Paternity Leave Rights for Fathers Working in Korea

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Many employees are surprised to learn that South Korean law provides significant protections for fathers following the birth of a child. Both Korean nationals and foreign resident employees working in Korea, are commonly entitled to paternal benefits.

Fathers are generally entitled to 20 working days of paid paternity leave following the birth of a child. From September 18, 2026, an employee can use his paternity leave 50 days before the expected date of a child’s birth. This leave should be taken within 120 days of the child’s birth and may be divided into a maximum of three separate periods. It is important to note that employers cannot refuse a qualifying employee’s request for statutory paternity leave.

Fathers who meet certain requirements may also apply for parental leave (육아휴직) to care for a young child. Depending on the circumstances, parental leave can last up to one year, with longer periods available in certain circumstances — such as if an employee and his spouse used more than 3 months of parental leave to care for the same child, if an employee is a single father, and if an employee has to care for a disabled child — under recent legal reforms. Additionally, under the revised law scheduled to take effect on August 20, 2026, the above parental leave includes leave for one or two weeks for reasons such as school breaks, school closures, or child illness.

During parental leave, eligible employees typically receive benefits through Korea’s Employment Insurance system rather than from their employer directly.

Korean employment law protects employees who exercise their parental leave rights. Employers are generally prohibited from dismissing, demoting, or otherwise causing disadvantages to an employee due to his paternity or parental leave. Employees are generally entitled to return to their previous position or an equivalent role after their parental leave ends.

As Korea continues to expand family-friendly workplace policies, employers should ensure that their internal policies and employment practices comply with current legal requirements.

For any questions regarding paternity leave, parental leave, or other legal matters in Korea, InterLEX can provide expert guidance with our fully Korean Bar licensed attorneys ensuring compliance with Korean laws and regulations.

New Employee Probationary Period in Korea

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.

Employment Offer Contractual Obligations

A recent decision by the Seoul Administrative Court underscores an increasingly important issue in Korean employment law; when does a job offer become legally binding? In a case involving a Korean fintech company, the court ruled that rescinding a job offer only 4 minutes after notifying  the applicant of acceptance by text message constituted an unfair dismissal under Korean law. The employer had informed the candidate that employment would begin the following Monday, only to revoke the offer moments later without any explanation. The court held that an employment relationship was formed once the company communicated acceptance.

This case  highlights the legal distinction between  recruitment processes and an established employment contract. The company argued that no employment agreement had been formed and that it employed fewer than five regular workers, seeking exemption from sections of the Korean Labor Standards Act. However, the court examined operational realities—including shared office space and overlapping personnel with affiliated entities—and determined that the company effectively exceeded the employee threshold, making certain Labor Standards Act provisions effective.

The court also emphasized compliance with Article 27 of Korea’s Labor Standards Act, which generally requires employers to provide written notice of dismissal specifying both the reason and timing of termination. According to the ruling, once a candidate receives a hiring notification, an employer may not unilaterally retract the offer without satisfying legal dismissal requirements.

For employers, HR professionals, and foreign-invested businesses navigating Korean labor law, experienced legal guidance is essential when managing recruitment disputes, employment contracts, and dismissal-related risks. Firms seeking Korean Bar-certified counsel with cross-border employment expertise can seek expert guidance from the professionals at InterLEX. For any question prior to or after extending an employment offer, please contact us.

“Yellow Envelope Act” Collective Bargaining Determination Support Committee

The Collective Bargaining Determination Support Committee: Key Points for Employers

In response to amendments to Korea’s Trade Union and Labor Relations Adjustment Act (the “Yellow Envelope Act”), the Ministry of Employment and Labor established the Collective Bargaining Determination Support Committee (the “Committee”). Its purpose is to provide authoritative guidance on interpretive issues, particularly whether a principal contractor may be deemed an “employer” based on the concept of “substantial control.”

The Committee functions as an advisory body composed of legal and labor experts. There is no requirement for parties to seek the Committee’s view before initiating proceedings before the Labor Relations Commission or the courts. Nevertheless, its interpretations may carry practical influence, as administrative bodies may be reluctant to depart from the views of the specialized government advisory panel.

Initially, some employers have considered utilizing the Committee as a useful risk-management tool. Requesting an interpretation of employer status may help demonstrate that the company conducted careful legal assessment when responding to collective bargaining requests. This can be particularly relevant given the uncertainty surrounding the issue of “substantial control”  and potential exposure to unfair labor practice claims if bargaining is refused.

Simultaneously, employers should proceed with caution. Even requesting an interpretation recognizing employer status could later be used as an unfavorable factor in disputes before administrative bodies or courts.

Overall, while the Committee’s determinations are not binding, they are likely to become an increasingly important reference point in shaping collective bargaining practices under the evolving legal framework.

For help in approaching the committee and how to understand how employees may utilize the committee, contact the experts at InterLEX. Our fully licensed Korean Bar certified attorneys are ready to help guide you through the evolving regulatory industry.

