Labor Law Q&A details

Chapter 1 Employment Relations

What are the prerequisites for a person to enter into an employment contract under local law (e.g. work permit, nationality, minimum age, military service, etc.)? Should / can an employer require a police-issued 'Certificate of good conduct' from the prospective employee? And are these conditions different for non-nationals?

Article 64(1) (Minimum Age and Employment Permit Certificate), Labor Standards Act, as last amended by Act No. 10339, Jun. 4, 2010

A minor under the age of 15 (including any minor under the age of 18 who attends a middle school under the Elementary and Secondary Education Act) shall not be employed at any work: Provided, That this shall not apply to a person with an employment permit certificate issued by the Minister of Employment and Labor according to the standards prescribed by Presidential Decree.

There’s no compulsory military service.

Besides to public servants and workers at a bank, an employer cannot ask an employee for a police-issued ‘certificate of good conduct’ except cases stated in the Article 6(1) of Act on the Lapse of Criminal Sentences.

Regarding non-nationals, all non-nationals shall obtain the status of stay that entitles him/her to engage in job-seeking activities in order to engage in employment.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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