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admin, 11:47 JST, Thu 11 of Mar, 2010: ATEK has licensed complete access to the Korean Labor Law Bible in English. ATEK members can now read the complete text of the definitive Labor Law guide.

admin, 18:09 JST, Thu 31 of Dec, 2009: KangNam Labor Law Firm is now offering Legal Assurance for individual Employees and Micro Union for Groups of Employees. For more information please contact us at help@k-labor.com

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My employees have access to my company's sensitive information. The last employee who quit took the information from my computer. Can I withhold their last month of salary as compensation for the damage caused by the employee?

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Q: My employees have access to my company's sensitive information. The last employee who quit took the information from my computer. Can I withhold their last month of salary as compensation for the damage caused by the employee?

No.

As an Employer you must pay the Employee the full sum that is owed to them as wages. If you withhold any of their salary you will be in violation of the Labor Standards Act of the Republic of Korea.

A better option is to proceed with filing a Police report for theft of Data, then followed by a Civil suite. Please note that in The Republic of Korea the Judicial system's function is to determine if a wrong has been committed, not the amount of damage that has been done.

To safe guard yourself as an Employer it is best if you state in the Employment Agreement the value of the materials or information that the Employee is being entrusted with. Subsequently if the Employee steals the data, materials or information the Civil suite will be for the amount stated in the contact.

Parts of an Employment Contract are truly governed by the Labor Standards Act which has its own Judiciary Branch, the rest is governed by the Civil Court system.

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