Restrictive Covenants in Korean Employment Agreements and the Lawyers in Korea that Draft Them

The form agreements dished out by some Korean “legal experts” on employment law at many of the “ubiquitous” Korean “law firms” has led me to write, again, on this issue. If a lawyer gives you a form labor agreement/employment separation agreement that does not consider the below, no need to fret, you are not alone – just move on. Most firms and attorneys in Korea are providing work product that is much lower in quality than the mediocre firms overseas

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Legality of an Employer Lockout in Korea: Korean Labor & Employment Law Basics

Korea, in the eyes of many domestic and foreign companies, has been lax in the enforcement of the rights of employers to run a business.  One noted cases that lead to a decision by the Supreme Court of Korea comes to mind.  Because of a labor strike at a major automobile parts manufacturer and the physical blocking of the use of replacement workers and employer machinery by the employees, the employer implemented a partial unpaid lockout of certain employees (employees

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IPG’s Korean Employment & Labour Law Chapter in Global Legal Insights 2018

IPG is proud to announce the contribution of the Korean chapter to GLI’s 2018 Edition of Employment & Labour Law.  The publication contains chapters from 29 different countries.  The publication may be found at: Employment & Labor Law, Sixth Edition. Key Issues addressed are, among others,: -General Labour Market Conditions in Korea -Employment Policies under the Moon Administration -Litigation Trends in Korea -Definition of “Ordinary Wage” in Korea -Korean Supreme Court’s Regular Interval Bonus Case -Director as an Employee for

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Guidelines on Rules of Employment & Guidelines on Fair Personnel Management Withdrawn by Korean Ministry of Employment

Inline with the labor union and employee-focused promises of the President Moon Administration, the Ministry of Employment & Labor has withdrawn the impeached President Park’s Guidelines on Rules of Employment & Guidelines on Fair Personnel Management to the regret of most of industry.  The withdraw of the Guidelines does not change the present state of Korean Labor & Employment Law. Ex-President Park’s Guidelines on Rules of Employment, inter alia, noted procedures to amend the rules of employment of a company

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Korean Employment Law & Labor Law amendments under Pres. Moon Administration

President Moon 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

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Must I grant Male Employees Maternity/Paternity Leave in Korea?: Korean Labor/Employment Law Updates

Article 19 of the Korean Labor Standards Act (LSA), in part, governs whether an employer must grant an employee unpaid maternity leave.  Any employer, under the LSA, must grant a male or female employee maternity leave (Literal translation: Temporary Retirement for Childcare) if the child of the parent is taking care of the child and the child is under the age of 8 (Western/Legal Age). The employer is required to give the employee a maximum of one year unpaid leave,

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Unfair/Wrongful Dismissal of Foreign Executives under Term Contract with Korean Chaebols & MNL in Korea

Expat executives working in Korea are typically hired by Korean conglomerates and multinational companies doing business in Korea based on two or three-year contracts. Many of these contracts contain terms that are in violation of the Korean Labor Standards Act and other laws and regulations. These employment contracts often have one to six-month at-will termination clauses. In many cases, these contracts are in violation of the Korean Labor Standards Act and other laws and regulations. Many foreign executives, recently, have

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Hiring a Korean Independent Contractor for Work in Korea

We receive many requests for drafting Korean independent contractor agreements and we, sometime, decide with the client, that it is better to have a Korean distribution or agency agreement with a 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

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Ordinary Wages and the Principle of Good Faith in Korea: How long should the principle be applied to Korean CBAs?

We wrote a post on this blog a few years back entitled: Ordinary Wages Under Korean Law Clarified by Supreme Court: Regular, Uniform & Flat Defined.  Our post noted, in part, that: ” . . .the Supreme Court, in a case that I will call the Regular Interval Bonus Case, has delivered  a couple of more clear examples, than in the past, of cases that will be considered Ordinary Wages.   In the case, the employer was providing a “regular bonus”

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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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