Is My Employment Contract Legal? Key Checks for Foreign Workers in Korea

1. ·[Labor Standards Act Art. 15①] Any employment contract clause that falls below the minimum standards set by the Labor Standards Act is void — but only that specific clause, not the whole contract.
2. ·[Labor Standards Act Art. 15②] The void clause is automatically replaced by the legal standard set in the Labor Standards Act — the worker receives the legal minimum even if the contract says less.
3. ·[Act on Foreign Workers' Employment Art. 9①] Employers hiring E-9 foreign workers MUST use the Standard Employment Contract form prescribed by Ministry of Employment and Labor regulations — using a non-standard form is a legal violation.
4. ·[Act on Foreign Workers' Employment Art. 9②] The employer may delegate the contract-signing process to the Human Resources Development Service of Korea (한국산업인력공단).
5. ·[Act on Foreign Workers' Employment Art. 9③] Employers with an employment permit and foreign workers may agree to conclude or renew the contract within the permitted working period under Article 18 of the same Act.

1. ·You are a foreign national currently working or about to start working in Korea under an employment contract.
2. ·For the Standard Employment Contract requirement (Art. 9): you must be an E-9 visa holder hired through the Employment Permit System (EPS).
3. ·For the automatic void clause rule (Art. 15): applies to ALL workers in Korea regardless of visa type — any contract term below the Labor Standards Act minimum is affected.
4. ·If you are under 18: additional written disclosure requirements apply (Labor Standards Act Art. 67③).

1. 1Step 1 — Get a copy of your contract: You are entitled to receive a written copy of your employment contract. If your employer has not given you one, request it immediately in writing.
2. 2Step 2 — Check the contract type: If you are on E-9 visa, confirm the contract uses the official Standard Employment Contract form (표준근로계약서). If not, this may be a legal violation — report to the labor office.
3. 3Step 3 — Compare key terms against the law: Check working hours, wages, rest days, holidays, and other conditions against the Labor Standards Act minimums. Any clause below the legal minimum is automatically void.
4. 4Step 4 — Use free government support: Call 1350 (Ministry of Employment and Labor helpline, multilingual) for free guidance. You can also visit your nearest Local Employment and Labor Office (고용노동부 지청) in person.
5. 5Step 5 — If a problem is found: File a complaint (진정) at the Local Employment and Labor Office. You do not need a lawyer to file a basic labor complaint. Keep all documents and records.
6. 6Step 6 — If legal advice is needed: Consult a certified labor attorney (공인노무사) for complex cases. Some legal aid organizations offer free consultations for foreign workers.

Ministry of Employment and Labor (고용노동부) — call 1350 (free, multilingual support available) or visit the nearest Local Employment and Labor Office (고용노동부 지청). For E-9 workers: Human Resources Development Service of Korea (한국산업인력공단).

1. ·Signing a contract without understanding the contents — you may waive rights you did not know you had. Always ask for a translated copy or call 1350 before signing.
2. ·Believing that a signed contract cannot be changed — under Labor Standards Act Art. 15, illegal clauses are automatically void regardless of your signature.
3. ·Not receiving a written contract — verbal agreements are harder to prove; always insist on a written document.
4. ·Assuming the Standard Employment Contract only applies to Korean workers — E-9 foreign workers have a separate, specific legal requirement for the standard form (Act on Foreign Workers' Employment Art. 9①).
5. ·Waiting too long to raise concerns — wage and labor disputes may have separate filing deadlines; consult the labor office promptly if something seems wrong.