The Millo Blog Editorial Team reviewed official sources from the Ministry of Employment and Labor and Easylaw. Updated August 1, 2026.
If you are employed in South Korea, you are legally entitled to the national minimum wage regardless of your nationality, employment type, or the specific visa you hold. Understanding your minimum wage rights for foreign workers in Korea is essential to ensuring you are paid fairly and are protected from workplace exploitation. Under the Minimum Wage Act, the government mandates a baseline hourly rate that all employers must pay, ensuring that foreign residents—including those on E-9 and H-2 visas—receive the same basic financial protections as Korean citizens.
Do foreign workers have the same minimum wage rights as Korean citizens?
Yes. The Minimum Wage Act applies universally to all employees working within South Korea. The law does not distinguish between the nationality of the worker or the terms of their residency. Whether you are a professional on a specialized visa or a manual laborer, your employer is legally required to pay at least the minimum hourly rate determined for the current year.
This protection is particularly critical for those utilizing the government’s employment permit systems. For example, workers under the General Employment Permit System (E-9) and the Special Employment Permit System (H-2) are fully covered by these regulations. An employer cannot create a separate, lower pay scale specifically for foreign nationals.
Comparison of Employment Permit Systems
| Feature | General Employment Permit (E-9) | Special Employment Permit (H-2) |
|---|---|---|
| Target Group | Workers from MOU-signed countries | Ethnic Koreans from China/Former Soviet Union |
| Minimum Wage Eligibility | Fully Protected | Fully Protected |
| Legal Framework | Act on Foreign Workers’ Employment | Act on Foreign Workers’ Employment |
Which employment sectors are covered by minimum wage laws?
Minimum wage protections are not limited to office jobs or specific industries. The Minimum Wage Commission ensures that the law extends across all standard employment sectors. This means that if you are working in any of the following areas, you are entitled to the legal minimum rate:
- Manufacturing: Factory work, assembly lines, and production plants.
- Construction: Site labor, specialized trade work, and general contracting.
- Agriculture: Farming, greenhouse work, and livestock management.
- Services: Hospitality, retail, cleaning, and food services.
Regardless of the physical nature of the work or the sector’s size, the legal requirement to pay the minimum wage remains absolute.
Is it legal for an employer to pay less based on visa status?
No. It is strictly illegal for an employer to reduce a worker’s pay because they are a foreign national or because the employer is sponsoring their visa. Visa sponsorship is a legal requirement for residency and employment, but it is not a tool that allows employers to bypass labor laws.
Common misconceptions that employers may use to justify lower pay include claiming that the worker is in a “training period” or that the visa status allows for a lower rate. None of these justifications are legally valid under the Minimum Wage Act. Any agreement made between an employer and a worker to accept a wage lower than the legal minimum is null and void; the law overrides any private contract that underpays the worker.
How to verify the current legal hourly rate
The minimum wage in Korea is adjusted annually by the Minimum Wage Commission to reflect changes in the cost of living and economic conditions. Because the rate changes every January 1st, you must verify the specific hourly rate for the current calendar year.
To find the most accurate and up-to-date figure, you should refer to the Ministry of Employment and Labor (MOEL). Employers are required to inform their workers of the current minimum wage, but verifying this independently through official government channels is the safest way to ensure you are being paid correctly.
What steps should you take if you are underpaid?
If you discover that your pay is below the legal minimum, or if your employer is withholding wages, you have the right to seek government intervention. You do not need to fear that reporting a wage violation will automatically result in the loss of your visa, as labor protections are designed to prevent exploitation.
- Gather Evidence: Collect your employment contract, bank statements showing deposits from your employer, and any records of hours worked (such as time cards or personal logs).
- Request Correction: If you feel safe doing so, bring the current legal minimum wage rate to your employer’s attention in writing and request the unpaid difference.
- File a Formal Complaint: If the employer refuses to pay, you can file a petition for unpaid wages with the Ministry of Employment and Labor.
- Seek Counseling: Use official government help lines to understand your specific case before filing a claim.
Official Support Channels
The Ministry of Employment and Labor provides dedicated counseling for workers. You can contact the labor law counseling center via the following methods:
- Domestic Phone: Dial 1350 (ext. 5)
- Overseas Phone: +82-52-702-5089 (ext. 5)
Frequently Asked Questions
Does the minimum wage apply to part-time foreign workers?
Yes. The Minimum Wage Act applies to all employees, including part-time and temporary workers, regardless of the number of hours they work per week.
Can my employer deduct “visa fees” from my minimum wage?
Generally, the minimum wage must be paid in full. Illegal deductions for sponsorship or administrative fees that bring your take-home pay below the legal hourly minimum are a violation of labor laws.
What happens if I signed a contract agreeing to a lower wage?
As mentioned previously, any contract clause that sets a wage lower than the statutory minimum is legally invalid. The law takes precedence over your signed agreement, and you are still entitled to the full minimum wage.
Next steps for foreign workers
To protect your earnings, your first step should be to download the current year’s minimum wage announcement from the MOEL website. Compare this rate against your most recent pay stub. If you find a discrepancy, begin documenting every hour worked and every payment received immediately. For personalized legal guidance, contact the MOEL counseling line at 1350.
Official sources
- Easylaw: Foreign Worker Employment Procedures and Labor Conditions
- Easylaw: Employment Methods by Residency Status
- Ministry of Employment and Labor (MOEL) Official English Portal