Korean labor law changes from 2025 to 2026 that employers must apply
For employers and HR staff in Korea: the 2025~2026 labor law changes on minimum wage, parental leave, unpaid wages, working hours and insurance rates.
At a glance
- Minimum wage
- ₩10,320 an hour in 2026; ₩10,700 from January 1, 2027
- Parental leave pay cap
- ₩2,500,000 a month for months 1~3
- Spouse's childbirth leave
- 20 paid days, in up to 3 parts
- Delay interest on unpaid wages
- 20% a year, also for current employees
- Wage arrears penalty
- Up to 5 years or ₩50,000,000 from October 8, 2026
- National Pension rate
- 9.5% in 2026 (4.75% each); 10.0% in 2027
This guide is for employers and HR staff in Korea. It updates a summary of the 2025 labor law changes with the rules in force on October 23, 2026, and adds the 2027 figures that are already fixed. Many figures change every year, so check the year next to each number.
Minimum wage
| Item | 2026 | 2027 |
|---|---|---|
| Hourly | ₩10,320 | ₩10,700 |
| Monthly, 209 hours including the paid weekly holiday | ₩2,156,880 | ₩2,236,300 |
| Probation rate (90%), hourly | ₩9,288 | ₩9,630 |
The 2027 rate applies to every business from January 1, 2027. If you pay hourly workers a rate that already includes the paid weekly holiday, a worker on 40 hours over 5 days needs at least ₩12,384 per hour in 2026 (₩10,320 × 48 ÷ 40), or ₩99,072 for an 8-hour day. For 2027 the figures are ₩12,840 and ₩102,720. The 90% probation rate is allowed only in the first 3 months of a contract of 1 year or longer, and never for the simple manual jobs listed by the Ministry of Employment and Labor (고용노동부). See 2027 minimum wage ₩10,700: notify workers by December 31, 2026.
Parental leave and pay
| Item | Rule now | In force since |
|---|---|---|
| Parental leave pay | Months 1~3: 100% of monthly ordinary wages, cap ₩2,500,000. Months 4~6: 100%, cap ₩2,000,000. Month 7 on: 80%, cap ₩1,600,000. Floor ₩700,000. Paid in full during the leave | January 1, 2025 |
| Splitting parental leave | Up to 3 splits, so 4 separate periods | February 23, 2025 |
| Extra parental leave | 6 more months for a parent when both parents each used at least 3 months for the same child, for single parents and for parents of a disabled child | February 23, 2025 |
| Reduced hours for childcare | Child aged 12 or younger or in grade 6 or below; 15~35 hours a week; 1 year plus twice the unused parental leave; at least 1 month per split | February 23, 2025 |
| Spouse's childbirth leave | 20 paid days, used within 120 days of the birth in up to 3 parts. At priority support companies (우선지원 대상기업), employment insurance pays all 20 days, capped at ₩1,684,210 under the 2026 notice | February 23, 2025 |
| Pay for reduced childcare hours | First 10 hours cut each week: 100% of ordinary wages, cap ₩2,500,000. Further hours: 80%, cap ₩1,600,000 | January 1, 2026 (current rates) |
| Short parental leave | 1 or 2 weeks, once a year, for school or nursery closures, vacations or a child's illness; counts toward the total leave | August 20, 2026 |
| Spouse's leave renamed | Now 배우자 출산전후휴가; it can start 50 days before the due date | September 18, 2026 |
| Leave for expecting fathers | A male worker who cares for a pregnant spouse at risk of miscarriage or premature birth can take parental leave | September 18, 2026 |
Update your work rules and leave forms. Maternity protection and work-family support are required items in work rules (Labor Standards Act (근로기준법), Article 93).
Unpaid wages: heavier sanctions
From October 23, 2025:
- Regular pay not paid on payday carries delay interest of 20% a year, even while the worker is still employed (Article 37).
- An employer who in the previous year failed to pay 3 or more months' wages, or failed to pay 5 or more times with arrears of ₩30,000,000 or more, can be named a habitual defaulter (상습체불사업주). Government subsidies can then be refused or limited, public tenders can deduct points, and the credit information agency can receive the data (Articles 43-3 and 43-4).
- Employers on the public list of defaulters can be banned from leaving Korea (Article 43-7).
