📋 Sources: Korea Labor Standards Act (근로기준법), Employee Retirement Benefit Security Act, Ministry of Employment and Labor (MOEL) 2026, easylaw.go.kr
One of the most common situations foreign workers in Korea face: they don’t know their rights, and their employer takes advantage of that. Korean labor law applies equally to foreign workers and Korean nationals — your visa type does not reduce your entitlements. This guide covers the core rights every foreign worker needs to know.
📑 In this guide
- Korean Labor Law Applies to All Foreign Workers
- Minimum Wage 2026
- Working Hours and Overtime
- Severance Pay (퇴직금): How It Works
- Annual Leave (연차): How Many Days You’re Entitled To
- Weekly Holiday Pay (주휴수당)
- Employment Contract: What Must Be In It
- Dismissal Protection: When Firing Is Illegal
- Common Violations and What to Do
- Where to Get Help
40 hrs/week
Standard working hours
52 hrs max (incl. overtime)
KRW 10,320/hr
Minimum wage 2026
≈ KRW 2,157,000/month
15 days/year
Annual leave (after 1 year)
Up to 25 days with tenure
1 month/year
Severance pay
After 1+ year service
×1.5
Overtime rate
Night work & holidays too
30 days
Notice before dismissal
Or 1 month pay in lieu
1. Korean Labor Law Applies to All Foreign Workers
This is the most important thing to understand before anything else: Korean labor law applies equally to all employees working in Korea, regardless of nationality or visa status.
📋 Legal basis
The Korea Labor Standards Act (근로기준법) Article 6 explicitly prohibits discrimination in working conditions based on nationality. Whether you are on an E-7, E-2, E-9, H-2, D-10, or any other visa — your rights to minimum wage, overtime pay, annual leave, severance pay, and dismissal protection are identical to those of Korean employees doing the same work.
| Visa type | Full labor rights? | Notes |
|---|---|---|
| E-7 (Professional / Specialist) | ✅ Full rights | All Labor Standards Act protections apply |
| E-2 (English Teacher) | ✅ Full rights | Including severance, annual leave, overtime |
| E-9 (Non-Professional Employment) | ✅ Full rights | E-9 workers are among the most exploited — knowing rights is especially important |
| H-2 (Working Holiday / Visiting Employment) | ✅ Full rights | Applies from the first day of work |
| D-10 (Job Seeker) doing paid internship | ✅ Full rights | Any paid work triggers full labor protections |
| F-series (F-2, F-4, F-5, F-6) | ✅ Full rights | F-series holders have the broadest work rights |
2. Minimum Wage 2026
📋 Source: Ministry of Employment and Labor, effective January 1, 2026
| Item | 2026 figure | Change from 2025 |
|---|---|---|
| Hourly minimum wage | KRW 10,320/hour | +2.9% from KRW 10,030 |
| Daily minimum (8 hours) | KRW 82,560 | Standard 8-hour day |
| Monthly minimum (209 hours) | KRW 2,157,000 | Based on 40hr week + weekly holiday pay |
📌 What counts toward minimum wage — and what doesn’t
Meal allowances, transportation allowances, family allowances, and other separately paid allowances do NOT count toward the minimum wage calculation. Only base salary and regular fixed bonuses count. An employer who pays KRW 1,800,000 in base salary + KRW 400,000 in allowances is violating minimum wage law — the base salary itself must meet the minimum, not the total package.
3. Working Hours and Overtime
📋 Source: Labor Standards Act Articles 50, 53, 56 (근로기준법)
| Type | Legal limit / rate | Details |
|---|---|---|
| Standard hours | 8 hours/day, 40 hours/week | Standard working week. Any hours beyond this are overtime. |
| Maximum total hours | 52 hours/week maximum | Standard 40 + maximum 12 overtime hours. Applies to companies with 5+ employees. |
| Overtime rate | ×1.5 (50% premium) | Any hours worked beyond 40/week must be paid at 150% of your regular hourly rate. |
| Night work premium | ×1.5 | Work between 10:00 PM and 6:00 AM. Same 50% premium applies. If you work overtime AND at night, the premiums stack: ×2.0. |
| Holiday work premium | ×1.5 (up to 8 hours) / ×2.0 (over 8 hours) | Working on public holidays or contractual days off. First 8 hours at 1.5×, each hour beyond 8 at 2.0×. |
| Rest breaks | 30 min (4+ hrs work) / 60 min (8+ hrs work) | Breaks must be provided during working hours. Not counted as paid working time. |
💡 Overtime calculation example
Monthly salary KRW 3,000,000 (209 hours → hourly rate KRW 14,354)
You work 50 hours in a week (10 overtime hours):
Regular pay: 40 hours × KRW 14,354 = KRW 574,160
Overtime pay: 10 hours × KRW 14,354 × 1.5 = KRW 215,310
Total for that week: KRW 789,470 — not KRW 718,700
You work 50 hours in a week (10 overtime hours):
Regular pay: 40 hours × KRW 14,354 = KRW 574,160
Overtime pay: 10 hours × KRW 14,354 × 1.5 = KRW 215,310
Total for that week: KRW 789,470 — not KRW 718,700
4. Severance Pay (퇴직금): How It Works
📋 Source: Employee Retirement Benefit Security Act (근로자퇴직급여 보장법) Article 8
Severance pay (퇴직금) is one of the most valuable rights foreign workers in Korea often don’t know they have — or don’t claim when they leave.
