Republic
of Korea

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2022 Score

81

Score Increase

2020 Score

75.5

Rating

Approaching
Decent Work

Fair
Wages

80

Decent
Working Hours

80

Employment
Security

100

Family
Responsibilities

100

Maternity
at Work

80

Safe
Work

100

Social
Security

60

Fair
Treatment

60

Child &
Forced Labour

100

Trade
Union

50

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?Yes1§ 4-11 of the Minimum Wage Act, 1986
Does the law require regular payment of wages?Yes1§02, 08, 10, 28 & 31 of the Minimum Wage Act, 1986; §2(1), 43(1 & 2) & 45 of the Labour Standards Act, 1997
Does the law require overtime compensation be at least 125% of the regular hourly rate?Yes1§56 of the Labour Standards Act, 1997
Does the law require additional compensation for working on a weekly rest day?No0§56 of the Labour Standards Act, 1997
Does the law require additional compensation for night work?Yes1§56 & 57 of the Labour Standards Act, 1997

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§50-53, 57 and 59 of the Labour Standards Act, 1997
Does the law restrict maximum working hours including overtime to 56 hours per week?Yes1§53(1) of the Labour Standards Act, 1997
Does the law require a weekly rest of at least 24 hours?Yes1§55 of the Labour Standards Act, 1997
Does the law require paid public holidays?Yes1§55 of the Labour Standards Act, 1997; Establishment of Labour Day Act, 1994
Does the law require at least three working weeks of paid annual leave?No0§60-62 of the Labour Standards Act, 1997; §33 of the Enforcement Decree of the Labour Standards Act 1997

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§17 of the Labour Standards Act, 1997
Does the law restrict the hiring of fixed-term contract workers?Yes1§17 of the Labour Standards Act,1997
Does the law limit the length of probation period including renewals to a maximum of 3 months?Yes1§16 of the Enforcement Decree of the Labour Standards Act; §77 of the Labour Standards Act, 1997
Does the law require a 30-day notice before contract termination?Yes1§23-30 & 35 of the Labour Standards Act, 1997
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?Yes1§02 & 08-12 of the Employee Retirement Benefit Security Act No. 7379, 2005

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?Yes1§19(1 & 2) of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987
Does the law require at least one week of paid paternity leave for fathers?Yes1§18(2) of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987
Does the law require flexible work arrangements for workers with family responsibilities?Yes1§19-1, 19-2 & 22(3) of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987
Does the law require paid nursing breaks?Yes1§75 of the Labour Standard Act, 1997; §44(2) & (3) of the Infant Care Act, 2016

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§2 & 7 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, 2016
Does the law require paid maternity leave of at least 14 weeks?No0§74(1-4) of the Labour Standard Act, 1997; §43 of the Enfor. Decree of the Labour Standards Act, 1997
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§74(1-4) of the Labour Standard Act, 1997; §18 of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?Yes1§74(1-4) of the Labour Standard Act, 1997; §18 of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987
Does the law protect workers from dismissals during or on account of pregnancy?Yes1§23(2) of the Labour Standard Act, 1997

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§32 (1 & 2), 33 (1) of the Ordinance of the Occupational Safety and Health Standards, 1981
Does the law require the employer to train workers on health and safety issues?Yes1§31 (1) of the Ordinance of the Occupational Safety and Health Standards, 1981
Does the law restrict work that is prejudicial to the health of the mother or the child?Yes1§65 & 74(7 & 8) of the Labour Standard Act, 1997
Does the law provide for employment injury benefit?Yes1§36-94 of the Industrial Accident Compensation Insurance Act, 1963; ISSA Country Profile for Republic of Korea

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?No0§61 of the National Pension Act, 1986; Basic (old-age) Pension Act, 2007; ISSA Country Profile for Republic of Korea
Does the law provide for a dependants'/survivors' pension?Yes1National Pension Act, 1986; ISSA Country Profile for Republic of Korea
Does the law provide for unemployment benefit?Yes1§37-69 of the Employment Insurance Act 1993; ISSA Country Profile for Republic of Korea
Does the law require paid sick leave for the first 6 months of sickness?No0§41-2 of the Act on Prevention and Management of Contagious Disease, 2009
Does the law provide for invalidity benefit?Yes1National Pension Act, 1986; ISSA Country Profile for Republic of Korea

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§8(1 & 2) & 37(2) of the Equal Employment and Support for Work-Family Reconciliation Act, 1987
Does the law prohibit sexual harassment in employment?Yes1§2 & 12-14 & 37(2) of the Equal Employment and Support for Work-Family Reconciliation Act, 1987
Does the law prohibit discrimination in employment matters?No0§7-11 & 37 (1), Equal Employment and Support for Work-Family Reconciliation Act 1987; §6 & 114, Labour Standards Act, 1997
Does the law allow women to do the same jobs as men?No0§11,15 & 32 of the Constitution, 1948; §65 & 72 of the Labour Standards Act, 1997
Does the law guarantee basic labour protections for gig economy workers?Yes1National Pension Act, 1986; ISSA Country Profile for Republic of Korea

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§64-70 of the Labour Standards Act No. 5309, 1997
Does the law set employment entry age equal to or higher than the compulsory schooling age?Yes1§8 of the Framework Act on Education, 1997; §12-13 of the Elementary and Secondary Education Act, 1997
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1Labour Standards Act No. 5309 of 1997; Juvenile Protection Act 1997
Does the law prohibit forced labour?Yes1§7 & 8 of the Labour Standards Act No. 5309, 1997; §289-292 of the Criminal Act, 1953

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?No0§33, Constitution 1948; §2, 5 & 10-28, Trade Union and Labour Relations Adjustment Act No. 5310, 1997
Does the law allow workers to bargain collectively with employers through their representative unions?Yes1§33, Constitution 1948; §29-36, Trade Union and Labour Relations Adjustment Act No. 5310 of 1997
Does the law provide for the right to strike?No0§33, Constitution 1948; §37-46 & 71, Trade Union and Labour Relations Adjustment Act No. 5310, 1997
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1§33 of the Constitution, 1948; §43 of the Trade Union and Labour Relations Adjustment Act No. 5310, 1997