Jin & Kim, PLC | Legal Blog

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..

Short AnswerForeign companies should cooperate appropriately with Korean authorities, but they should first determine which authority is conducting the investigation and what legal procedure is being used.Each authority has different legal powers, investigative procedures, and potential consequences. The appropriate response depends on the type of investigation—not simply on the fact that govern..

Short AnswerYes, but cross-border transfers of personal data are regulated under Korean law.Under the Korean Personal Information Protection Act (PIPA), personal data collected in Korea cannot simply be transferred overseas without a proper legal basis.In practice, foreign companies should check whether the transfer falls under one of the recognized legal grounds, such as separate consent, a sta..

Short AnswerCompanies should stay calm, cooperate appropriately, and quickly identify the legal basis for the raid.In Korea, a “dawn raid” may refer to different types of government action.It may involve:A criminal search and seizure by prosecutors or policeAn on-site investigation by a regulatory authorityAn inspection by an agency such as the Korea Fair Trade Commission (KFTC), Personal Inform..

Short AnswerForeign companies doing business in Korea should understand that Korean competition law may apply even if the company is incorporated overseas.Under the Korean Monopoly Regulation and Fair Trade Act (MRFTA), conduct outside Korea may still be regulated if it affects the Korean market.For foreign companies, competition law issues commonly arise in ordinary commercial activities, inclu..

Short AnswerPotentially, yes.However, an unpaid bunker supplier does not automatically obtain the right to pursue a vessel arrest in Korea simply because fuel was supplied to a vessel.In Korea, vessel arrest is generally implemented through court-ordered provisional attachment or judicial enforcement procedures rather than a standalone admiralty arrest regime. Whether a bunker supplier may obtai..