| Item | Rule |
|---|---|
| Who qualifies | Any employee who has worked continuously for 1 year or more. Part-time workers who average 15+ hours/week over the year also qualify. |
| Amount | 30 days of average wage per year of service. Work 2 years → receive 2 months’ average wage. Work 3.5 years → receive 3.5 months’ average wage. |
| Trigger | Any termination of employment: resignation, dismissal, contract expiry, company closure. You receive severance regardless of how you leave. |
| Payment deadline | Employer must pay within 14 days of employment termination. Late payment triggers an interest penalty. |
| Average wage basis | Calculated using the average daily wage from the last 3 months of employment (total wages ÷ 90 days). Includes regular salary, fixed overtime, and regular bonuses. |
Severance pay calculation
Example: 2 years and 6 months of service, monthly salary KRW 3,500,000
Average daily wage (KRW 3,500,000 × 3 months ÷ 90 days)KRW 116,667/day
30-day unit severanceKRW 116,667 × 30 = KRW 3,500,000
Service period multiplier (2.5 years)× 2.5
Total severance payKRW 8,750,000
⚠️ The most common severance violation against foreigners
Some employers tell foreign workers “you don’t get severance because you resigned” or “your visa type doesn’t qualify.” Both are false. Under Korean law, voluntary resignation qualifies for severance pay if you worked 1+ year — and your visa type is irrelevant. If your employer refuses to pay severance, file a complaint with the Ministry of Employment and Labor (고용노동부) at the 1350 helpline.
5. Annual Leave (연차): How Many Days You’re Entitled To
📋 Source: Labor Standards Act Article 60 (근로기준법 제60조)
Year 111 days*
Year 215 days
Year 316 days
Year 517 days
Year 718 days
Year 9+19 days+
Max25 days
* During your first year: 1 day of paid leave for each completed month worked (up to 11 days). These are deducted from your 15-day Year 2 entitlement if used.
| Rule | Details |
|---|---|
| Base entitlement | 15 paid days per year after 1 full year of employment (80%+ attendance required) |
| Increase rate | 1 additional day for every 2 years beyond the first — up to a maximum of 25 days |
| Unused leave | Unused annual leave must be paid out in cash at resignation or contract end. Employers cannot simply cancel unused leave without payment. |
| Timing | You choose when to take leave (within reasonable constraints). Employer can request a schedule change for business reasons but cannot deny leave entirely. |
| Public holidays | Korea has 16 public holidays per year. These are separate from annual leave — employers cannot deduct from your 연차 when public holidays fall on working days. |
6. Weekly Holiday Pay (주휴수당)
주휴수당 is a uniquely Korean labor right that many foreigners — and even some Korean workers — don’t know about. It’s effectively a paid day off for every week you complete.
| Item | Rule |
|---|---|
| What it is | One paid rest day per week for any employee who works the full scheduled week. Most commonly Sunday. |
| Who qualifies | Any employee who works 15+ hours per week and completes their full scheduled weekly hours |
| Amount | 8 hours of pay at your regular hourly rate — added on top of your weekly earned wages |
| Why it matters for minimum wage | The monthly minimum wage of KRW 2,157,000 already includes 주휴수당 (209 hours = 174 working hours + 35 hours of weekly holiday pay). This is why 209 hours is used instead of 173 hours for the monthly calculation. |
| Part-time workers | Part-time workers working 15+ hours/week are entitled to proportional 주휴수당 |
7. Employment Contract: What Must Be In It
📋 Source: Labor Standards Act Article 17 (근로기준법 제17조)
Your employer is legally required to provide you with a written employment contract. The contract must include:
- Wage: Amount, calculation method, and payment date
- Working hours: Start/end times and rest break duration
- Holidays: Which days are paid holidays
- Annual leave: Number of days and conditions
- Location and type of work
⚠️ Two critical contract rules foreigners often face
- Korean contracts only: Some employers present contracts only in Korean. You have the right to request an English-language copy or have the contract explained. Sign only when you understand what you’re agreeing to.
