Employer of Record (EOR) in
South Korea
Ready to employ talent in South Korea?
Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in South Korea to stay compliant from day one.

Language(s)

Currency

Capital
Seoul

Population
51.6 M

Public holidays
15 (up to 19 with substitutes)

VAT
10%
Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in South Korea to stay compliant from day one.
DEFAULT
Indefinite contract
The indefinite (regular/open-ended) employment contract is the standard and default form of employment in South Korea. It must be documented in writing and specify wages, working hours, holidays, annual leave, and place/nature of work (Labor Standards Act, Article 17). Indefinite-term employees receive full statutory dismissal protection: an employer may only terminate for 'justifiable cause' and must follow the applicable notice and, where relevant, consultation procedures.
Fixed-term contracts are permitted under the Act on the Protection, etc. of Fixed-Term and Part-Time Employees. If a fixed-term employee's total period of employment (including renewals) exceeds 2 years, the employee is deemed to hold an indefinite-term (regular) contract by operation of law, with corresponding dismissal protections. Exceptions allowing longer fixed terms exist for project-based work with a defined completion date, replacement of employees on leave, re-employed retirees over statutory retirement age, holders of specified professional qualifications/PhDs, and government-designated projects.
Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in South Korea to stay compliant from day one.
The statutory standard is 8 hours per day and 40 hours per week (Labor Standards Act, Article 50). With the employee's consent, overtime of up to 12 additional hours per week is allowed, bringing the maximum to 52 hours per week (some SMEs have conditional extensions). Overtime, night work (10pm-6am), and holiday work are paid at a 50% premium (150% of ordinary wage); holiday work exceeding 8 hours in a day is paid at a 100% premium (200%).
PROBATION PERIOD
3 months max
Korean law does not fix a mandatory probation length, but 3 months is customary and is the threshold used in several statutory provisions. Employers may pay 90% of the minimum wage during the first 3 months of employment, but only where the employment contract term is 1 year or longer, and this reduction does not apply to certain 'simple labor' occupations designated by Presidential Decree, who must be paid full minimum wage from day one. Employees with less than 3 months of continuous service are exempt from the 30-day dismissal notice requirement, but dismissal must still be for justifiable cause once the employment relationship has begun (per prevailing case law/administrative interpretation), so probation does not amount to at-will employment.
13TH / 14TH SALARY

Not Required
South Korean labor law does not require a statutory 13th or 14th month salary. However, discretionary bonuses tied to Seollal (Lunar New Year) and Chuseok (Korean Thanksgiving), as well as performance/year-end bonuses, are extremely common, particularly at larger conglomerates (chaebols), and are often built into the total annual compensation package by contract or company policy rather than by law.
JOB TITLE REGULATIONS

