Labor organizations have expressed strong opposition to both sets of guidelines, accusing the government of simply trying to make it easier and more convenient to dismiss employees.

In July 2016, the Seoul Administrative Court accepted the Labor Relations Commission's determination that the dismissal of an employee who had continuously shown poor performance was justified.

Imagine being a foreign employer in Korea and maintaining a business operation with over 50 local employees. Imagine further that amongst these employees, one individual has been missing his sales targets...

Under Korean labor law, the applicability of disciplinary measures depends on employee headcount. For foreign companies in Korea, however, to what extent should the headcount requirement apply, especially if they have more than one local presence?

On December 30, 2015, the Ministry of Employment and Labor (MOEL) issued a discussion draft of guidance on two highly controversial current issues in Korean employment law.