Korean Labor Laws for Foreign Workers

If you are planning to work in South Korea, whether in a full-time job or a part-time position, it is important to understand the country’s basic labor laws.

Korea has laws designed to protect workers’ wages, working hours, holidays, and other employment conditions. These protections generally apply to foreign employees as well as Korean employees. However, some rules differ depending on workplace size, working hours, and employment arrangements.

In this guide, I will explain the basic Korean labor laws that foreign workers should know in 2026, including minimum wage, employment contracts, weekly holiday pay, overtime, annual paid leave, and severance pay.

This article is based on Korean legislation and publicly available information from official government sources.

Minimum Wage in Korea (2026)

South Korea has a statutory minimum wage that employers must generally pay their employees.

The minimum wage in Korea for 2026 is as follows:

• Hourly minimum wage: KRW 10,320
• Daily wage (8 hours): KRW 82,560
• Monthly equivalent (209 hours): KRW 2,156,880

The monthly equivalent is calculated using 209 paid hours, including a standard 40-hour working week and eight hours of paid weekly holiday time.

However, this does not mean every employee receives the same monthly salary. Actual earnings depend on working hours, employment contracts, and wage arrangements.

Additional compensation may also be required for qualifying overtime, night work, and holiday work.

The minimum wage generally applies regardless of workplace size, although certain legal exceptions exist.

Official source: Minimum Wage Commission

Employment Contracts in Korea

Before starting a job in Korea, it is important to review your employment contract.

An employment contract establishes the basic conditions agreed upon between an employer and an employee.

Under the Korean Labor Standards Act, employers must specify legally required working conditions and provide written documentation of key employment terms.

Before signing, check the following:

• Salary or hourly wage and payment date
• Working hours and break times
• Holidays and annual paid leave
• Job duties and workplace location
• Contract duration, if employed under a fixed-term contract

It is also important to confirm that the wages you actually receive match the terms of your contract.

I recommend keeping copies of your employment contract and wage statements. These documents can be useful if a dispute arises concerning wages or working conditions.

Official law: Korean Labor Standards Act

Weekly Holiday Pay (Juhyu Sudang)

Korea has a system of paid weekly rest days for employees who meet certain legal requirements.

The wages paid for these rest days are commonly known as Juhyu Sudang (주휴수당), or weekly holiday pay.

Generally, the following conditions are relevant:

• Average scheduled working hours must be at least 15 hours per week over a four-week period.
• The employee must attend all scheduled working days during the relevant week.

Scheduled working hours refer to the hours agreed upon in the employment contract or otherwise established as regular working hours.

For example, an employee working five days per week for eight hours per day may qualify for eight hours of paid weekly holiday time if the legal requirements are met.

Part-time employees working fewer than 40 hours per week may receive weekly holiday pay calculated proportionally to their scheduled working hours.

Importantly, weekly holiday pay provisions may also apply to workplaces with fewer than five employees.

Working at a small restaurant or café does not automatically exclude an employee from receiving weekly holiday pay.

Actual eligibility and payment amounts depend on the employee’s working arrangements and attendance.

Official information: Ministry of Employment and Labor Customer Service

Working Hours, Breaks, and Overtime Pay

Under the Korean Labor Standards Act, statutory working hours for most adult employees are generally limited to eight hours per day and 40 hours per week, excluding breaks.

Separate rules may apply depending on age, job characteristics, and applicable working-hour arrangements.

Break Times

Employers must generally provide:

• At least 30 minutes of break time for four hours of work
• At least one hour of break time for eight hours of work

Employees must be free to use their break time.

Overtime Pay

At workplaces regularly employing five or more workers, qualifying overtime generally requires an additional payment of at least 50% of ordinary wages.

Overtime commonly refers to work exceeding statutory working-hour limits, although the precise rules depend on the applicable working-hour system.

Night Work Pay

For qualifying work performed between 10 p.m. and 6 a.m., an additional payment of at least 50% of ordinary wages is generally required.

Holiday Work Pay

For qualifying holiday work, the general statutory premium rates are:

• Up to eight hours of holiday work: At least 50% additional pay
• More than eight hours of holiday work: At least 100% additional pay for the hours exceeding eight

Where overtime, night work, or holiday work overlap, the applicable statutory premiums must be considered together.

An important distinction is workplace size.

The statutory premium-pay provisions under Article 56 of the Labor Standards Act generally apply to workplaces with five or more regular employees.

These provisions do not generally apply in the same way to workplaces with fewer than five employees. However, additional payments may still be required under an employment contract or separate agreement.

Official law: Korean Labor Standards Act, Articles 50, 54 and 56

Annual Paid Leave in Korea

Eligible employees in Korea are entitled to statutory annual paid leave.

Annual paid leave allows employees to take time off while receiving wages.

The statutory provisions generally apply to workplaces with five or more regular employees and employees whose average scheduled working hours are at least 15 hours per week over a four-week period.

Less Than One Year of Employment

Employees with less than one year of continuous service generally earn one day of paid leave for each month of perfect attendance.

One Year or More of Employment

Employees who attend at least 80% of their working days during the relevant year generally qualify for 15 days of annual paid leave.

Different rules apply when attendance falls below 80%.

