Key employment law amendments for 2025

At a glance

• South Korea has confirmed amendments to key labour laws. Some of which became effective at the end of 2024, but the rest will come into effect throughout 2025. 
• The minimum wage increased from 1 January 2025. 
• There are a series of provisions relating to maternity and childcare which are strengthening protections and support. 
• Stronger penalties for habitual wage payment delays have been introduced, including interest and potential legal action.
• Extended periods for paternity, maternity, subfertility treatment, and miscarriage / stillbirth leave will come into effect.

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This article has been reproduced with the permission of the authors Weon Jung Kim, Ki Young Kim, Paul Cho, Sun Ha Kweon, Byoung-Kyu Chae and Hoin Lee at Kim & Chang.

South Korea has confirmed amendments to key labour laws. Some of which became effective at the end of 2024, but the rest will come into effect throughout 2025.  

The amendments include newly established and strengthened provisions regarding maternity protection and childcare support. Therefore, it is important for employers in Korea to take appropriate measures in advance, such as updating their rules of employment to reflect these amendments. The amendments also include the adoption of strong penalties for habitual wage payment delays, which makes it important for employers to review their wage practices to prevent delays in wage payments.

Minimum wage

From 1 January 2025, the minimum hourly wage for 2025 will be KRW10,030, which is an increase of KRW170 (approximately 1.7%) compared to the 2024 rate of KRW9,860. The total amount of regular bonuses and cash welfare benefits will be included in the calculation of minimum wage.

Extension of the period of childcare leave of absence 

Effective from 23 February 2025, employees who fall under any of the following categories will be eligible to extend their childcare leave of absence for a maximum of 18 months: 

• parents where both have taken at least three months of childcare leave for the same child;
• single parents; or
• parents of a child with a severe disability.

In such cases, the childcare leave of absence can be taken for a total of four separate periods upon the employees’ needs.

Extension of the period of paternity leave

Paternity leave will be extended from ten days to 20 days. This is effective from 23 February 2025. For eligible employees working in enterprises eligible for priority support (eg small and medium-sized enterprises (Priority Support Enterprises)), the duration of wage support provided by the government will be extended from five days to 20 days. Currently, paternity leave must be requested within 90 days after childbirth. However, under the amendment, paternity leave can be used within 120 days after childbirth, with a maximum of four separate periods whenever the employee wishes to use it.

Extension of the period and child's age for reduced working hours for childcare

The age of a child to qualify an employee for a reduction in working hours for childcare will be extended from eight years of age or younger (or in 2nd grade or below in elementary school) to 12 years of age or younger (or in 6th grade or below in elementary school). 

Employees who have any unused periods of childcare leave of absence will be eligible to extend the reduction in working hours for childcare for a maximum of three years. In such cases, the unused period of the childcare leave of absence will be doubled and added to the number of reduced working hours. Further, the current minimum usage period of three months at one time will be reduced to one month. 

Employees who have used a total of one year of childcare leave of absence and a reduction in working hours for childcare before 1 October 2019, will also be eligible under this amendment. 

The reduced working hours for childcare (eg two hours per day) have previously been excluded in the calculation for annual leave. However, starting 22 October 2024, these hours will no longer be excluded from the calculation of annual leave.

Extension of the period for reduced working hours during pregnancy 

To protect pregnant employees and their foetuses from the risk of miscarriage and premature birth, the period of a reduction in working hours during pregnancy will be extended from 'within the first 12 weeks or after 36 weeks' to ‘within the first 12 weeks or after 32 weeks'. This is effective as of 23 February 2025.

High-risk pregnant employees, such as those with a premature birth or those having a multiple birth, will be eligible for reduced working hours during the entire pregnancy with a doctor's certificate.

The reduced working hours for pregnancy (eg two hours per day) have previously been excluded in the calculation for annual leave. However, as of 22 October 2024, these hours will no longer be excluded from the calculation of annual leave.

Extension of the period of maternity leave for premature birth

From 23 February 2025, for premature birth of the baby requiring hospitalisation in a neonatal intensive care unit, maternity leave will be extended from the current 90 days to 100 days. This provision will apply to employees who give birth after the effective date.

Extension of the period of subfertility treatment leave

From 23 February 2025, the period of subfertility treatment leave will be extended from three days to six days per year, with at least two of those days required to be paid leave (currently, set as one day).

Government wage support for the above-mentioned paid leave will be established to mitigate the burden on Priority Support Enterprises. 

The obligation for employers to maintain confidentiality during the processing of subfertility treatment leave has been newly established (effective from 22 October 2024).

Extension of the period of miscarriage / stillbirth leave

In case of a miscarriage or stillbirth within 11 weeks of pregnancy, five days of miscarriage or stillbirth leave will be extended to ten days from 23 February 2025. This proposed amendment will apply to employees who have a miscarriage or stillbirth after the effective date.

Interest on wage payment delays

The interest on wage payment delays (20% per annum), which currently applies only to retired employees, will also be expanded to apply to current employees from 23 October 2025.

Strengthening punishment for habitual wage payment delays

New provisions have been introduced to strengthen punishment for employers listed in the official list published by the Ministry of Employment and Labor (ie a list of employers who have been found guilty of at least two (cases of delayed wage payments within the past three years and have delayed payments of over KRW30 million within the past year). Such employers will be banned from leaving the country and will be ineligible for the application of the non-prosecution clause (ie an option for non-prosecution at the request of the employee). The new provisions will be effective from 23 October 2025.

Strengthening damages for habitual wage payment delays

From 23 October 2025, if employers fall under any of the following categories, an employee can file a claim with the court seeking payment of an amount not exceeding three times the payable wages: 

• failure to pay all or part of the wages with explicit intent;
• wage payment delays of three months or more within one year; or 
• unpaid wages exceeding three months or more of ordinary wages. 

In determining the amount of damages, the court will consider the duration, circumstances, and frequency of the wage payment delays, as well as the employer’s financial status.

Protection of workers from extreme heat and cold

Under the amended provision (effective from 1 June 2025), employers must take necessary measures to prevent health impairments caused by prolonged work under extreme heat and cold.

Designation of industrial accident workers' day

28 April each year will now be designated as Industrial Accident Workers' Day, with the week following this date designated as the memorial week for industrial accident workers.