Table of Contents

South Korea

Table of Contents

Currency

South Korean Won (KRW)

Payroll Frequency

Monthly

Employer Taxes

10.67% - 29.17%

About South Korea

South Korea is an Asian nation, occupying the southern portion of the Korean peninsula, bordering North Korea, the Yellow Sea, and the Sea of Japan. The country has a wide coastal plain as well as numerous hills and mountains, with unfortunately frequent typhoons as part of its climate. South Korea also has a number of natural resources including coal, molybdenum, graphite, lead, and tungsten. At the end of WWII, the Korean peninsula was divided into Soviet and U.S. zones of occupation, culminating in the Korean War when the northern forces invaded the south in 1950. The border between the two countries remains one of the most heavily militarized in the world. South Korea is considered a developed economy and a regional powerhouse. It is a global leader in technology and is primarily an export-driven economy with a focus on electronics, automobiles, ships, petrochemicals, and robotics. With a population of about 50 million, South Korea is relatively homogenous in terms of represented ethnic groups, with Korean and English as its official languages. South Korean culture borrows heavily from the Chinese and Japanese cultures evident by the nation’s focus on Confucianism. The country is also one of the top-performing countries in reading literacy, math, and the sciences and has one of the most highly educated labor forces in the world.

Company Formation Services in South Korea

Aadmi streamlines South Korean company formation services and makes it easy and trouble-free. The procedure is to register a company with the Supreme Court’s Corporate Registry and the National Tax Service, selecting the appropriate structure (sole trader, partnership, or limited company), and being compliant with all South Korean business laws. A limited company is chosen by most entrepreneurs in South Korea for its reputation, ease of change, and friendly foreign investment policies.

With our professional assistance, establishing your company in South Korea is hassle-free, keeping you compliant and focused on expansion.

Company Types

Limited Company

A South Korean Limited Company, also referred to as a “Chusik Hoesa” (joint-stock company), is a privately held business organization regarded as an independent legal entity on incorporation. One director and one shareholder are the minimum to establish it. Shareholders are liable for their capital contributions only. Whereas shares cannot be traded publicly by private companies, larger public companies can trade shares once listed at the Korea Exchange.

Branch

Foreign businesses operating abroad can establish a branch in South Korea. A branch is not an independent legal body from its parent firm and is governed by the laws of South Korea for the conduct of business. The parent firm has full responsibility for the obligations and liabilities of the branch.

Partnership

Foreign investors can also establish a partnership with Korean entities. Partnerships are shared ownership and management where all the partners bear the responsibility for profits, losses, liabilities, and operations. Foreign enterprises can utilize Korean partners’ established networks, industry knowledge, and local market understanding, which makes this model favorable for shared risk management and local integration.

Incorporation Requirements

Paid Up Capital

There is no minimum paid-up capital in South Korea to form a limited company. Practical capital contributions are usually necessary to finance the business’s operational requirements.

Foreign Percentage Ownership

100% foreign ownership is allowed by South Korea in the majority of industries. Once registered as a domestic company, it then comes under the South Korean laws and regulations like any other Korean firm.

Local Director

A local resident director is not required by South Korean law. A foreigner can be the sole director of a company.

Corporate Secretary

No statutory requirement exists for appointing a corporate secretary. If appointed, no restriction exists in terms of nationality or residence.

Local Office Address

A South Korean local office address registered at the time of incorporation is required. It should be able to receive mail and serve as the official registered office.

Incorporation Documents

What Company Incorporation Documents are to be filed?

  • Articles of Incorporation (Jeong-Gwan)
  • Company name and proposed business activities
  • Names, nationalities, and addresses of directors and shareholders
  • Directors’ and shareholders’ personal identification documents
  • Notarized power of attorney (if appointing a representative)
  • Registered office address
  • Certificate of payment of capital (by a Korean bank)
  • Certificate of capital and shareholdership structure
  • Application for business registration (through the Korean Tax Office)
  • Corporate seal (Dojang)

Incorporation Process

Register and Reserve the Name of the Company

In contrast to some nations, there is no name reservation procedure required in South Korea. The suggested name is filed when incorporating and cannot be a replica of an already registered name. There is a facility for name search through the online corporate registration portal of the Supreme Court.

