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Services For Foreign Employees

The Supreme Court of Korea has ruled that the Korean Labor Act applies to ALL laborers in Korea. In most Western Countries issues that arise between employee and employer are ultimately  settled in Civil Court, in Korea they are rarely settled in Civil Court.  Korea has specialized Legal systems to deal with  Labor Law.

The system is quick, efficient and effective.  The judgments can include cash settlements to employees and imprisonment or fines for employers who repeatedly violate the Law.  The system is composed of two  bodies: the Labor Office and the Labor Commission.

The Labor Office deals with about 80% of most cases and the judgments are based upon the evidence presented, the Labor Commission is the “Labor Court”.  The Labor Commission deals with complicated issues, such as unfair dismissal and the like, while the Labor Office addresses employer violations such as unpaid wages, unlawful deductions, etc.  The  Labor Office usually takes 7 weeks to make a judgment, the Labor Commission usually takes about 3 months.

Foreign workers usually have a hard time finding legal council and if they can, additional difficulties arise from the differences between the business culture of Korean Law Firms and Western Law Firms.  Most foreigners believe that they can't pursue their case because their visa will expire, but during the legal proceedings foreign workers can receive a “G” Visa that will enable them to remain in Korea while their case is in the court.  The other option is for foreign workers is to assign the Power of Attorney to their Labor Attorney.  The settlement that comes from the case can be sent to the employee's bank account any where is the world.  The Statute of Limitations for all cases related to the Labor Commission is 3 months, but for the Labor Office it is 3 years and the employee can initiate action against the employer regardless of where they are living at that time.

Most foreign workers are under the misguided understanding the if they pursue legal action against their employer that the will be immediately deported. While the Employer has the legal right to stop sponsoring the foreign workers VISA a Law Firm in Korea and sponsor a G-3 VISA which will allow the foreign worker to remain in Korea while the legal dispute is in the courts of Korea.

A rumor is circulating in the Foreign worker community that if legal action is pursued that the Foreign worker will not be allowed to re-enter Korea: that is untrue.

The Labor Commission does not share the details, ruling, or even the filing of the cases brought before it with the Department of Immigration. Additionally, the Department of Immigration does not care. In the case where a new VISA has been denied it is due to a private citizen of Korea filing a complaint with the Department of Immigration. The Department of Immigration usually does not validate the complaint of a private Korean Citizen due to the fact that it would be a Civil Law issue and that is outside the scope of their legal mandate. In the case where the foreign worker has violated the laws of Korea a new VISA will not be issued.

We provide a free initial consultation service and most times what people need is a little knowledge, some understanding and little peace in their life. While there is considerable misinformation circulating on various forms and blogs, the Laws of Korea do protect Foreign Workers. If you are a Foreign worker and would like to make an inquire please do so. The worst that can happen is you find you have nothing to worry aobut.Our firm provides the following services to labors in Korea: Foreign & Korean alike:

We provide the following services for Foreign Workers in Korea:

For Foreign Worker Labor issues and service in English please contact us.