Hokyun “Brad” Lim
P brad@decentlaw.ioBrad combines hands-on experience from COSMAX NBT, Korea Credit Information, and his own startup background to deliver practical advice in corporate and employment law.
- Corporate · Startups
- Labor · Employment Disputes
- Corporate & Biz
- Real Estate Disputes · Construction
- VC · Financial Advisory
- Cross-border · Dispute Resolution
관련소식
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법률정보How Foreign Workers Can Receive Severance Pay and Strategic response
Can Foreign Workers Receive Severance Pay? Retirement benefits are governed by Article 8(1) of the Act on the Guarantee of Employees’ Retirement Benefits. The Supreme Court has held that foreign workers are equally subject to the provisions of the Labor Standards Act regarding severance pay and the Minimum Wage Act regarding wage guarantees (Supreme Court Decision 2006Da53627, Dec. 7, 2006). Therefore, foreign workers are entitled to severance pay under the same standards as Korean nationals if the following conditions are met: Continuous employment of at least one year Average weekly prescribed working hours of at least 15 hours over a four-week period Qualification as a “worker” under the Labor Standards Act Regardless of visa type—such as E-9 (non-professional employment), E-7 (specific activities), or F-series visas—if the individual worked under the direction and supervision of an employer, severance pay entitlement applies. Despite this, some employers argue that “foreigners are excluded” or “fixed-term contract workers are not entitled.” In most cases, such claims lack legal basis. Severance pay for foreign workers is not optional; it is a mandatory statutory right that cannot be arbitrarily excluded. Common Disputes Involving Foreign Workers’ Severance Pay In practice, the following dispute types frequently arise: 1. Non-payment after departure from Korea A worker’s departure from Korea does not eliminate the employer’s obligation to pay severance. Under Article 9(1) of the Act on the Guarantee of Employees’ Retirement Benefits, an employer must pay severance within 14 days from the date the cause for payment arises. Violation may result in criminal penalties (Article 44(1)). 2. Settlement disputes involving E-9 workers under the Employment Permit System Some employers claim that payment through the “departure guarantee insurance” (mandatory departure insurance) constitutes full settlement. However, merely asserting that the matter was settled through departure insurance does not extinguish the severance obligation. The actual insurance payout must be compared with the statutory severance calculation to determine whether any shortfall exists. 3. Disputes over disguised subcontracting or freelancer status Some employers deny worker status based on the absence of social insurance enrollment. In such cases, worker status is determined based on substance over form, considering factors such as supervision and control, working structure, and wage payment methods. These issues should not be treated lightly. Delayed 대응 may make recovery of rights significantly more difficult. Legal Procedures When Severance Pay Is Unpaid If severance pay is not paid, the following steps may be taken: Filing a complaint with the Ministry of Employment and Labor Determination of unpaid wages Applying for a payment order or filing a civil lawsuit Simultaneously filing a criminal complaint, if appropriate Employers must pay severance within 14 days of the occurrence of the payment obligation (Article 9(1)). Failure to do so is punishable by up to three years of imprisonment or a fine of up to KRW 30 million (Article 44(1)). For workers planning to leave Korea, it is particularly important to secure evidence and file a complaint before departure. Missing the appropriate timing may significantly hinder actual recovery. For those facing unpaid severance as foreign workers, understanding these procedures can provide meaningful practical assistance.
2026-02-19 -
법률정보
Attorney Accompaniment to Police Investigation — Not Mere Presence, but Strategy
The Police Stage Is Not “Procedure Confirmation,” but “Evidence Production” Receiving a summons means the case has entered, or is about to enter, the investigative stage. It may still be at the preliminary inquiry phase before formal booking, or you may be questioned as a suspect or witness. What remains from this stage are written statements, submitted materials, and the context of questions and answers. Initial statements are directly linked to the prosecutor’s decision on referral and disposition. Once a statement is recorded, it becomes the standard for credibility assessment — “Didn’t you say that at the time?” — and later retractions are rarely persuasive. The Criminal Procedure Act explicitly guarantees a suspect’s right to remain silent (Article 244-3(1)1) and the right to assistance of counsel (Article 243-2). Investigative authorities must inform the suspect of these rights prior to questioning. However, in actual investigations, it can be difficult to determine when and how to exercise these rights. Under psychological pressure, individuals often hesitate. This is where attorney accompaniment to a police investigation becomes critical. The outcome can change depending on how far you answer, how you phrase uncertain memories, and how you respond to disadvantageous questions. Attorney Accompaniment Is Not “Attendance,” but “Statement Design” Attorney accompaniment is not merely sitting beside you in the same room. It is about reading the issues, organizing the facts, and preventing dangerous wording from entering the record. In practice, the difference appears in three stages: Pre-investigation preparation Reviewing the complaint, evidence flow, and key issues Structuring the framework of responses Preventing unnecessary admissions, exaggerated explanations, or statements that inadvertently expand liability Assistance during questioning Objecting to improper leading questions or repetitive pressure that infringes upon the suspect’s rights Ensuring that the written statement accurately reflects the intended meaning Requesting corrections where necessary Post-investigation strategy Organizing additional submissions Drafting written opinions Designing restitution and settlement strategies Even with identical facts, well-structured early 대응 can secure a more favorable position at the crossroads between non-referral, non-indictment, and formal prosecution. Ultimately, attorney accompaniment is not