Jin & Kim, PLC | Legal Blog

Short AnswerYes, but only with a justifiable reason.In Korea, an employer may dismiss an employee during probation, but probation does not mean at-will employment. Korean courts generally treat probationary dismissal or refusal of regular employment as the employer’s exercise of a reserved right to terminate the employment relationship.This means probationary dismissal may be recognized more bro..

Short AnswerGenerally, yes.In Korea, employers may generally conduct internal workplace investigations involving:employee misconductworkplace harassmentsexual harassment allegationscompliance violationstrade-secret issueswhistleblower complaintsfraud concernsHR-related disputesIn some situations, Korean law may effectively require employers to investigate certain workplace complaints, particular..

Short AnswerGenerally, yes — but Korean labor law significantly restricts employee termination compared to many other jurisdictions.Unlike “at-will employment” systems recognized in some countries, employers in Korea generally cannot freely dismiss employees without a legally justifiable reason.In practice, employers usually need:a justifiable reason for dismissal,proper termination procedures,s..

Short AnswerOften, yes — if the employer pays 30 days’ ordinary wages in lieu of advance notice.Under Korean law, an employer generally must either:Provide at least 30 days’ prior notice before dismissal, orPay 30 days’ ordinary wages instead of noticeAccordingly, a dismissal without advance notice itself is not always illegal if proper payment is made.However, even where notice or payment is pr..

Short AnswerYes, but only within legal limits.In Korea, employers may monitor company email accounts, company computers, and corporate IT systems for legitimate business purposes, including cybersecurity, regulatory compliance, internal investigations, and protecting confidential information.However, monitoring is not unlimited.Whether monitoring is lawful generally depends on four practical que..

Short AnswerThe Serious Accident Punishment Act (SAPA) is one of Korea's most important workplace safety and corporate compliance laws.It may impose criminal liability on a business owner, a Responsible Management Officer (often the CEO or representative director), and, in some cases, the company itself when a serious industrial accident or serious civil accident occurs because statutory safety ..

This Part explains how responsibility is allocated under SAPA, focusing on the concept of substantial control, operation, and management, which determines who is treated as the responsible entity in multi-party and contractor-based workplaces.Responsibility Is Determined by Reality, Not LabelsUnder SAPA, responsibility does not turn on contractual titles or formal designations alone. The decisiv..

Short AnswerYes, foreign companies may use fixed-term employment contracts in Korea, but there are important limits.A fixed-term contract does not always mean that employment automatically ends without risk when the contract period expires.In Korea, there are two major legal risks.First, if an employee is used as a fixed-term employee beyond the statutory limit, the employee may be deemed to hav..

Short AnswerIn Korea, whether a person is an independent contractor or an employee depends on the actual working relationship, not the title used in the contract.Even if a contract describes the person as an “independent contractor,” “consultant,” “freelancer,” or “service provider,” the person may still be recognized as an employee under Korean labor law if the actual relationship shows that th..