Summary of South Korean laws related to recruitment procedures in businesses with fewer than 5 employees.

○ The "Act on the Fairness of Recruitment Procedure" (Recruitment Procedure Act) applies to companies with 30 or more employees.

   ⇒ Companies with 4 or fewer employees are not subject to this law.

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○ Other laws to be aware of

1. Personal Information Protection Act

• Article 23, Article 24, Article 71, Paragraph 3 and 4
• "Unique identifying information," "Sensitive information"
  : Can only be collected when specifically specified by law.
• Other personal information can only be collected with separate consent.
• Only necessary personal information for recruitment success should be collected in accordance with the law. ​​

 

2. Basic Employment Promotion Act Section

• Article 7. Discrimination is not allowed without a reasonable reason, and equal employment opportunities must be guaranteed. ​​

 

3. Gender Employment Equality

• Employers cannot discriminate based on gender when recruiting or hiring workers.
• Employers cannot request unnecessary conditions for job performance when hiring female workers (appearance, height, weight, marital status, etc.).
• Only hiring based on gender can be allowed when it is difficult to perform the job normally due to the nature of the work. ​

 

4. Employment Security Act

• Article 34, Paragraph 1: False job postings or false employment conditions cannot be advertised.