- Workers can claim up to three times the unpaid amount in court in cases of clear intent, 3 or more months of unpaid pay within a year, or arrears equal to 3 months of ordinary wages (Article 43-8).
From October 8, 2026, failing to pay wages, final pay or overtime premiums is punishable by up to 5 years in prison or a fine of up to ₩50,000,000 (Article 107). Unpaid severance pay carries the same maximum from September 18, 2026. From December 8, 2026, labor inspectors take the new title 노동감독관.
Small businesses
The limit is 40 hours a week plus 12 hours of overtime by agreement, 52 hours in total. The extra 8 hours a week that businesses with fewer than 30 employees could add by written agreement with the workers' representative expired on December 31, 2022. The ministry's grace period ended at the end of 2024, and the extra 3-month correction window it offered when needed from January 1 to June 30, 2025 is over. Keep time records and approve overtime in advance.
In businesses with 4 or fewer employees, the Labor Standards Act still applies only in part. Written working conditions, notice of dismissal, settlement of final pay, breaks, weekly paid holidays and maternity leave apply. The limits on dismissal and working hours, paid public holidays, overtime premiums, annual leave and the workplace harassment rules do not. A government roadmap reported in August 2025 planned to extend the Act in stages up to the first half of 2027, but the rules in force had not changed as of October 23, 2026.
Social insurance rates
| Insurance | 2026 | 2027 |
|---|---|---|
| National Pension (국민연금) | 9.5% (4.75% each) | 10.0% (5.0% each) |
| Health insurance (건강보험) | 7.19% (half each) | 7.19% |
| Long-term care insurance (장기요양보험) | 0.9448% of income | Not confirmed yet |
| Employment insurance, unemployment part (고용보험) | 1.8% (0.9% each) | Set in the Enforcement Decree |
| Industrial accident insurance (산재보험) | Average 1.47%, varies by industry | New notice each year |
Employers also pay 0.25%~0.85% for employment stabilization and job skills development, depending on their size.
Work rules and whistleblowers
Employers with 10 or more workers must draw up work rules on the items in Article 93 and file them with the ministry, also after every change. Failing to do so brings an administrative fine of up to ₩5,000,000 (Article 116). See File changed work rules on Form No. 15 with workers' opinion or consent.
The Public Interest Whistleblower Protection Act (공익신고자 보호법) bans retaliation against people who report violations of the laws it lists, and bans obstructing a report or forcing its withdrawal (Article 15). Dismissal or other loss of status is punishable by up to 3 years in prison or a fine of up to ₩30,000,000; other retaliation or obstruction by up to 2 years or ₩20,000,000 (Article 30). A whistleblower can ask the Anti-Corruption and Civil Rights Commission (국민권익위원회) for protection within 1 year (Article 17), and an internal whistleblower whose report brings money back to a public body can claim a reward (Article 26).
Checklist
- Update payroll for the 2026 and 2027 minimum wage.
- Revise leave rules and forms for the 2025 and 2026 parental leave changes.
- Pay wages on payday; late pay now carries 20% delay interest.
- Keep weekly working hours within 52.
- Apply the 2026 social insurance rates.
- File updated work rules if you have 10 or more workers.
