The ELA is proud to welcome our newest member firms: Potter, Anderson & Corroon in Delaware and Morais Leitão in Portugal! 
The ELA is proud to welcome our newest member firms: Potter, Anderson & Corroon in Delaware and Morais Leitão in Portugal! 

News & Publications

Top 10 Questions Employers Should Ask When Hiring and Firing in South Korea

By: Paul Cho

Submitted by Firm:
Kim & Chang
Firm Contacts:
C. W. Hyun, Deok-Il Seo
Article Type:
Legal Article
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HIRING IN SOUTH KOREA:

  1. What are the differences between hiring an employee on a fixed-term and indefinite-term basis?
  2. Does the employment agreement have to be in the Korean language?
  3. Does the company need to include a consent provision regarding email monitoring in the employment agreement or via a separate agreement?
  4. Is it legally permissible to include a probationary period provision in the employment agreement?
  5. Is overtime pay mandatory?
  6. Is a non-compete provision legally enforceable in Korea?
  7. Are background checks legally permissible in Korea?
  8. Are all employees entitled to statutory severance pay?
  9. Are pregnant female employees legally allowed to work overtime?
  10. Is there a legal retirement age in Korea?

FIRING IN SOUTH KOREA:

  1. What constitutes 'just cause" for termination under Korean law?
  2. Does the termination notice have to be in writing?
  3. Is the company legally obligated to pay severance to an employee fired for cause or who resigns of his/her own volition?
  4. Is due process required when firing an employee for cause?
  5. Remedies for a fired employee?
  6. What if the company refuses to comply with the reinstatement and back pay order by the labor authorities?
  7. What are the legal requirements for a layoff?
  8. What happens if a union exists?
  9. Can a union go on strike over a layoff?
  10. What is the standard practice in Korea regarding layoffs?  Formula for redundancies? 
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