Recent amendments to the Korean Labor Standards Act introduce two important changes to the statutory framework governing working hours, rest periods, and annual paid leave. The amendments address long-standing practical issues arising from the rigid application of break-time rules and the absence of an express statutory basis for using annual leave in hourly units. The first amendment explained below permits employees who work exactly four hours to waive the statutory 30-minute break, provided the employee expressly requests to forgo the break. The second amendment, explained below, establishes
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Coupang 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 Workplace Discrimination Laws
There are numerous Korean labor and employment laws that prohibit employers from discriminating against their employees in a Korean workplace. These Korean workplace discrimination laws are found in a myriad of Korean statutes and regulations. This article on Korea’s discrimination laws provides a quick guide to where employers and employees can locate the basic requirements under Korean law. The major pieces of legislation are the following: the Korean Labor Standards Act; the Korean Equal Employment Opportunity Act; the Korean Fixed-term Workers Act; and the Act on Prohibition
Continue readingTerminating an Employee in Korea: Korean Employment Law Basics
The Korean Labor Standards Act mandates that employees under “contract” or “regular employees” may only be terminated for “justifiable reason attributable” to the employee or “urgent managerial necessity” after the completion of the employee’s probationary period. Both Korean employment law standards are, often, difficult for an employer to meet without the professional structuring of HR policies and procedures and a nuanced approach to the termination of employees in Korea. FYI – Company executives/directors are, normally, not considered company “employees” and thus do not benefit from most of
Continue readingEnglish-Speaking Korean Labor & Employment Lawyers in Korea
This Korean Law Blog is brought to you by English-speaking Korean labor lawyers & employment lawyers working for IPG Legal – an international law firm with offices in Korea. Sean is the author of this blog, and English-speaking Korean lawyers contribute to this law blog. Please find below a few of the most recent matters we have worked on. To view articles on Korean Labor & Employment Law, please see: IPG Legal’s Employment Law Archive and IPG Legal’s Litigation Archive. Leading rating services have recognized IPG attorneys
Continue readingInfertility/Subfertility & Childcare Leave Law in Korea
The recent Moon Administration is making drastic changes to Korea’s Employment & Labor Law. A prior article on promises made by the Moon Administration was posted earlier in the year. Two interesting changes relate to “Subfertility Leave” and “Childcare Leave.” We shall be updating the reader over the next couple of weeks on numerous other issues that are important for employers and employees to understand about Korean Employment & Labor Law. Check back often and subscribe via the link to Right. Fertility Leave Law in Korea Employees
Continue readingDoing Business in Korea: The Korea labor market under the Moon administration
The election of progressive President Jae-in Moon, after the impeachment and imprisonment of the conservative former President, led to, among other progressive proposals, pledges from the President Moon Administration of sweeping changes to Korea’s Labor & Employment Law. The following appears in a publication supported by the Korean Government. The complete publication may be found at: Discovering Business in Korea. The following changes are the major changes proposed by the Moon Administration. The changes may have a significant affect on companies doing business in Korea and may lead to
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