Korean Employment Law, see: IPG Legal’s Employment & Labor Law Archive. Facts Seoul Administrative Court’s Decision The Seoul Administrative Court overturned the Korean Central Labor Relations Commission’s ruling and held that the special allowances paid to
Continue readingProbationary Periods in Korean Employment Agreements: Korean Court Rules in Favor of Employee in Unfair Dismissal During Korean Probationary Period
Many employers in Korea, often due to ill-advised counsel, mistakenly believe that Korean probationary employment periods permit them to terminate workers without justification or even written notification. A recent ruling by the Seoul Administrative Court clarifies that probationary periods are not merely “evaluation periods,” and dismissing Korean employees during or immediately after probation requires specific, iterated grounds and compliance with Korean labor law formalities. For additional blog posts on Korean Labor & Employment Law, see: IPG Legal’s Labor & Employment Law Archive. Korean Probationary Employment Case Overview
Continue readingCoupang Fulfillment Services in Korea Found Liable for Unfair Dismissal and Union Suppression by Seoul Administrative Court
Coupang, an e-commerce company with its primary business in Korea, was found to have committed unfair labor practices in violation of Korea’s Trade Union Law and unfairly dismissed a worker in Korea in breach of the Korean Labor Standards Act. Coupang has been accused, on numerous occasions, of labor violations by foreign and domestic employees working for Coupang. NOTE: For full disclosure, IPG Legal is engaged for cases against Coupang by executives working for Coupang in Korea. While IPG Legal is typically engaged by foreign companies doing
Continue readingKorean Company CEO’s Criminal Liability for Workplace Safety under the Korean Occupational Safety & Health Act and Korean Serious Accidents Punishment Act
A recent judgment by the Changwon District Court in Korea (Case No. 2025Godan1381) highlights the increasing potential for criminal liability of CEOs and executives in Korea under the Occupational Safety and Health Act of Korea (OSHA) and the Serious Accidents Punishment Act of Korea (SAPA). On August 29, 2025, a Korean court sentenced the CEO of a painting company to one year in prison, suspended for two years, after a 46-year-old foreign worker fell to his death while repainting an apartment roof in Gimhae City, Korea. The
Continue readingKorean Labor Relations by Tom Coyner
Here is an old post on Korean Labor Relations that we are reposting, since it has great importance for companies doing business in Korea. Democracy is a new and relatively recent development. Many Koreans feel it is natural to protest as part of their newfound freedom. Marches and rallies are part of daily life, albeit less intense than one might think from the news coverage.Only a small percentage of these demonstrations ever get out of hand. The press tends to focus on what makes up perhaps a
Continue readingKey Provisions for Korean Employment Rules for Companies Doing Business in Korea
Under the Korean Labor Standards Act (LSA), companies employing ten or more workers in Korea must prepare and file “rules of employment” (근로규칙) with the Korean Ministry of Employment and Labor. These internal regulations set out the basic working conditions, procedures, and policies that govern the employment relationship between the employer and employee. Even smaller employers are encouraged to adopt written rules, as they serve to prevent disputes and promote transparency. For additional articles on Korean Labor & Employment Law, see: IPG Legal’s Labor Law Archive. When
Continue readingKorean Employment Rules Required for Companies with 10 or More Employees in Korea
Employment law in Korea is highly regulated and features an employee-protective system, characterized by employee-protective jurisprudence. Companies doing business in Korea must carefully navigate this framework, and one of the most important legal obligations is the preparation, filing, and enforcement of employment rules (취업규칙). For foreign-invested companies doing business in Korea, this process often requires more than a translation of a global handbook. Korean courts and regulators expect rules that reflect local labor law and practice. This article provides an overview of what employers need to know.
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