Korea Visa Overview

An Overview of Korean Visa Categories

At InterLEX, we regularly assist clients including both multinational corporations and individual applicants with visa planning and compliance. While the specifics vary, understanding the broad structure of Korea’s visa categories can be a helpful starting point.

Below are some explanations for the more common visa types:

F Visas: Residency and Family-Based Status

The “F” series is generally for longer-term residents and those with family or personal ties to Korea. These visas allow more flexibility in daily life and employment

  • F-2 (Resident Visa): A broad category that can include holders of certain D visas transitioning to longer-term residence, and highly skilled professionals meeting income and integration criteria. F-2 holders typically enjoy greater employment freedom.
  • F-4 (Overseas Korean Visa): For ethnic Koreans holding foreign passports/nationality. This visa gives near-citizen-level work rights without requiring a change of citizenship.
  • F-5 (Permanent Resident): This visa allows individuals to live and work in Korea without restrictions. Eligibility varies but often involves long-term residence, financial stability, language competency, and integration tests.
  • F-6 (Spouse of Korean National): For individuals married to a Korean citizen, this visa grants the right to reside and work in Korea. Immigration authorities now apply stricter scrutiny to ensure genuine marital relationships.

D Visas: Long-Term Activities Such as Study, Research, or Investment

The “D” series covers individuals for medium- to long-term stays for specific professional or academic purposes. These visas usually are linked to a specific institution or activity.

  • D-2 (Student Visa): Studying at a Korean university or graduate school.
  • D-4 (General Trainee): Often used for language students or those in unpaid internships or training programs.
  • D-6 (Religious Visa): For a person who is dispatched to a chapter registered in Korea by the foreign religious body or social welfare organization
  • D-8 (Business Investment): For foreign nationals who establish or invest in a Korean company.
  • D-10 (Job Seeker): A transitional visa for those seeking employment

E Visas: Employment and Professional Work

The “E” series is Korea’s employment-related visa category, designed to permit foreign nationals to work in specific fields. These visas are often employer-sponsored.

  • E-1 to E-3: Academic and research positions, such as university professors or researchers.
  • E-6 (Culture and Entertainment): Used by artists, performers, and other entertainment industry workers—including K-pop trainees and performers.
  • E-7 (Specially Designated Activities): A catch-all for skilled professionals not covered by other E categories, such as engineers, IT professionals, or medical workers. This visa requires both employer sponsorship and approval by immigration authorities.

While the broad structure is straightforward, the fine print can be anything but. Immigration rules change frequently, and the requirements for each visa are detailed and often case specific. Factors like nationality, prior visits, Korean language ability, and even the intended field of employment can affect eligibility.

Korea has been moving toward a more structured immigration system in recent years, tightening controls on spousal visas, introducing points-based systems for residency, and increasing documentation requirements.

If you’re unsure which visa best fits your goals or if you’re already in Korea and exploring a status change, we recommend you consult with the experts at InterLEX. Our fully bar certified attorneys can assist with all of your immigration questions and needs. Our proactive and responsive legal advice can save you both time and resources in the future.

HR Implications of South Korea New Presidency

With the inauguration of President Lee Jae-myung, South Korea enters a new era of labor and employment policies. The administration is expected to pursue substantive reforms aimed at strengthening worker protections, narrowing labor market disparities, and modernizing employment standards. Employers (especially those engaged in international business) should begin preparing for the impact these policy shifts may have on compliance, workforce strategy, and corporate governance. Some key areas where human resources are likely to be impacted include:

Reduction of Standard Working Hours and Promotion of Flexible Work Arrangements

President Lee has previously endorsed a phased reduction of Korea’s statutory working hours from 40 to 36 hours per week, with a long-term goal of aligning national labor norms with OECD standards (~1,740 annual hours). Policies promoting work-life balance, such as expanded paid leave entitlements, are expected to receive legislative backing.

Implications for Employers:

  • Employment contracts and work rules may require revision to reflect new hour standards.
  • Businesses should assess staffing models to adapt to compressed workweeks.

Expanded Protections for Non-Regular and Platform Workers

The new administration is expected to promote a comprehensive “Basic Law on the Rights of All Workers,” extending legal protections to freelancers, platform-based labor, and other categories traditionally excluded from Korea’s Labor Standards Act.

Implications for Employers:

  • Employers will likely need to review and reclassify the employment status of contractors, part-time staff, and gig economy contributors.
  • Worker agreements should be revised to reflect broader legal definitions of employee rights.

Wage Equality and Adjustments to Retirement Age

Enforcement of “equal pay for equal work” principles are likely to intensify, with scrutiny on compensation disparities among workers performing equivalent roles. Additionally, Discussions on raising the statutory retirement age to 65 appear to be gaining traction.

Implications for Employers:

  • Employers should reassess pay banding, incentive schemes, and promotion pathways to align with equity expectations.
  • Workforce planning must re-evaluate career development and role transition strategies for older employees.

Empowerment of Labor Unions

The new administration has expressed support for substantially enhancing collective bargaining rights, particularly for subcontracted workers. There may also be employment reforms towards industry-focused agreements, reshaping the landscape of labor-management relations.

