South Korea: Recruitment and selection

Original and updating authors: Jung Woo Lee, Hyunyoung Seo and Jong In (Leon) Jun, Yulchon LLC

See the legal services provided by the author of International > South Korea, including any discounts/offers for subscribers.

Summary

• There is little general legal regulation governing recruitment and selection but there are some rules applicable to job vacancies, selection processes, employment quotas and priority for employment. (See General)
• Discrimination in recruitment is prohibited on grounds of gender, marriage, family status, pregnancy, childbirth, disability or age. (See Discrimination)
• For employers who regularly employ 30 or more workers, the Fair Hiring Procedure Act sets out specific obligations in regard to job advertisements. (See Advertising vacancies)
• Employers are free to select employees using their own criteria unless there are legal restrictions and carry out pre-recruitment checks only with the prior consent of the job applicant. (See Selection)
• There is no specific statutory regulation governing job offers. Some employers make a job offer by simply notifying job applicants that they have passed the recruitment process, while others issue a job offer letter. (See Job offers)
• There are legal restrictions applicable to employees under the age of 18 in regard to working time and the type of work they can perform. (See Young people and children)
• To work in South Korea, foreign nationals must hold a visa that permits employment activities. (See Foreign nationals)
• Employers with 50 or more employees must employ a minimum mandatory quota of employees who have disabilities. (See Employment quota for people with disabilities)
• There are circumstances where an employer must prioritise certain employees for reemployment. (See Priority for employment)
• When concluding an employment contract, the employer must provide the employee with clear written details of pay, working hours and holidays and annual paid leave. (See Formalities)