Korean terms you will see
| Term | Reading | Meaning |
|---|---|---|
| 최저임금 | choejeo imgeum | Minimum wage set each year by government notice |
| 수습 | susup | Probation; 90% of the minimum wage is allowed only in limited cases |
| 육아휴직 | yuga hyujik | Parental leave |
| 육아기 근로시간 단축 | yugagi geullo sigan danchuk | Reduced working hours for parents of young children |
| 배우자 출산전후휴가 | baeuja chulsan jeonhu hyuga | Paid leave for a worker whose spouse is giving birth (name since September 18, 2026) |
| 우선지원 대상기업 | useon jiwon daesang gieop | Priority support company, mostly small and medium firms, eligible for more insurance support |
| 상습체불사업주 | sangseup chebul saeopju | Employer officially named for repeated wage arrears |
| 지연이자 | jiyeon ija | Delay interest on unpaid wages, 20% a year |
| 취업규칙 | chwieop gyuchik | Work rules; required for employers with 10 or more workers |
| 공익신고자 | gongik singoja | Public interest whistleblower protected from retaliation |
Sources
- Ministry of Employment and Labor Notice No. 2025-47 on the 2026 minimum wage (고용노동부 고시 제2025-47호) — https://www.minimumwage.go.kr/customer/notice/view.do?bultnId=4657
- Ministry of Employment and Labor Notice No. 2026-60 on the 2027 minimum wage (고용노동부 고시 제2026-60호) — https://www.minimumwage.go.kr/customer/notice/view.do?bultnId=4774
- Minimum Wage Act, Article 5(2), and its Enforcement Decree, Article 3 (최저임금법 제5조제2항·시행령 제3조) — https://www.law.go.kr/법령/최저임금법
- Equal Employment Opportunity and Work-Family Balance Assistance Act, Articles 18-2, 19, 19-2 and 19-4 (남녀고용평등과 일ㆍ가정 양립 지원에 관한 법률) — https://www.law.go.kr/법령/남녀고용평등과%20일ㆍ가정%20양립%20지원에%20관한%20법률
- Employment Insurance Act, Articles 70, 75 and 76 (고용보험법) — https://www.law.go.kr/법령/고용보험법
- Enforcement Decree of the Employment Insurance Act, Articles 95, 95-3 and 104-2 (고용보험법 시행령) — https://www.law.go.kr/법령/고용보험법%20시행령
- Ministry of Employment and Labor Notice No. 2026-67 on caps for childbirth leave benefits (출산전후휴가 급여등 상한액 고시) — https://www.law.go.kr/행정규칙/출산전후휴가%20급여등%20상한액%20고시
- Labor Standards Act, Articles 11, 37, 43-3, 43-4, 43-7, 43-8, 50, 53, 93, 107 and 116 (근로기준법) — https://www.law.go.kr/법령/근로기준법
- Enforcement Decree of the Labor Standards Act, Article 17 and Annex 1 (근로기준법 시행령) — https://www.law.go.kr/법령/근로기준법%20시행령
- Employee Retirement Benefit Security Act, Article 43 (근로자퇴직급여 보장법 제43조) — https://www.law.go.kr/법령/근로자퇴직급여%20보장법
- Labor Inspector Duties Act, effective December 8, 2026 (노동감독관 직무집행법) — https://www.law.go.kr/법령/노동감독관%20직무집행법
- Newsis, December 27, 2024, on the end of the 52-hour grace period for businesses with fewer than 30 employees (뉴시스) — https://www.newsis.com/view/NISX20241226_0003011360
- Hankyung, August 10, 2025, on the roadmap for businesses with fewer than 5 employees (한국경제) — https://www.hankyung.com/article/2025081018591
- National Pension Act, Article 88, and National Pension Service contribution rates (국민연금법 제88조) — https://www.nps.or.kr/pnsinfo/ntpsklg/getOHAF0038M0.do
- Enforcement Decree of the National Health Insurance Act, Article 44, and the 2027 rate decision (국민건강보험법 시행령 제44조) — https://mohw.go.kr/board.es?act=view&bid=0027&list_no=1491824&mid=a10503010100&nPage=1&tag=
- Enforcement Decree of the Long-Term Care Insurance Act, Article 4 (노인장기요양보험법 시행령 제4조) — https://www.law.go.kr/법령/노인장기요양보험법%20시행령
- Enforcement Decree of the Insurance Premium Collection Act, Article 12 (고용보험 및 산업재해보상보험의 보험료징수 등에 관한 법률 시행령 제12조) — https://www.law.go.kr/법령/고용보험%20및%20산업재해보상보험의%20보험료징수%20등에%20관한%20법률%20시행령
- Ministry of Employment and Labor Notice No. 2025-91, 2026 industrial accident insurance rates (2026년도 사업종류별 산재보험료율) — https://www.law.go.kr/행정규칙/2026년도%20사업종류별%20산재보험료율
- Public Interest Whistleblower Protection Act, Articles 15, 17, 26 and 30 (공익신고자 보호법) — https://www.law.go.kr/법령/공익신고자%20보호법
This guide explains general rules as of Oct 23, 2026. It is not legal or tax advice. Laws and forms change, so check the official website or ask a licensed professional before you act.

