Equal Protection Under Law

Foreign workers in Korea are protected by the same labor laws as Korean workers. This includes the Labor Standards Act, Minimum Wage Act, and Industrial Safety and Health Act. Your immigration status does not affect your labor rights.

Even undocumented workers are entitled to unpaid wages and industrial accident compensation under Korean law.

Key Labor Rights

Working Hours

Standard: 40 hours per week (8 hours per day). Maximum with overtime: 52 hours per week. Overtime must be compensated at 150% of regular pay.

Minimum Wage

The minimum wage applies to all workers regardless of nationality or visa type. It is updated annually on January 1. Check the current rate at minimumwage.go.kr.

Paid Leave

1. 15 days of annual paid leave after 1 year of employment (80% attendance required)
2. 1 day of paid leave per month during the first year
3. Additional 1 day for every 2 years worked (up to 25 days total)

Severance Pay

Workers employed for 1 year or more are entitled to severance pay of at least 30 days' average wages per year of service.

Common Problems and Solutions

Unpaid Wages

If your employer does not pay your wages, file a complaint at the nearest regional labor office (고용노동부 지방노동관서). Bring your employment contract, pay stubs, and work records. The process is free.

Workplace Accidents

All workers are covered by Industrial Accident Compensation Insurance. If injured at work, report to your employer immediately and visit a designated hospital. Medical costs, lost wages, and disability compensation are covered.

Unfair Dismissal

Employers must give 30 days' advance notice before dismissal or pay 30 days' wages in lieu of notice. Dismissal without just cause can be challenged at the Labor Relations Commission.

Where to Get Help

1. 1350 — Ministry of Employment and Labor counseling (Korean, English, Chinese)
2. 1644-0644 — Korea Support Center for Foreign Workers (multilingual)
3. 1345 — Immigration and foreigner helpline
4. Seoul Global Center — Free legal consulting. 82-2-2075-4180
5. Legal Aid Corporation — Free legal aid for low-income foreigners. 132

Keep copies of your employment contract, pay stubs, time records, and any communications with your employer. These are essential evidence if a dispute arises.

Labor laws and minimum wage rates are updated periodically. Verify current rules at moel.go.kr (Ministry of Employment and Labor).