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Weekly Newsletter: 2nd Week of October |
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1. Arrest of an Employer who habitually violated delayed payment of wage and Key Details of the Amended Law (Refer to detailed news)
- A habitual wage-delaying construction contractor with 11 prior offenses was arrested.
- Key contents of the amended law (Eradication of habitual wage delays).
2. Samsung Electronics Radiation Exposure Incident Investigation Results was announced (Refer to detailed news)
- The Nuclear Safety and Security Commission's final investigation results.
- Attention on whether it qualifies as a serious accident.
3. CCTV Recording, GPS Tracking, and Workplace Harassment
- Cases of monitoring work attendance using CCTV and tracking employee movement via GPS in business vehicles.
4. "Civil Law Firms Are Worse" – Retaliation After Reporting Unfair Dismissal
- The number of cases where law firms have been sued, accused, or filed complaints for violating labor-related laws has been increasing yearly.
1. Arrest of an Employer who habitually violated delayed payment of wage and Key Details of the Amended Law (Refer to detailed news)
(1) A habitual wage-delaying construction contractor with 11 prior offenses was arrested.
The Ansan branch of the Ministry of Employment and Labor announced on Tuesday, October 1st, that a 69-year-old construction contractor, Mr. A, was arrested for violating the Labor Standards Act after delaying wages totaling approximately 160 million won for 43 workers.
Mr. A had received full payment for a villa construction project but intentionally and habitually delayed the wages of day laborers, using the funds to pay off debts and cover living expenses. He then went into hiding but was arrested on September 30th at a construction site in Incheon.
There have been as many as 76 wage delay reports filed against Mr. A, and he has been fined 11 times in the past for similar offenses.
The Ministry of Employment and Labor stated, "We will strictly respond by tracking down and arresting business owners who maliciously and habitually delay wages."
Meanwhile, on September 26th, the National Assembly passed an amendment to the Labor Standards Act aimed at eradicating habitual wage delays.
(2) Key contents of the amended law (Eradication of habitual wage delays)
* Implementation: One year after the promulgation date
[Credit Sanctions]
The Minister will designate habitual wage arrears employers annually and provide their arrears data to the Korea Credit Information Corporation. Consequently, financial institutions will be able to utilize information about these employers when assessing financial transactions such as loan applications, extensions, and interest rate calculations.
[Restrictions on Government Support]
Employers with habitual wage arrears will face restrictions when applying for subsidies or financial assistance from the national government, local governments, or public institutions.
[Disadvantages in Public Bidding]
If employers with habitual wage arrears wish to participate in projects commissioned by the national government, local governments, or public institutions, their history of wage arrears will be taken into account, potentially leading to restrictions on their participation or deductions in scoring.
[Delayed Interest]
The current 20% delayed interest on unpaid wages, which only applies to retirees, will also be extended to active employees.
[Strengthening Criminal Penalties]
Currently, employers are not criminally prosecuted if the employee does not wish it (non-punishable offense at the will of Victim). However, if an employer who has been publicly named for having received criminal penalties twice or more commits wage arrears again, the non-punishable offense will no longer apply.
[Request for Travel Ban]
The Minister of Employment and Labor will be able to request the Minister of Justice to impose a travel ban on publicly named employers who fail to settle their wage arrears to prevent them from fleeing abroad.
[Damages System]
Employees who suffer damages due to Habitual wage arrears ( clear intent to withhold wages, withholding wages for more than three months within a year, the amount of wage arrears exceeding three months of regular wages) will be able to claim damages (up to three times the amount) in court.
2. Samsung Electronics Radiation Exposure Incident Investigation Results was announced (Refer to detailed news)
(1) Final Investigation Results from the Nuclear Safety and Security Commission
The Nuclear Safety and Security Commission held its 201st meeting on September 26th and announced the final investigation results and response plans regarding the radiation exposure incident that occurred at Samsung Electronics' Giheung Plant in May.
On May 27th, 2024, during maintenance work at Samsung Electronics' Giheung Plant, two maintenance workers were directly exposed to radiation due to the malfunction of a safety device (interlock) while servicing radiation-emitting equipment. The radiation doses to the two workers were 94 Sv (sieverts) and 28 Sv, respectively, which correspond to 188 times and 56 times the annual permissible exposure limit.
The Nuclear Safety and Security Commission, when announcing the investigation results, evaluated that the incident occurred due to the arbitrary manipulation of the interlock, inadequate identification of warning lights, and a lack of review and supervision of the maintenance workers' tasks.
The Commission conducted a special inspection (from July 8 to August 21) to check compliance with nuclear safety regulations concerning the overall radiation safety management at Samsung Electronics' Giheung Plant. During the inspection of 694 radiation devices, it was determined that there were only two radiation safety managers, leading the Commission to conclude that "the system for effective supervision by radiation safety managers was insufficient."
Additionally, the Commission stated, "Violations of nuclear safety regulations were identified in the training, health check-ups, and radiation exposure management of workers handling radiation-emitting devices subject to permits," and announced plans to impose administrative penalties (fines).
