Jin & Kim, PLC | Legal Blog

Short AnswerIt depends.In Korea, recording an employee interview during an internal investigation may be possible, especially where the interviewer is a participant in the conversation.However, employers should be careful.Recording interviews can raise issues under Korea’s Communications Secrets Protection Act and Personal Information Protection Act.The key distinction is between:recording a con..

Short AnswerYes—generally, employers may require departing employees to return company-owned property.This typically includes laptops, mobile phones, tablets, access cards, keys, company credit cards, documents, storage devices, and other business assets.However, employers should distinguish between company property, company data, and employee personal property.Company ownership does not automat..

Short AnswerForeign companies operating in Korea should have employment policies that are localized for Korean labor law, not simply translated from global HR templates.At a minimum, companies should review whether they need:Work RulesCode of ConductDisciplinary PolicyWorkplace Harassment and Sexual Harassment PolicyConfidentiality PolicyIT and Personal Information Protection PolicyInternal Inve..

Short AnswerForeign companies should handle employee misconduct in Korea through a careful, evidence-based, and procedure-sensitive process.In Korea, disciplinary action, including warning, suspension, salary-related sanctions, demotion, or dismissal, generally requires a justifiable reason.If the company decides to dismiss the employee, the dismissal must also satisfy strict legal requirements,..

Short AnswerGenerally, yes.In Korea, employers commonly require employees to sign confidentiality agreements or include confidentiality obligations in employment contracts, work rules, employee handbooks, IT policies, or separate undertakings.However, enforceability depends on the scope, clarity, reasonableness, and the company's legitimate business interests and actual confidentiality practices..

Short AnswerAn employee generally cannot be forced to resign in Korea.If an employer asks an employee to resign but the employee refuses, the employment relationship usually continues unless the employer has a lawful basis for dismissal or the parties later reach a clear mutual separation agreement.A resignation must be voluntary.If an employee signs a resignation letter only because of pressure..

Short AnswerSometimes, but not always.In Korea, employers generally have managerial authority to assign work, reorganize teams, transfer employees, and manage business operations.However, this authority is not unlimited.Changes to an employee's job duties, work location, working hours, position, or compensation structure may require careful legal review, especially where the change substantially..

Short AnswerGenerally, an employer cannot unilaterally reduce an employee's salary in Korea.Salary is a core employment term. Once wages are agreed in an employment contract, salary agreement, work rules, or other binding employment documents, the employer usually needs a valid legal basis to reduce them.A salary reduction may be possible in limited circumstances, such as:where the employee indi..

Short AnswerTo defend an unfair dismissal claim in Korea, the employer must generally show two things.First, the dismissal was supported by a justifiable reason.Second, the employer followed the required procedures, including proper written notice of the dismissal reason and dismissal date.In practice, Korean labor authorities and courts examine not only why the employee was dismissed, but also ..

Short AnswerYes, but only within legal limits.In Korea, employers may search or review company offices, desks, company laptops, company email accounts, and corporate IT systems for legitimate business purposes, including internal investigations, protection of confidential information, data security, and recovery of company property.However, company ownership of the workplace or device does not a..