Downloadable FAQ on Korean Employment Law for Employers
by Brendon Carr
My associate Sun-Hee Kim and I prepared, and the Practical Law Company has recently published, the Korea chapter to Employment Law 2007/08 in their PLC Global Counsel Handbooks series. We provide short, to-the-point answers to more than 30 (31, really) of the most commonly-asked questions on Korean employment law from the perspective of employers.
The Handbook will be distributed in print form at the 2007 Annual Conference of the International Bar Association in Singapore next week (14-19 October 2007), where my partner Doil Son and I will be in attendance. I’m going to be speaking on some panels including the employment law committee’s panel on Monday.
It’s a FREE download, and probably will answer something you haven’t had answered yet, so why not take a look?
Click here to download the chapter (Adobe Acrobat PDF, 119Kb).
Comments
5 Responses to This Entry
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Korea Law Blog is brought to you by Brendon Carr, an American lawyer working as a foreign legal consultant for more than 10 years in Seoul. (Brendon is not admitted as an attorney in Korea. But you knew that.)
I read the report. There is a lot of good information there. One thing that I was confused by was on question 11. This is a relatively new law only passed in 2006. I’ve been at my school since Feb 2004 and am in my 2nd contract that ends Feb 2008. Would the school therefore have to make me a permanent employee at that time since i have worked a total of 4 years. “Once the two-year threshold is passed...” is a bit confusing to me here. It would seem to suggest that I have to wait until 2 years after the law was passed.
The other question was about the Employment of Foreign Workers Act of 2003...it says that employers must try to hire a Korean first. Recently I read about a law to be passed in November preventing discrimination against people on the basis of Nationality, would the new law have any effect on the previous rules?
Great stuff, Brendon. Timely too, as I go on my 3 months maternity leave TODAY, and the rules my company are quoting me are no where near as generous as what this document lays out. Ooh, you’re giving a dangerous mama bear something to sharpen her claws on…
Regarding the proposed amendments for childcare leave - any idea how long that might take to go through? Any odds on it?
I’d really LOVE to negotiate a few days off here and there, or even reduced hours - I know for a fact that I could still get the same work done in 5 hours instead of 9, but I’d be willing to reduce my pay to get it. I just want to pick the right fight going back.
Thanks!
C
E7 Visa soon-to-be-working Mom (and only foreigner) at well-known Korean company.
If you have a particular legal issue, reliance on the capsule summary offered within that FAQ may be a mistake. Its intention is to highlight issues from a top-level perspective. There is a lot of detail behind those capsule explanations and it’s advisable to get a more detailed explanation before you go into battle.
fencerider, with respect to the Anti-Discrimination Act, I have a draft of the new law and am working on a detailed summary—hopefully I’ll have time to finish it before the Act is passed!
I would love to see that when you are finished if you don’t mind sending it along to the email address I provided above. I really wonder if it has any teeth because if so, combined with the soon-to-be nosediving economy it could turn out to be the biggest news of the year. I’m already plotting the places to go after, starting with the ministry of justice over the uslessness of the foreign ID numbers and the Korean credit reporting companies about their lack of reporting on foreigners with credit. Then maybe i’ll see about tenure.