- Contract terms cannot go below statutory minimums: Even if you signed a contract agreeing to less than minimum wage, less overtime pay, or waiving severance — those provisions are illegal and unenforceable. The law protects you even if you signed it.
8. Dismissal Protection: When Firing Is Illegal
📋 Source: Labor Standards Act Article 23 (근로기준법 제23조)
| Item | Rule |
|---|---|
| Just cause required | An employer cannot dismiss an employee without “justifiable reason” — poor performance must be documented, misconduct must be proven. Arbitrary dismissal is illegal. |
| 30-day notice requirement | Employer must give at least 30 days’ written notice before dismissal. If they fail to give notice, they must pay 30 days’ wages in lieu of notice. |
| Protection during leave | Dismissal during maternity leave, sick leave due to work injury, or similar protected periods is absolutely prohibited — even with cause. |
| Applies from 3 months | Dismissal protection applies to employees who have worked for 3+ months continuously. The first 3 months are a trial period with reduced protection. |
| What to do if wrongfully dismissed | File an unfair dismissal complaint with the Labor Relations Commission (노동위원회) within 3 months of dismissal. Reinstatement or back pay can be ordered. |
9. Common Violations and What to Do
| Violation | What you can do |
|---|---|
| Wages not paid or paid late | File a wage claim (임금 체불 진정) at your local 고용노동부 (Ministry of Employment and Labor) office. Free to file. The government can order payment and impose criminal penalties on the employer. |
| Severance pay refused | Same — file at 고용노동부. Mention the specific law: Employee Retirement Benefit Security Act Article 8. Employer is liable for the full amount + late interest penalty. |
| No overtime pay despite working over 40 hours | Collect evidence: timesheets, punch-in records, work app logs, emails sent after hours. File at 고용노동부. Back pay for up to 3 years can be recovered. |
| Annual leave denied or not paid out | Same as above. Request your attendance records and calculate unused days owed. |
| Dismissed without notice or justification | File an unfair dismissal (부당해고) complaint at the Labor Relations Commission (노동위원회) within 3 months of dismissal date. |
| Employer threatens visa cancellation if you complain | This is illegal coercion. Filing a labor complaint does not automatically trigger a visa review. Your immigration status is protected when you file labor complaints in good faith. Contact the Seoul Global Center or a labor attorney for guidance. |
10. Where to Get Help
📞 Ministry of Employment and Labor
File wage complaints, overtime claims, contract disputes. English language support available.
Hotline: 1350 (Korean) | moel.go.kr🏛️ Labor Relations Commission
Unfair dismissal complaints. Free to file. Can order reinstatement or back pay.
nlrc.go.kr | Local branches nationwide🌍 Seoul Global Center
Free multilingual labor counseling for foreigners. English, Chinese, Vietnamese, and more. Does not share information with immigration.
Tel: 02-2075-4180 | seoulforeigner.or.kr📱 Foreign Worker Support Center
Operated by MOEL specifically for foreign workers. Handles labor rights complaints, wage claims, and workplace disputes in multiple languages.
Hotline: 1644-0644 (multilingual)⚖️ Legal Aid Corporation (대한법률구조공단)
Free legal aid for low-income workers. Can represent you in court for wage disputes and unfair dismissal cases.
132 | klac.or.kr📋 easylaw.go.kr
Korea’s official plain-language legal information site. Foreign worker sections available in 12 languages. Look up your specific situation.
easylaw.go.kr (English available)
✅ Your rights — quick reference
- Minimum wage: KRW 10,320/hour (2026) — cannot be waived by contract
- Max hours: 52 hours/week — overtime at 1.5× rate above 40 hours
- Night work (10PM–6AM) and holidays: 1.5× rate
- Severance pay: 1 month per year worked — paid within 14 days of leaving
- Annual leave: 15 days after 1 year, up to 25 days. Unused leave paid out in cash.
- Dismissal: requires just cause, 30 days’ notice or 1 month pay in lieu
- Your visa type does NOT reduce any of these rights
- Help: 고용노동부 (1350), Seoul Global Center (02-2075-4180), Foreign Worker Support (1644-0644)
Related: Korea Salary Guide 2026: What to Expect by Industry →
Related: Korea Health Insurance for Foreign Workers →
Related: Korea Income Tax and 연말정산 for Foreigners →
Disclaimer: This guide summarizes key provisions of Korean labor law as of 2026, based on the Labor Standards Act, Employee Retirement Benefit Security Act, and Ministry of Employment and Labor guidelines. Labor law provisions and thresholds are subject to amendment. This guide does not constitute legal advice. For your specific situation, contact the Ministry of Employment and Labor (1350), the Seoul Global Center, or a licensed Korean labor attorney (노무사).