(2) Attention on whether it qualifies as a serious accident
On October 3rd, Representative Lee Yong-woo (Democratic Party of Korea), a member of the National Assembly's Environment and Labor Committee, disclosed the legal counsel's opinion from Samsung Electronics regarding the radiation exposure incident.
According to the released materials, the Gyeonggi branch of the Ministry of Labor requested a report on the occurrence of a "serious industrial accident" from Samsung Electronics in accordance with the Occupational Safety and Health Act on August 27th. However, Samsung Electronics' legal counsel submitted a statement expressing their intention to "withhold" the report. It has been reported that Samsung Electronics argued that the workers' radiation burns should be classified as a "disease" rather than an "injury," thus claiming that it does not qualify as a serious industrial accident.
In response, Representative Lee stated, "We will closely examine whether the Serious Accident Punishment Act should be applied through the upcoming government audit." There is growing interest in how the results of the Nuclear Safety and Security Commission's prior investigation will influence the decision on whether this incident will be recognized as a serious industrial accident.
3. CCTV Recording, GPS Tracking, and Workplace Harassment (Source: Hankook Ilbo)
- There are cases of monitoring attendance through CCTV and tracking employee movement via GPS in business vehicles.
- 22% of employees reported that they had either been reprimanded due to CCTV monitoring or had witnessed a colleague being reprimanded.
- The Ministry of Employment and Labors manual classifies the use of CCTV for employee surveillance as a form of workplace harassment.
https://buly.kr/5q5vP8t
4. Civil Law Firms Are Worse – Retaliation After Reporting Unfair Dismissal (Source: Maeil Business Newspaper)
- The number of cases in which law firms have been sued, accused, or filed complaints for violating labor-related laws increased to 228 in 2023, up from 127 in 2021 and 154 in 2022.
- After being suddenly dismissed without signing a labor contract and subsequently reporting the incident, the individual was counter-sued for charges including theft, obstruction of business, trespassing, and destruction of electronic records.
- Concerns have been raised that as the legal market becomes saturated, working conditions are gradually deteriorating. https://buly.kr/7mAHeYP
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Notice 2026 Minimum Wage Decision – The hourly rate is set at 10,320 KRW, which is an increase of 290 KRW from this year's 10,030 KRW.
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215
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Notice KangNam Labor Law Firm Personal Advisory Service – When receiving a dismissal notice, instead of a one-time consultation, you can be protected from unfair dismissal through intensive advisory support over the course of one month.
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214
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Notice Introduction to Payroll Management Services at KangNam Labor Law Firm: Monthly payroll management, severance pay management, social insurance management, and year-end tax settlement management.
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213
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Notice English Lectures(12 hours) on Labor Law Cases (4th Term of 2025) Starting July 10, every Thursday at 7 pm, Zoom online
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212
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Notice Introduction of a new book: HR & Labor Law Audit manual - Authors: Bongsoo Jung and Kyungho Ahn
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211
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Notice 10 Top Lawyers In Seoul For English-Speaking Foreigners (April 27, 2022): KangNam Labor Law Firm was selected as one of ten best law firms in Seoul by the International Magazine.
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210
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Notice The Korean Labor Law Bible - Basic Guide to Labor Management -Announcement of the 7th Revised Edition Release and Introduction of Changes
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209
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Notice Completion of Uploading 8,000 Administrative Interpretations, English Translation in Progress,
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208
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Notice App Development – Adjust illustration/photo placement in contributed articles, move the "Q&A for Companies" to the manual section of the booklet, and add a Members' Lounge bulletin board.
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207
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Notice Announcement of the Publication of the Quarterly Magazine Labor Cases, No. 70 – Summer 2025 Edition
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206
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Notice Labor Law Services Provided by Gangnam Labor Law Firm (Specialized services focusing on foreign nationals and foreign-invested companies)
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205
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Notice 2025 Labor Law Changes and Key Precedents
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204
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Notice Administrative Services Provided by Kangnam Labor Law Firm: Fact Verification Notarization, Transcript Notarization, Translation Notarization, and Visa (Immigration) Processing
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203
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Notice 500 Supreme Court Judgments concerning labor law - to be published soon. The final draft was printed
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202
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Examining the Significance of Kim Young-hoon, Former Chairman of the Korean Confederation of Trade Unions, Becoming Minister of Employment and Labor — Anticipated Changes, Hopes, and Concerns Regar
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201
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Back Cover Introduction of KangNam Labor Law Firms Quarterly Casebook Compilation of Labor Case Studies
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200
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App Development Order: Placing an order for uploading the Ministry of Labors administrative interpretations to the KangNam Labor Law Firms ap
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199
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Attending the Swedish National Day Event (June 4, 2025)
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Begin a project to organize the Ministry of Employment and Labor's administrative interpretations by field and to enhance the Gangnam Labor Law Firm manual section accordingly.
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Introduction of App Development Details: Implemented a new search feature for the Top 500 Supreme Court Labor Cases – Completed the integration of a search window that distinguishes between general search and case law search.
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[Address] A-1501 406, Teheran-ro, Gangnam-gu, Seoul 06192 Korea (Daechi-Dong, Champs Elysees Center)
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