about “getting through questioning smoothly,” but about preventing the investigative frame from being fixed against you. “Won’t Bringing a Lawyer Make Me Look More Suspicious?” This is the most common question. The answer is clear. A lawyer’s participation in suspect questioning is a statutory right under Article 243-2 of the Criminal Procedure Act and a concrete implementation of the constitutional right to counsel under Article 12(4) of the Constitution. Investigative authorities may not restrict a lawyer’s participation without just cause, nor may they impose disadvantageous treatment solely because counsel was present (see Supreme Court Decision 2003Mo402, Nov. 11, 2003). The issue is not attorney accompaniment. The real risk is attending without preparation. Emotional reactions, speculative statements presented as facts, or minimizing/exaggerating circumstances can bind you later. The mere fact that “it is recorded in the statement” can undermine the entire defense structure. Decent Law Firm’s Approach to Police Investigation Accompaniment The Criminal Defense Team at Decent Law Firm approaches police-stage cases with precision, aiming to maximize the possibility of favorable closure. Our system includes: Case-type specific issue analysis Statement rehearsal and wording review On-site accompaniment and statement verification Post-investigation closure strategy Criminal cases do not begin at trial. In many instances, the direction is determined at the first police interview. If you have received a summons, it is safer to review your initial statements with professional assistance rather than facing the process alone. Attorney accompaniment to a police investigation is not optional — it is a practical defense tool to protect your rights within the criminal procedure. Before it is too late, consult directly with a professional and establish your strategy.
2026-02-12 -
법률정보
If You Need Help Reporting Unpaid Compensation as a Freelancer and Seeking Assistance from the Labor Office, Read This Carefully
Why Is Unpaid Compensation So Common for Freelancers? One of the most frequent problems freelancers face is the non-payment of service fees or compensation. Phrases such as “Let’s settle everything next month,” “The client hasn’t paid us yet,” or “The performance is unclear, so it’s hard to finalize the amount” come up repeatedly. Payment responsibility is often postponed on the grounds that the individual is “not an employee,” or work proceeds without a clearly defined payment structure from the outset. The absence of employment insurance or coverage under the four major social insurance schemes, combined with an environment where it feels difficult to raise issues about non-payment, makes freelancers even more vulnerable. At this stage, however, one point must be clearly understood. The root of the problem is not the freelancer’s status itself, but contracts and compensation structures that were disadvantageously designed from the beginning. Being a Freelancer Does Not Mean “Wages” Are Never Protected Many freelancers facing unpaid compensation conclude, “I’m not an employee, so I’m not protected.” However, legal determinations are not based on the title of the contract, but on the actual nature of the work relationship. Courts consider factors such as whether the user determined the content of the work and exercised substantial direction and supervision during its performance, whether working hours and locations were designated and binding, and whether the individual could independently operate a business—for example, by owning equipment or hiring third parties to perform the work. They also assess whether the compensation constitutes payment for the labor itself, whether a base or fixed salary was set, and whether there was continuity in the work relationship and exclusivity toward the user. When these elements are recognized, there are many cases where, despite a “freelancer” contract, worker status is acknowledged and the issue of unpaid service fees is treated as unpaid wages under the Labor Standards Act. Even if worker status is ultimately denied, that does not mean there is no way to respond. Claims can still be pursued as civil claims for unpaid service fees or compensation. The most dangerous decision is to prematurely rule out these possibilities on your own. Why Handling the Issue Alone Often Makes Things Worse for Freelancers When payment is withheld, emotions can easily take over. However, a single hastily sent message can put the entire response to unpaid freelancer compensation at a disadvantage. Such messages are often used to justify non-payment or are exploited as evidence to evade responsibility. Outcomes vary significantly depending on whether a payment date was specified, how performance-based clauses are interpreted, and what legal meaning is attributed to verbal agreements or messenger conversations. If handled incorrectly, freelancers may be directly exposed to arguments such as “the compensation was never agreed upon,” “performance was insufficient,” or “there is no obligation to pay due to contract termination.” This is not an issue an individual should be expected to endure alone. Without reassessing the underlying structure, unpaid compensation issues for freelancers tend to become prolonged. Decent Law Firm’s Approach to Handling Unpaid Compensation for Freelancers Decent Law Firm does not view unpaid freelancer compensation as a simple matter of payment demands. From the initial stage, we review both the contract and the actual work performed to conduct a detailed analysis of potential worker status. We systematically organize messenger records, emails, and past payment practices to prevent the formation of justifications for refusing payment. Where worker status is recognized, we pursue claims that include unpaid wages, severance pay, and statutory late payment interest (20% per annum under Article 37(1) of the Labor Standards Act and Article 17 of its Enforcement Decree). Where worker status is denied, we shift strategy to claims for unpaid service fees or damages under civil law. There is only one guiding principle. Whether the chosen approach makes it realistically possible to recover the money. If you are a freelancer losing sleep over this issue, remember clearly that you are not alone. If, on the other hand, you treat this matter lightly, even amounts that could have been recovered may be lost, and unpaid compensation can solidify into irreversible financial damage.
2026-02-06
