Jin & Kim, PLC | Legal Blog

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..

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 AnswerMany disputes with Korean counterparties are not caused by missing legal clauses, but by practical drafting gaps.Common mistakes include unclear document hierarchy, conflicting purchase orders and standard terms, vague specifications, weak change-control procedures, unclear IP and tooling ownership, incomplete termination provisions, and dispute-resolution clauses that do not support..

Short AnswerIf a Korean company enters rehabilitation or bankruptcy during an international dispute, your legal strategy may need to change immediately.Depending on the type and stage of the insolvency proceeding, litigation, arbitration, enforcement, and asset recovery may be suspended, restricted, or become subject to Korean insolvency procedures.Acting quickly is often critical. A creditor ma..

Short AnswerThere is no universal answer.In cross-border disputes involving Korea, the better choice between litigation and arbitration depends mainly on where enforcement will be needed, where the counterparty’s assets are located, whether urgent provisional measures are required, and whether finality or appellate review is more important.In many cases, the key question is not simply “Which for..

Short AnswerThe most common mistakes in international disputes involving Korea are focusing only on liability, reviewing the dispute resolution clause too late, ignoring enforcement and asset preservation, underestimating Korean procedural requirements, and failing to secure evidence early.In cross-border disputes, the legal merits are only one part of the strategy. A foreign company should also..