"I didn't know that was illegal." It's the sentence I hear most often from foreign workers in Korea — usually after something has already gone very wrong. Here are the seven myths that cost foreign workers the most.
→Myth 1: "My Employer Can Fire Me Whenever They Want"
False. Korea does not have at-will employment. Under the Labor Standards Act, an employer cannot dismiss an employee without just cause — defined narrowly by law. "We're going in a different direction" is not sufficient. Dismissed without proper cause? You can file for unfair dismissal (부당해고) with the Labor Relations Commission and be reinstated or receive back pay. This applies to foreigners too.
→Myth 2: "If I Sign a Contract Saying No Overtime Pay, That's Final"
False. Contractual terms below Korea's legal minimums are automatically void. You cannot waive legal rights by contract. Under Korean law: standard hours are 40/week; overtime must be compensated at 150% of regular pay; holiday work at 200%; night work (10pm–6am) at 150%. The clause in your contract saying "no overtime" is legally unenforceable.
→Myth 3: "Severance Pay Is a Bonus — My Employer Decides"
False. Severance pay in Korea is mandatory by law. Any employee who has worked one year or more is entitled to one month's salary per year of employment — regardless of why they left, what their contract says, or whether the employer "feels like" paying it. Failure to pay is a criminal offense. Foreign workers are routinely denied this because they don't know it exists. Now you do.
Severance pay is mandatory by law. Non-payment is a criminal offense.
→Myth 4: "My Employer Can Deduct Money for My Mistakes"
False. Korean law prohibits arbitrary wage deductions. Your employer cannot take money from your paycheck because you made a mistake, a customer complained, equipment was damaged, or you were late. Wages must be paid in full and on time. Deductions are only permitted in specific circumstances defined by law.
→Myth 5: "I'm on a Short-Term Contract, So I Have No Rights"
False. Fixed-term employees have rights too — including severance after one year and protection against unfair dismissal. More importantly: if your employer keeps renewing your contract beyond two years, Korean law may automatically convert you to indefinite employment (무기계약직) — meaning they can no longer simply let your contract expire.
→Myth 6: "My Employer Can Cancel My Visa If I Complain"
False — and this is used to intimidate foreign workers constantly. Your employer cannot unilaterally cancel your visa as retaliation for filing a labor complaint. Korean law has whistleblower protections — dismissing an employee for filing a complaint is itself unfair dismissal. If your employer has threatened your visa because you complained, that threat may itself be actionable.
→Myth 7: "It's Not Worth Fighting — The System Won't Help a Foreigner"
False. Korea's labor dispute system is accessible and doesn't always require expensive litigation:
- The Labor Relations Commission (노동위원회) handles unfair dismissal — often within months, at no filing cost.
- The Ministry of Employment and Labor (고용노동부) investigates wage theft. File a complaint and the government investigates.
- Both are available to foreign workers on valid visas. Language assistance is available.
→What To Do If Your Rights Are Being Violated
- Document everything — payslips, contracts, messages, records of hours worked.
- Don't quit — resigning complicates your legal position and affects what you're owed.
- File a complaint with the Ministry of Employment and Labor if wages are unpaid.
- Consult an attorney before signing any settlement your employer offers you.
That settlement your employer is pushing you to sign quickly? It almost certainly waives rights you didn't know you had.