Am I a Freelancer or an Employee in Korea? How to Check Your Status

1. ·Labor Standards Act Art. 47: An employer must guarantee a fixed amount of wages per working hour for workers engaged under a subcontracting (도급) or similar arrangement — meaning even 'piece-rate' or 'task-based' workers can be protected if they are in a real employment relationship.
2. ·Labor Standards Act Art. 18: Part-time workers' (단시간근로자) conditions must be set proportionally to those of full-time workers in the same type of work. Workers averaging fewer than 15 hours/week over 4 weeks are excluded from certain provisions (Art. 55 weekly holiday, Art. 60 annual leave) — but they may still be employees.
3. ·Labor Standards Act Art. 41: Employers are required to keep a worker roster (근로자 명부) listing each employee's name, date of birth, and work history. If your name is not on this list despite working regularly, this is a red flag and evidence relevant to your status.
4. ·Employment Insurance Act Art. 10-2 (①): Foreign workers covered by the Act on Foreign Workers' Employment are subject to the Employment Insurance Act. Chapters 4 and 5 (unemployment benefits, etc.) apply only upon application as prescribed by the Ministry of Employment and Labor Ordinance.
5. ·Employment Insurance Act Art. 10-2 (②): Foreign nationals NOT covered under ① who conclude a labor contract, cultural arts service contract, or labor provision contract are covered by this Act in whole or in part — depending on their visa status (체류자격), scope of permitted activities, and period of stay, as determined by Presidential Decree.

1. ·You are working or have worked in Korea under any type of contract (written or verbal).
2. ·Your actual working conditions involve direction and supervision by the company (set hours, workplace, task assignment, inability to refuse work) — regardless of what the contract calls you.
3. ·You have a visa that permits work activities in Korea (e.g., E-series, F-series, H-series). Note: undocumented workers may also have some protections — consult a labor attorney.
4. ·If claiming Employment Insurance benefits as a foreign national: you must check your specific visa category against Presidential Decree criteria (고용보험법 제10조의2②), as coverage varies by visa type.

1. 1Step 1 — Gather evidence of your actual working conditions: schedules, task instructions (KakaoTalk, email, etc.), pay stubs, attendance records, workplace ID, uniform photos, or any document showing you were directed by the company.
2. 2Step 2 — Check your contract: compare what it says (freelance/service) against your actual daily reality. Note any discrepancies.
3. 3Step 3 — Call 1350 (Ministry of Employment and Labor hotline, free, multilingual) to explain your situation and ask whether a formal complaint (진정) is appropriate.
4. 4Step 4 — Visit or submit a written complaint (진정서) to the nearest Regional Labor Office (고용노동부 지청). Filing is free and does not require a lawyer.
5. 5Step 5 — If you are a foreign national, bring your Alien Registration Card (외국인등록증) and confirm your visa category. Ask the officer specifically about Employment Insurance coverage under Article 10-2 of the Employment Insurance Act.
6. 6Step 6 (optional) — Consult a certified labor attorney (공인노무사) for a formal opinion on your employment status, especially if your employer disputes it or you plan to claim back wages.

Ministry of Employment and Labor — Regional Labor Office (고용노동부 지청). Call 1350 (free, multilingual support available).

1. ·Assuming the contract title is legally binding: Korean courts look at the substance of the working relationship, not what the document calls it. A 'freelance contract' does not automatically mean you are not an employee.
2. ·Waiting too long: wage and other labor claims have time limits (generally up to 3 years for wages under the Labor Standards Act). Do not delay if you believe you are owed back pay.
3. ·Not keeping records: many foreign workers discard pay stubs or delete messages. Keep all communication and payment records from day one.
4. ·Assuming Employment Insurance does not apply to you as a foreigner: under Article 10-2 of the Employment Insurance Act, coverage depends on your visa type and whether you applied — some foreign nationals are eligible but miss out by not applying.
5. ·Confusing 'part-time employee' with 'freelancer': even workers under 15 hours/week (근로기준법 제18조③) may be employees. Fewer protections ≠ no protections.
6. ·Reporting to the wrong office: labor rights complaints go to the Labor Office (고용노동부 지청, call 1350), NOT to the Immigration Office (출입국관리사무소) or police.