Additional Leave for Long-Term Employees

Employees with at least three years of continuous service receive one additional day of paid leave for every two years of continuous service beyond the first year.

Statutory annual paid leave is capped at 25 days.

Actual leave entitlements depend on length of service, attendance, working hours, and other applicable legal conditions.

The statutory annual paid leave provisions generally do not apply to workplaces with fewer than five employees.

However, employers may provide additional paid leave through employment contracts or workplace policies.

Official law: Korean Labor Standards Act, Article 60

Severance Pay in Korea

Employees who meet the statutory requirements may be entitled to retirement benefits when their employment ends.

Foreign workers can also qualify for severance pay under Korean law.

The general eligibility requirements include:

• At least one year of continuous employment
• Average scheduled working hours of at least 15 hours per week over a four-week period

The statutory severance-pay standard is at least 30 days of average wages for each year of continuous service.

Average wages are generally calculated using wages paid during the three months immediately preceding retirement, divided by the total number of calendar days in that period, subject to applicable legal rules and exceptions.

This means severance pay is not necessarily equal to the employee’s final monthly salary.

The actual payment method may also differ depending on the applicable retirement benefit system.

Severance-pay regulations can apply to workplaces with fewer than five employees. Workplace size alone does not determine eligibility.

As a general rule, severance pay must be paid within 14 days after employment ends, unless an extension is agreed upon due to special circumstances.

Official law: Employee Retirement Benefit Security Act

What to Do If Your Employer Does Not Pay Your Wages

If your employer fails to pay your wages or your actual working conditions differ from those agreed upon, you may seek assistance from the Ministry of Employment and Labor.

You can request advice or file a complaint with the relevant labor office.

It is helpful to keep the following documents:

• Employment contract
• Wage statements
• Attendance and working-hour records
• Bank statements showing wage payments
• Work-related messages exchanged with your employer

Under Korean labor law, employers must generally settle outstanding wages and other payable amounts within 14 days after employment ends.

The deadline may be extended by agreement between the parties when special circumstances exist.

For wage disputes or other labor-related issues, contact the Ministry of Employment and Labor.

Ministry of Employment and Labor Hotline: 1350

Official website: https://www.moel.go.kr/

Online labor services: https://labor.moel.go.kr/

Required documents and complaint procedures may differ depending on the circumstances.

Work Eligibility and Visa Requirements for Foreign Nationals

Korean labor laws and immigration regulations address different aspects of employment.

Whether a foreign national is permitted to work in Korea depends on their immigration status and the activities authorized under that status.

Not every visa allows unrestricted employment.

Some visa categories restrict the industries, occupations, or employers for which a foreign national may work. Certain activities may require separate permission.

Before starting a job or changing employers, foreign nationals should check whether their immigration status permits the intended employment.

Working without the required authorization may result in immigration-related consequences.

For questions about visas, employment eligibility, immigration status, or workplace changes, contact the Korea Immigration Contact Center.

Korea Immigration Contact Center: 1345

Official legal information: https://www.easylaw.go.kr/

Frequently Asked Questions About Korean Labor Laws

Can foreign workers receive severance pay in Korea?

Yes. Foreign employees who meet the statutory requirements may qualify for retirement benefits.

Eligibility depends on the nature of the employment relationship, length of service, working hours, and the applicable retirement benefit system.

Do part-time workers qualify for weekly holiday pay?

Yes. Part-time employees may qualify if they meet the statutory requirements.

Generally, scheduled working hours and attendance during the relevant week must be considered.

Do Korean labor laws apply to workplaces with fewer than five employees?

Yes. Several important protections, including minimum wage, certain employment-contract obligations, paid weekly rest days, and retirement benefits, also apply to small workplaces.

However, not every provision of the Labor Standards Act applies equally.

For example, statutory overtime premium pay and annual paid leave generally do not apply in the same way to workplaces with fewer than five employees.

What should I do if my employer does not pay my salary?

You can contact the Ministry of Employment and Labor at 1350 or check the Labor Portal for information about filing a complaint.

It is helpful to prepare your employment contract, wage statements, and working-hour records.

Final Thoughts

If you are planning to work in Korea, understanding basic employment rights and working conditions is important.

Minimum wage, working hours, paid holidays, annual leave, and severance pay can all affect your employment experience.

However, Korean labor regulations may apply differently depending on workplace size, working hours, and employment arrangements.

Before accepting a job, carefully review your employment contract and keep records of wages and working hours.

If a labor-related problem occurs, I recommend contacting the relevant government authority for guidance.

Disclaimer

I am an ordinary office worker living and working in Korea, not a legal professional.

This article has been prepared to provide general information about employment in Korea based on relevant laws and publicly available government sources.

It does not constitute legal advice or a legal determination concerning individual circumstances. To the extent permitted by applicable law, I do not accept liability for consequences arising from the use or application of the information provided in this article.

For questions about specific employment conditions or individual cases, please consult the relevant laws and seek guidance from the appropriate government authorities or qualified legal professionals.

If you have additional questions about working in Korea or would like to learn more about topics that can be verified through publicly available information, please feel free to contact me.

I will do my best to respond within the scope of what I can reliably verify.

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