New employees under a probationary period in Korea are not treated the same way as probationary employees in many other countries. For multinational employers, misunderstanding this distinction can introduce significant legal risk.

In Korea, even employees hired with a probationary period are generally considered full employees from day one. They receive most statutory labor protections, including at least 90% of minimum wage, social insurance coverage, and protection against unfair dismissal.

While employers in Korea have somewhat greater flexibility to terminate a probationary employee, the dismissal must still be based on objectively reasonable grounds. A probation period does not give the employer license to terminate employment without proper justification.

In countries such as the United Kingdom, Singapore, and  some U.S. states, probation periods often provide employers with broad discretion to end employment with shorter notice requirements and reduced legal processes.

A common misconception by foreign companies operating in Korea is assuming that a probationary employee can be dismissed simply because the probation period has not ended. Under Korean labor law, employers should  carefully document performance concerns, provide feedback, and maintain evidence supporting any decision to dismiss an employee during probation.

For any specific questions about how to correctly apply probationary periods or how to maintain objective performance documentation requirements, please contact our fully Korean Bar-certified attorneys at InterLEX to provide guidance.