Labor Rights in Korea for Foreign Workers
Wrongful dismissal, unpaid wages and harassment — your rights are the same as a Korean employee's, whatever your visa.
Labor Rights for Foreign Workers: Key Facts
- Does the Labor Standards Act apply to foreign workers?
- Yes. It applies to everyone employed in Korea regardless of nationality or visa type, and employers may not discriminate in working conditions because of nationality (Labor Standards Act, Article 6).
- How long do I have to challenge a dismissal?
- An application for relief must reach the Labor Relations Commission within three months of the dismissal (Article 28(2)). After that, the Commission route is closed, although a court action may still be possible.
- When must wages be paid when I leave a job?
- All wages, severance and other money due must be paid within 14 days of leaving, unless both sides agree to extend the date (Article 36). Unpaid wage claims expire after three years (Article 49).
- Is not paying wages a crime in Korea?
- Yes. Since 8 October 2026, failing to pay wages or final settlement is punishable by up to 5 years' imprisonment or a fine of up to KRW 50 million (Article 107(1)). The employer is generally not prosecuted against the worker's express wishes, except for employers already publicly listed as wage defaulters (Article 107(2)).
- Can I complain about harassment at work?
- Yes. Using a position or relationship to cause physical or mental suffering beyond what work reasonably requires is prohibited workplace harassment (Article 76-2), and the employer must investigate a report.
- What happens to my visa during a dispute?
- It depends on the visa. On employer-tied visas such as E-9 and E-7, losing the job can affect your right to stay, so a labor claim and the visa position should be planned together and early.
Where are you now?
Which Laws Protect Foreign Workers in Korea?
Foreign nationals working in Korea — on an E-9, E-7, H-2, F-series or any other visa — are entitled to the full protection of Korean labor law. The Labor Standards Act sets the baseline for every employee in Korea: dismissal only for just cause, minimum wage, rest periods, and wages paid in full and on time. The Act on the Employment of Foreign Workers adds rules for visa-sponsored employment, including the right to change workplaces in certain cases and mandatory departure guarantee insurance that funds severance.
Together these laws mean an employer cannot lawfully dismiss a foreign employee without just cause, withhold wages, or impose conditions below the legal minimum — whatever the written contract says.
Wrongful Dismissal
An employer may not dismiss, suspend, transfer, cut pay or otherwise discipline an employee without just cause (Labor Standards Act, Article 23(1)), and the employer bears the burden of showing that the dismissal was justified. A dismissal without documented cause, without proper procedure, or in retaliation can be challenged.
The application for relief goes to the regional Labor Relations Commission within three months of the dismissal (Article 28). The Commission can order reinstatement, or payment in place of reinstatement together with the wages lost in the meantime. Redundancy dismissals must meet stricter conditions: urgent business necessity, real efforts to avoid dismissal, fair selection criteria and prior consultation with employees.
Legal basis: Labor Standards Act, Articles 23 and 28.
Unpaid Wages and Severance
Wages must be paid in full, in money, directly to the employee, at least once a month on a fixed date (Labor Standards Act, Article 43). When a job ends, all wages, severance and other money due must be paid within 14 days (Article 36). Wage claims expire after three years (Article 49).
Not paying is also a crime. From 8 October 2026 the penalty is up to five years' imprisonment or a fine of up to KRW 50 million (Article 107(1)). The employer is generally not prosecuted against the worker's express wishes, except for employers already on the government's public list of wage defaulters (Article 107(2)) — so the worker's position matters in any settlement.
Subcontracted construction work
In construction, where work has been subcontracted more than once and a subcontractor that is not a licensed builder fails to pay its workers, the contractor directly above it is jointly liable for those wages, whether or not it was at fault and even if it has already paid the subcontractor (Supreme Court Decision 2024Do4055, 27 June 2024; Labor Standards Act, Article 44-2).
There are two main routes, which can run together: a complaint to the regional Labor Office, which investigates, orders payment and can refer the case for prosecution; and a civil claim for the wages plus statutory interest.
Legal basis: Labor Standards Act, Articles 36, 43, 44-2, 49 and 107 (as amended with effect from 8 October 2026).
Wages unpaid? Send us the basic facts on KakaoTalk →Harassment and Discrimination
Employers may not discriminate in working conditions on grounds of nationality, religion or social status (Labor Standards Act, Article 6). Workplace harassment — using a position or relationship to cause physical or mental suffering, or a worse working environment, beyond what the work reasonably requires — is prohibited for employers and co-workers alike (Article 76-2).
A foreign worker who suffers systematic mistreatment linked to nationality, language or visa status may have grounds both for a complaint through the labor authorities and for a civil damages claim.
Legal basis: Labor Standards Act, Articles 6 and 76-2.
Your Visa During a Labor Dispute
The visa is handled separately from the labor case, but the two interact. On employer-sponsored visas — especially E-9 and E-7 — the right to stay may depend on an active employment relationship, and the protection available while a dismissal is being disputed is limited. The effect depends on the visa category and the facts. Get advice early to avoid an unintended gap in lawful status.
If you have already left Korea, a wage or dismissal claim can usually still be pursued through a Korean lawyer under a power of attorney.
How to Start a Labor Claim
- Note the key dates
The date of dismissal starts the three-month deadline; the date you left starts the 14-day payment period.
- Keep the evidence
Contract, payslips, bank statements, working-hour records, messages and any written dismissal notice.
- Choose the route
Wage complaints go to the regional office of the Ministry of Employment and Labor; dismissal claims go to the Labor Relations Commission. Both can be pursued at the same time.
- Plan the visa side
Check how the dispute affects your stay before the job formally ends, if possible.
Representative Attorney Pyoungho Kim
- 2011
- Passed the Judicial Examination
- 2011
- 1st Bar Exam Reviewer (Ministry of Justice)
- 2012
- 54th Judicial Examination Reviewer (Ministry of Justice)
- 2013
- Seoul Central District Court Civil Conciliation Committee
- 2013
- Deputy Prosecutor at Jeonju District Prosecutors' Office
- 2013
- Professional Institutional Training in the Office of a National Assembly Member
Full career (12 more)
- 2013
- KOTRA Washington Trade Center — Study on U.S. Government Procurement Laws
- 2015
- Member, International Committee of the Korean Bar Association
- 2015
- Member, Autonomous Committee for Countermeasures against School Violence, Seoi Elementary School, Seoul
- 2017
- Director and Legal Advisor, Korea Paragliding Association
- 2017
- Member, Review Committee, Seoul Bar Association
- 2017
- Seoul Family Court Adult Guardian
- 2020
- Delegate, The Law Times
- 2020
- Regulation Reviewer, Seoul Entrepreneurs Association
- 2020
- Member, Committee for the Protection of School Rights, Seoi Elementary School, Seoul
- 2021
- Korean Bar Association Young Lawyer Award
- 2021
- Excellent Lawyer selected by the Korean Bar Association
- 2023
- Member, Administrative Action Deliberation Committee, Ministry of Land, Infrastructure and Transport (current)
Education: Yonsei University, Department of Physics · Languages: Korean, English · Press coverage (Naver News, Korean)
Certifications and awards
Reviewed by Pyoung-ho Kim, Attorney at Law · Last updated 8 November 2026
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