Foreign Worker Rights in Korea

Korean Labor Law Applies Equally to Foreigners

One of the most important things to understand as a foreign worker in Korea is that Korean labor law protects you equally. The Labor Standards Act (근로기준법), Minimum Wage Act (최저임금법), Industrial Accident Compensation Insurance Act, and all related labor regulations apply to every worker in Korea regardless of nationality, visa status, or employment type.

This means your employer cannot offer you worse conditions than Korean employees simply because you are a foreigner. If your employer tells you that "the rules are different for foreigners," they are wrong. Any employment contract clause that provides conditions below the legal minimum is automatically void, even if you signed it.

2026 Minimum Wage

The 2026 minimum wage is 10,030 KRW per hour, set by the Minimum Wage Commission. Here is how it translates to different pay periods:

The 209 monthly hours include 40 working hours per week plus 8 hours of paid weekly holiday (주휴시간), averaged over a month: (40 + 8) x (365 / 7) / 12 = 209 hours.

Standard Working Hours

Korean labor law sets the standard working week at 40 hours (8 hours per day, 5 days per week). The maximum extended (overtime) working hours are 12 hours per week, making the absolute maximum 52 hours per week. This 52-hour cap was a major reform and is strictly enforced with significant penalties for violations.

Rest periods: For every 4 hours of work, you are entitled to at least a 30-minute break. For 8 hours of work, you must receive at least a 1-hour break. These break periods are generally unpaid and do not count as working hours unless your employer requires you to remain on-call during breaks.

Overtime and Holiday Pay Rates

Any work beyond the standard hours must be compensated at premium rates:

These premium rates are cumulative. For example, if you work overtime during a night shift on a public holiday, the rates stack. Your employer cannot substitute overtime pay with compensatory time off unless you both agree to it.

Annual Leave (연차 / Yeoncha)

All employees are entitled to paid annual leave under Korean law. The system works as follows:

• First year: You earn 1 day of paid leave for each month of perfect attendance, up to 11 days maximum during your first year.
• After 1 year: You receive 15 days of annual paid leave.
• After 3+ years: You gain 1 additional day for every 2 years of service beyond the first year, up to a maximum of 25 days.

If you do not use your annual leave within the year, your employer must either allow you to carry it over or pay you for the unused days (미사용 연차수당). Many employers encourage using leave rather than paying it out. Your employer cannot unilaterally force you to use annual leave on specific dates without your consent, except in limited circumstances.

Weekly Holiday Pay (주휴수당)

Weekly holiday pay is a concept unique to Korean labor law that often confuses foreign workers. If you work 15 or more hours per week and fulfill your contractual working days for the week, you are entitled to one paid day offper week. This is the "weekly holiday" (주휴일).

For full-time salaried workers, weekly holiday pay is already built into the monthly salary (which is why the monthly calculation uses 209 hours instead of 174). However, for hourly or part-time workers, weekly holiday pay should be calculated and paid separately on top of your hourly wage. If you work 20 hours across 5 days, you are owed 4 additional hours of weekly holiday pay. Many part-time foreign workers are unaware of this right and miss out on significant income.

Parental Leave and Other Protections

Foreign workers in Korea have access to the same family-related leave benefits as Korean citizens:

• Maternity leave: 90 days of paid leave (120 days for multiple births), with at least 45 days taken after delivery
• Parental leave: Up to 1 year per child (for children under age 8 or in 2nd grade or below). Available to both mothers and fathers.
• Paternity leave: 10 days of paid leave within 90 days of the child's birth
• Family care leave: Up to 10 days per year for caring for family members with illness or injury

What to Do If Your Rights Are Violated

If your employer is violating labor law -- not paying minimum wage, refusing overtime pay, denying annual leave, or engaging in discrimination -- you have several options:

You can also visit your local labor office (고용노동부 지방관서) in person to file a complaint. Bring your employment contract, pay stubs, and any evidence of violations. The process is free. Use our Salary Calculator to verify that your pay meets legal minimums, and our Severance Calculator to check your severance entitlement.

Frequently Asked Questions