Implications for Employers:

  • Employers must invest in internal labor relations communication protocols and dispute resolution readiness.
  • Proactive engagement with labor council is advised to ensure proactive compliance and negotiation support.

Abolition of the Comprehensive Wage System

Among President Lee Jae-myung’s labor pledges is the elimination of the comprehensive wage system—a framework that allows employers to bundle multiple wage components (such as overtime, holiday pay, and bonuses) into a fixed salary. This system has faced criticism for obscuring actual working conditions and limiting fair compensation for excess hours.

Implications for Employers:

  • Employers using comprehensive wage structures should prepare for a regulatory phase-out and consider transitioning to itemized, transparent wage practices.
  • Payroll systems and employment agreements may require overhaul to ensure compliance with revised wage calculation standards.

Conclusion

President Lee Jae-myung’s labor and governance agenda marks a likely pivot toward employee-centered reforms and heightened regulatory accountability. While the administration has yet to definitively introduce a concrete agenda or official position on labor and employment matters, the direction seems clear. Employers are advised to take proactive steps—engaging with legal advisors, auditing internal policies, and preparing for structural shifts—to ensure resilience and legal compliance in the evolving Korean labor landscape. InterLEX stands ready to assist with all of your needs. As a premier law firm specializing in South Korean employment and corporate law, InterLEX provides tailored legal solutions to both domestic and international employers. With deep insight into Korean legislative trends and regulatory frameworks, InterLEX helps clients anticipate risk, implement strategic compliance, and align with the country’s shifting legal environment.

Is a Regular Bonus with Conditions Part of Average Wages?

Supreme Court En Banc Panel to Decide Key Ordinary Wage Cases

The Korean Supreme Court is set to address a critical issue affecting wage calculations, as three high-profile cases involving ordinary wages have been referred to its en banc panel. These cases raise significant questions about whether regular bonuses with specific conditions qualify as part of ordinary wages.

SeAH Steel Case: The Service Condition Debate

The SeAH Steel case challenges whether regular bonuses that are subject to “service requirement clauses” should be classified as ordinary wages. Under these clauses, bonuses are only paid to employees still employed on the payment date, excluding those who have left the company.

The Seoul High Court Decision 2017Na2025282 Decided on December 18, 2018 had ruled that such clauses are invalid, stating that bonuses should count as ordinary wages because employees earn them by completing prescribed work, regardless of their employment status on the payment date. This ruling contradicted a 2013 Supreme Court en banc Decision 2012Da89399 Decided on December 18, 2013 which had upheld the validity of service requirements, sparking controversy among employers.The case was referred to the en banc panel in 2020 due to its potential to overturn established precedent, but no final ruling has been made.

Hanwha Life Insurance and Hyundai Motor Cases

Two more wage-related disputes joined the en banc docket recently.

  • Hanwha Life Insurance: Similar to SeAH Steel, this case questions the validity of a service requirement for regular bonuses. The Seoul High Court Decision 2018Na2037060 Decided on June 19, 2020 previously ruled the clause invalid, finding that employees should not lose bonuses earned through completed work merely because they were no longer employed on the payment date.
  • Hyundai Motor Company: This case involves a bonus eligibility condition based on the number of workdays completed. The Seoul Central Provincial Court Decision 2022Na75299 Decided on October 12, 2023 had found in favor of Hyundai, stating that the condition rendered the bonus uncertain and excluded it from ordinary wages.

Broader Implications

The Supreme Court’s en banc panel typically handles cases with major social or legal implications, and its ruling on these cases is highly anticipated. If the Court upholds the lower courts’ decisions, it could overturn the 2013 precedent, significantly impacting businesses that rely on service or workday conditions for bonus eligibility.

This comprehensive review is expected to clarify the status of conditional bonuses and provide a definitive stance on their treatment in wage disputes, with far-reaching consequences for employers and employees alike.

Korean Supreme Court Expands Labor Rights for Part-Time University Lecturers

The Korean Supreme Court Decision 2023Da217312, Decided on July 11, has redefined the scope of “low-hours employees” under the Labor Standards Act. According to this Act, workers averaging under 15 hours per week over four weeks typically do not qualify for weekly paid days off or minimum annual leave. However, eight university lecturers challenged this rule, arguing that their work exceeded 15 hours per week when factoring in lecture preparation, grading, and administrative duties, even if their contracts stated otherwise.

While lower courts ruled in favor of the government, citing insufficient evidence that actual hours exceeded the contractual ones, the Supreme Court overturned these rulings. The Court found that preparation and administrative tasks are integral to lecturers’ duties, and basing “low-hours” classification solely on contracted lecture hours misrepresents their true workload. The Court argued that excluding these tasks contradicts the intent of the Labor Standards Act, which is meant to exempt only those with minimal work hours and lesser involvement.

This decision grants these lecturers the right to weekly paid days off and annual leave and may set a precedent for other part-time employees with similar roles. It suggests that even if contractual hours are below 15, jobs requiring substantial preparation or additional duties might still qualify for these entitlements. This could also extend to severance benefits, though that was not addressed directly in this ruling.