Choose Filing Method

Company registration in South Korea normally utilizes these procedures:

  • Via Local Legal/Tax Firms: Foreign investors commonly hire a law firm or accounting firm in South Korea to handle the process, including document translation and submission.
  • In-Person at the Registry Office: Documents are delivered to the local Registry Office and the National Tax Service. The process typically takes 5–7 working days.
  • Online Corporate Registry: South Korean nationals or legal residents holding digital certificates may incorporate using the online portal. This is not usually applied for by foreign organizations.

Prepare Incorporation Documents

File Articles of Incorporation, capital payment certificate, a business plan, identification documents, office lease agreement, and other supportive documents with the concerned authorities.

Corporate Registry and Tax Office

The Legal Registry Office of the Supreme Court oversees company registrations. A business registration certificate, required for business operation, is issued by the National Tax Service (NTS).

Bank Account

Corporate bank account opening in South Korea is a very important post-incorporation activity. It usually involves:

  • Business registration certificate
  • Articles of Incorporation
  • Corporate seal certificate
  • Directors’/shareholders’ identification documents
  • Certificate of capital deposit (in case of pre-registration opening)

Banks might insist on visits and other KYC paperwork. Well-known banks are Shinhan Bank, Kookmin Bank, Woori Bank, and Hana Bank.

Statutory Registrations

National Tax Service (NTS)

The national tax agency of South Korea that collects corporate income tax, VAT, payroll taxes, and monitors tax compliance. Every business is required to register with the NTS within 20 days of opening.

Value Added Tax (VAT)

Enterprises with a turnover of over KRW 30 million (around USD 22,000) are required to register for VAT. VAT returns are submitted quarterly or semiannually, depending on the type of business.

Withholding Tax and Payroll Taxes

Employers deduct and remit withholding taxes from employees, including:

  • Income Tax
  • National Pension
  • Health Insurance
  • Employment Insurance
  • Long-Term Care Insurance

Social Insurance Programs

All employers need to register their employees in the four compulsory social insurance programs:

  • National Pension Service (NPS)
  • National Health Insurance Service (NHIS)
  • Employment Insurance (EI)
  • Industrial Accident Compensation Insurance (IACI)

Workplace Retirement Plans

Employers in South Korea need to have a retirement pension plan in place or offer severance pay that is no less than 30 days’ average wage per year of employment. Employers are required to register the retirement plan with the Ministry of Employment and Labor.

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Employment Relationship

• Permanent Employment

Under South Korea's Labor Standards Act, the term of a labor contract cannot exceed 1 year, except in cases where no term is fixed, or a term is fixed as necessary for the completion of a certain project. There are no statutory requirements for a probationary period for permanent employees. However, industry standards dictate that a probation term should be between 3 to 6 months.

• Fixed-Term or Specific-Purpose Contracts

Under South Korea's Labor Standards Act, employers must provide all employees, regardless of whether they are full-time or part-time, and including those hired for an indefinite term, with a written statement that includes information on the following: Wages Work hours Holidays and annual paid leaves The employer must also provide a written statement to the employee if any of the above terms of the employment contract are changed. The term of a labor contract may not exceed 1 year, unless the employment is for an indefinite duration or the nature of the work requires a longer fixed term. An employer must issue a written statement to an employee specifying the components of the wage, the calculation method, and the payment modality. Any agreement that does not satisfy the standards prescribed by the Labor Standards Act and other binding laws on working conditions will be void to the extent that it fails to meet those legal requirements. The Supreme Court of South Korea maintains that non-compete and non-solicitation clauses in employment contracts are enforceable if they are reasonable. Even if a non-competition agreement exists between an employer and an employee, if such an agreement excessively restricts the employee's freedom of job choice and right to work or excessively restricts free competition, it must be considered invalid.