Regulated
There is no general statutory regime restricting job titles for domestic hires in the private sector; employers have discretion over internal titling. However, for foreign employees on work visas (e.g., E-7 specialist visas), the job title and duties must correspond to the occupational classification code registered with, and approved by, the Ministry of Justice/immigration authorities, and mismatches can jeopardize visa validity.
Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in South Korea to stay compliant from day one.
Combined statutory employer contribution rate is approximately 11.44% of gross salary for 2026: National Pension 4.75%, National Health Insurance 3.595%, Long-Term Care Insurance ~0.47% (calculated as 13.14% of the NHI premium), Employment Insurance 1.15% (rising to 1.75% for larger/priority categories of employer), and Industrial Accident Compensation Insurance, which is employer-paid only and ranges from about 0.6% to 18.6% depending on industry risk classification (2026 average 1.47%, frozen for a third consecutive year). This figure excludes discretionary bonus/13th-month payments and statutory severance pay, which is not an ongoing contribution rate.
Combined statutory employee contribution rate is approximately 9.72% of gross salary for 2026: National Pension 4.75%, National Health Insurance 3.595%, Long-Term Care Insurance ~0.47%, and Employment Insurance 0.9%. Employees do not contribute to Industrial Accident Compensation Insurance, which is fully employer-funded. These amounts are withheld by the employer alongside progressive personal income tax and local (resident) income tax surcharges.
The rates and figures above reflect general statutory contribution rates and tax rules in effect for 2026 as publicly reported at the time of writing. Employment Insurance and Industrial Accident Insurance rates vary by company size and industry risk classification, and National Pension contributions are scheduled to increase gradually each year through 2033 under recent pension reform legislation. This information is provided for general guidance only, does not constitute legal or tax advice, and should be verified against current National Pension Service (NPS), National Health Insurance Service (NHIS), Korea Workers' Compensation & Welfare Service (KCOMWEL), and Ministry of Employment and Labor (MOEL) publications, or confirmed with qualified local counsel, before being relied upon.
Employer of Record cost calculator
Found talent in another location outside your home base? Know the potential cost using RemoFirst before you commit. Use our calculator to get instant, country-specific employee cost estimates in 185+ countries.
*This calculator provides reliable estimates based on up-to-date local data. While it's not a final EOR quote, it gives you a strong benchmark for planning.
Calculate your EOR costsHere's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in South Korea to stay compliant from day one.
Type
Duration
Pay During Leave
Sick leave (days 1-3)
None statutory
None statutory
None statutory
1 day per month, unpaid, upon employee request (Labor Standards Act, Article 73)
Menstrual Leave
Up to 90 days per year (minimum 30-day blocks), generally unpaid by the employer, to care for a family member's illness, injury, accident, or old age, or for the employee's own infertility treatment/childcare needs
Family Care Leave
5 to 90 days depending on the length of the pregnancy at the time of loss (extended in February 2025, e.g. 10 days for pregnancy loss before 15 weeks), paid similarly to maternity leave
Miscarriage/Stillbirth Leave
Paid leave for the statutory duration of mandatory reservist military or civil defense training call-ups (typically several days per year); employers must grant the leave and the state reimburses lost wages
Reserve Forces / Civil Defense Training Leave
Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in South Korea to stay compliant from day one.
Statutory Benefits
In addition to statutory leave, employees are entitled to the following statutory benefits:
South Korea's social insurance system (4대 보험) has four mandatory pillars, all shared between employer and employee except Industrial Accident Insurance, which is employer-only:
- National Pension (국민연금): 9.5% of standard monthly income total for 2026, split 4.75% employer / 4.75% employee. The total rate is scheduled to rise by 0.5 percentage points annually, reaching 13% by 2033 under the 2025 pension reform.
- National Health Insurance (건강보험): 7.19% of monthly wage for 2026, split 3.595% employer / 3.595% employee.
- Long-Term Care Insurance (노인장기요양보험): Calculated as 13.14% of the National Health Insurance premium for 2026 (approx. 0.94% of wages total), split equally between employer and employee.
- Employment Insurance (고용보험): Unemployment benefit portion is 0.9% employer / 0.9% employee; employers additionally pay an Employment Stability and Job Skills Development levy of 0.25%-0.85% depending on company size, bringing total employer Employment Insurance cost to roughly 1.15%-1.75%.
Contributions are calculated on standard monthly wage (capped) and remitted jointly by the employer each month.
WORKPLACE INJURY PROTECTION
Industrial Accident Compensation Insurance (산재보험) is a mandatory, no-fault insurance scheme covering nearly all businesses with at least 1 employee.
- Funded entirely by the employer — employees contribute nothing.
- The premium rate is set annually by industry risk classification and ranges from about 0.6% to 18.6% of payroll; the average rate has been held at 1.47% for 2026 (frozen for a third consecutive year).
- Covers medical treatment costs, temporary/permanent disability compensation, survivor benefits, and funeral expenses arising from work-related injury, illness, or death, including commuting accidents.
