Wrongful Termination in South Korea

South Korea is not an “at-will” employment country, which means that an employer may not dismiss an employee for any reason nor without warning or notice. Under the Korean Labor Standard Act, an employer who has five or more employees may not dismiss or suspend from work any of its employees without “justifiable cause.” And even the employer can establish justifiable cause for dismissal, in Korea, the employer is still required to give a minimum of 30-days advance notice (or

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What Do You Need To Know About Severance Pay in South Korea?

Korean Severance pay (retirement pay) is the compensation that an employee in Korea is entitled to receive from his employer doing business in Korea once the employment has ended. Under the Korean Employee Retirement Benefit Security Act, a regular full-time employee in South Korea shall receive severance pay within 14 days from termination of employment. The amount of severance pay is equal to the employee’s one month salary for every year of consecutive service. For similar articles, you may read:

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“Ordinary Wages” Under Korean Labor Law Clarified by the Supreme Court: “Regular, Uniform & Flat” Definition

The definition of “ordinary wage” has been clarified by the Korean Supreme Court in two decisions handed down on December 18, 2013. The cases will have a significant impact on Korean Labor & Employment Law and will, likely, lead to additional litigation. The calculation for an Ordinary Wage is utilized to calculate statutory entitlements and, thus, has an impact on the aggregate amount of contributions necessary to be paid to an employee. The issue is one of the most significant

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