• Temporary Employment Contratcs

Employees can hire temporary employees through temporary work agencies in South Korea by concluding a written contract. Such employees can be hired for up to 1 year, plus a 1-year extension. Temporary placement is prohibited in case of construction work and harmful or hazardous jobs. South Korea's labor law states that the salaries and benefits of non-permanent workers should be equivalent to those of permanent employees with the same or similar jobs. If the employer violates these obligations in a manner that constitutes unreasonable discrimination, the affected non-permanent workers can request remedial action by filing a detailed statement with the relevant Regional Labour Relations Commission (RLRC) within 6 months of the alleged violation.

Probationary Period

South Korea's Labor Standards Act (LSA) does not limit the length of employee probationary periods. The LSA stipulates that employers do not need to provide the traditional 30-day notice of dismissal during an employee's probationary period. Typically, probationary periods are governed by the employee's individual labor contract and last between 3-6 months.

Working Hours

Per the amended Labor Standards Act of South Korea, standard work hours are 40 hours per week or 8 hours per day. An employer can extend work hours in a particular week or day according to the employee's contract. However, the average work hours per week during a specific period (of not more than 2 weeks) must not exceed 40 hours, and work hours in any particular week shall not exceed 52 hours or 12 hours a day.

Holidays / PTO

• Statutory Holidays

2026

  • January 1 - New Year's Day
  • February 16 - Seollal Holiday
  • February 17 - Seollal
  • February 18 - Seollal Holiday
  • March 1 - Independence Movement Day
  • March 2 - Day off for Independence Movement Day
  • May 1 - Labor Day
  • May 5 - Children's Day
  • May 24 - Buddha's Birthday
  • May 25 - Day off for Buddha's Birthday
  • June 3 - Local Election Day
  • June 6 - Memorial Day
  • July 17 - Constitution Day
  • August 15 - Liberation Day
  • August 17 - Day off for Liberation Day
  • September 24 - Chuseok Holiday
  • September 25 - Chuseok
  • September 26 - Chuseok Holiday
  • October 3 - National Foundation Day
  • October 5 - Day off for National Foundation Day
  • October 9 - Hangeul Proclamation Day
  • December 25 - Christmas Day

2027

  • January 1 - New Year's Day
  • February 6 - Seollal Holiday
  • February 7 - Seollal
  • February 8 - Seollal Holiday
  • February 9 - Day off for Seollal
  • March 1 - Independence Movement Day
  • May 1 - Labor Day
  • May 3 - Day off for Labor Day
  • May 5 - Children's Day
  • May 13 - Buddha's Birthday
  • June 6 - Memorial Day
  • July 17 - Constitution Day
  • July 19 - Day off for Constitution Day
  • August 15 - Liberation Day
  • August 16 - Day off for Liberation Day
  • September 14 - Chuseok Holiday
  • September 15 - Chuseok
  • September 16 - Chuseok Holiday
  • October 3 - National Foundation Day
  • October 4 - Day off for National Foundation Day
  • October 9 - Hangeul Proclamation Day
  • October 11 - Day off for Hangeul Proclamation Day
  • December 25 - Christmas Day
  • December 27 - Day off for Christmas Day

• Paid Annual Leave

Under South Korea's labor law, full-time salaried employees are entitled to 15 days of paid annual leave after 1 year of service with an organization. During their first year of service, employees earn 1 day of leave for every fully worked month (for a total of 11 days of leave). Employees must have at least 80% attendance during any year of service to qualify for paid leave. Employees are entitled to an additional day of leave for every 2 years of consecutive service, not including their first year. However, the statutory leave days earned annually are capped at 25 days. Employee leave continues to accrue when the employee is away on childcare leave. Paid annual leave shall be forfeited if not used within 1 year. However, this shall not apply in cases where the employee has been prevented from using the employer's leave. An employer may conclude an agreement with the employee requiring the employee to take paid leave on particular days.