- Benefits are paid through the Korea Workers' Compensation & Welfare Service (KCOMWEL) and generally replace an injured employee's right to sue the employer directly for the same harm (subject to certain exceptions for employer negligence).
South Korea mandates a statutory retirement/severance allowance (퇴직금, toejikgeum) under the Employee Retirement Benefit Security Act.
- Applies to any employee (including foreign employees and, on a pro-rated basis, part-timers working 15+ hours/week on average) who has completed 1 year or more of continuous service.
- Minimum statutory amount is 30 days' average wage for every year of continuous service (pro-rated for partial years).
- 'Average wage' is generally the total wages paid in the 3 months immediately preceding the last day of employment, divided by the number of calendar days in that period.
- Must be paid within 14 days of the termination date, extendable by mutual agreement.
- Owed regardless of the reason for termination, including resignation, expiry of a fixed term, or dismissal (including for cause) — it is treated as deferred wages, not a penalty against the employer.
- Employers may satisfy this obligation via a lump-sum payment or by maintaining a Defined Benefit (DB) or Defined Contribution (DC) retirement pension plan of at least equivalent value, at the employer's or (for DC) by mutual election.
There is no statutory 13th or 14th month salary requirement in South Korea.
- Any additional bonus payments (e.g., Seollal/Chuseok holiday bonuses, year-end or performance bonuses) are a matter of individual employment contract, company policy, or collective bargaining agreement rather than law.
- Where promised in a contract or established as a regular custom, such bonuses can become a binding contractual/customary obligation, but they are not a nationwide legal mandate.
Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in South Korea to stay compliant from day one.
Unfair dismissal
Under the Labor Standards Act (Article 23), an employer may dismiss an employee only for 'justifiable cause' (정당한 이유) — at-will termination is not permitted for businesses with 5 or more employees. Justifiable cause generally requires serious misconduct, sustained poor performance despite warnings/support, or a valid business/economic reason, established and documented by the employer. Dismissal must also follow proper written notice procedures specifying the reason and timing of dismissal (Article 27); a dismissal notice given only verbally is invalid regardless of the underlying cause. An employee who believes a dismissal was unfair (substantively or procedurally) may file a claim with the regional Labor Relations Commission within 3 months of dismissal, and ultimately in the courts. Remedies can include reinstatement and back pay, or compensation in lieu of reinstatement. Dismissal based on protected characteristics (gender, pregnancy, union activity, whistleblowing, etc.) is separately prohibited and can carry additional penalties.
Objective / fair dismissal
Dismissals for economic/managerial reasons ('긴급한 경영상의 필요', collective/redundancy dismissal) are permitted only under strict conditions set out in Article 24 of the Labor Standards Act: an urgent managerial necessity must exist (e.g., genuine financial distress, restructuring, or transfer of business); anticipatory measures to avoid insolvency can qualify. The employer must make reasonable efforts to avoid dismissal first (e.g., reassignment, reduced hours, voluntary retirement programs). Employees to be dismissed must be selected using fair and reasonable criteria that do not unlawfully discriminate. The employer must consult in good faith with the labor union (or employee representatives if no union exists) at least 50 days before the dismissal date, and notify the Ministry of Employment and Labor if 10% or more of the workforce (or specified minimum numbers) will be dismissed. Employees dismissed for managerial reasons generally have a statutory right of preferential re-employment if the employer rehires for the same role within 3 years.
During probation
Employees under 3 months' service are exempt from the standard 30-day dismissal notice; a legitimate reason is still required, though courts apply a more lenient standard for probationary hires.
After probation
Once the probationary period ends (or once the employee passes 3 months of continuous service, if earlier), full statutory protections apply: dismissal requires justifiable cause under Article 23 of the Labor Standards Act; the employer must give 30 days' advance written notice of dismissal or pay 30 days' ordinary wages in lieu (Article 26); proper written notice of the reason and date of dismissal is required (Article 27); the employee gains the right to challenge an unfair dismissal before the Labor Relations Commission.
The termination, notice, and dismissal information above summarizes general provisions of South Korea's Labor Standards Act and related legislation as commonly reported by employment law practitioners. Actual notice obligations, dismissal standards, and procedural requirements can vary based on company size (e.g., the 'justifiable cause' requirement generally applies to businesses with 5 or more employees), the terms of an individual employment contract or applicable collective bargaining agreement, and case-by-case judicial interpretation. This is general information only, not legal advice, and should be confirmed with qualified Korean labor counsel before taking any employment action.
Content last reviewed Sep 2026. Employment laws change fast, always verify critical hiring decisions, and talk to our team of international experts.