"A 30-year-old American man signed a contract that included three weeks temporary teaching with B English School in Korea. After three weeks, the school fired him, stating, "He doesn't have enough teaching skill to teach TESOL." The school also stated that he agreed to his dismissal, even though he did not. However, in the end, the labor committee said his dismissal was unfair since the school didn't go through the legal process. The case ended with him receiving compensation."
There are more than 1 million foreigners residing in Korea, with 450 thousand of them employed in the workforce. However, they often contend not only with a language barrier, but also with the intricacies and complexities of Korean labor laws. Labor attorney Jung Bong-su, who recently released the 3rd edition of his bilingual guide to Korean labor law, sat down with us to talk about foreign employees and Korean labor laws.
I'd worked at a foreign invested company as a HR manager. I frequently had to explain Korean labor law to foreign employees but it was hard to find Korean labor law books in English. Even if I found them, they were hardly updated. More global companies and foreign employees are coming to Korea. It’s better for both Koreans and foreigners if we have Korean labor law guides in multiple-languages, including English.
Do you have many foreign clients?
Ninety percent of my clients are foreigners. I also give counsel free of charge at the Seoul Global Center, and half of visitors are English teachers and the rest of them are migrant workers. I also work for ATEK, an English teacher's community, as a consulting lawyer.
What kinds of cases do you deal with most often?
Many cases are about a clash of interests between employees and employers, but poor Korean labor law knowledge sometimes can be the reason behind the conflicts. For example, minimum wage is calculated by dividing the actual salary without welfare services, such as housing allowances or meals. Chances are, employers break the minimum wage laws if they calculate it by dividing the total money they pay. Employees come to me not knowing the Korean labor laws apply to them, just as they do to Koreans. I then inform them some of English guides to Korean labor law and let them find their rights themselves.
Have you been frustrated by being a specialized labor attorney for foreigners?
I feel bad for migrant workers who are not from English- speaking countries. It is hard for them to know the Korean labor laws and my advice would be limited, as it's either in English or Korean.
When do you feel most fulfilled by your job?
It makes me happy and feel fulfilled when employees and employers come to an agreement before t
Is there anything you would like to in the future?
I'm planning to write a bilingual Korean labor laws guide in English and Korean and update it regularly. I also want to study more languages so I can help more people. Eventually, systems such as official company documents and government websites should be in multiple-languages, as Korea will have more foreign employees and has to protect their rights.
Mr. Jung's “Three things that foreign employees should know”
-Do not trust what the internet says blindly, especially if it's about the law
-Remember, Korean labor laws apply to all employees in Korea regardless of nationality
-Try to get information from Korean government websites, such as the Ministry of Labor or Korea Immigration Service
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