• Sick Leave

The labor law of South Korea does not require employers to provide leave to employees for non-work-related illnesses or injuries.  Under the Labor Standards Act, employers are required to provide paid leave for work-related illnesses or injuries. An employer shall provide necessary medical treatment at their expense or bear corresponding expenses for an employee who suffers from an occupational injury or disease. An employer shall pay an employee under medical treatment for occupational injury or disease compensation for suspension of work equivalent to 60% of his or her average wages during the period of his or her medical treatment. If an employee suffers from an occupational injury or disease due to their own gross negligence and the employer obtains admission for said negligence from the Labor Relations Commission concerned, the employer shall not be required to provide compensation for suspension of work or disability. An employer shall not dismiss an employee during a period of suspension of work for medical treatment of an occupational injury or disease and within 30 days immediately thereafter.

• Maternity Leave

According to South Korea's Labor Standards Act (LSA), employers must provide pregnant employees with 90 days of maternity leave for a single pregnancy and 120 days for multiple pregnancies, and 100 days for premature births only when the baby requires hospitalization in a Neonatal Intensive Care Unit. This leave can be taken before and after childbirth, but at least 45 days (or 60 days in the case of multiple births) must be used after childbirth. Compensation is funded by the employer for 60 days (75 for multiple pregnancies), while the remaining days are paid from the Employment Insurance Fund, a state-run fund established by the Ministry of Employment and Labor under the Employment Insurance Act of 1993. The 90 days of statutory leave include holidays and Sundays. Any period over the statutorily prescribed 90 days need not be considered paid leave. Although certain limitations exist, maternity leave must be allowed for premature births, miscarriages, and stillbirths. Under the Equal Employment Opportunity and Work-Family Balance Assistance Act, up to 1 year of unpaid leave is provided to a parent with a child up to age 8. Effective February 23, 2025, employees are also entitled to leave in case of a miscarriage or a stillbirth. They must provide their employers with a medical certificate from a medical institution, which includes the reason for the leave request, the date of the miscarriage or stillbirth, and the duration of the pregnancy. The duration of leave depends on the pregnancy period, ranging from 10 days to 90 days.

• Paternity Leave

In South Korea, fathers are entitled to 20 days of paid paternity leave, which must be requested within 120 days of their child's birth. Employees may split paternity leave into 3 different segments.  Employees are entitled to 1 year of childcare leave to raise their biological or adopted children who are 8 years old or younger or in second grade or lower. Childcare leave may be extended 6 months if both parents have taken childcare leave for the same child for at least 3 months each, a single parent as defined under the Single-Parent Family Support Act, or a parent of a child with a disability. Employees may also request reduced working hours for childcare to raise their children who are 12 and under or in the sixth grade and under. The period of reduced working hours can last for up to 1 year. Employers are prohibited from taking any adverse action against employees on paternity leave.

Termination of Employment

• Notice Period

According to South Korea's labor law, when an employer intends to dismiss an employee (including dismissal for business reasons unrelated to the employee's conduct), the employer must give the employee a notice of dismissal of at least 30 days. If the employer fails to give such advance notice, the employer must pay that employee their ordinary wages for no less than 30 days. The notice requirement does not apply where a natural disaster, calamity, or other unavoidable circumstance prevents the continuance of the business, where the employee has caused a considerable hindrance to the business, or where the employee has intentionally inflicted damage to the employer's property.

• Severance Benefits

Per South Korea's labor law, a full-time employee is entitled to receive severance pay equal to at least 1 month's average wages for each year of continuous employment if they have worked for at least 1 year. During the qualifying year, the employee must have worked for more than 15 hours per week or more than 60 hours per month. Severance pay is to be paid within 2 weeks of termination unless otherwise agreed. Additionally, it must be paid regardless of the reason for termination. The employee's "average wages" includes all wages paid by the employer to the employee for the 3 months before the date of departure divided by the total number of days during the same period.

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