Are Native English Teachers Granted the Same Labor Rights as Korean Workers?

 

Legal Protections for Native English Teachers

South Korea’s laws and constitution promise equal rights and protection from discrimination for every worker. However, many native English teachers wonder if these protections truly apply to them. The good news is, native English teachers in Korea’s private academies and schools are recognized as legal employees with the same labor rights as Korean citizens (except for rare exceptions).

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Constitution of the ROK

Article 11 (1)

“All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status.”

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Labor Standards Act

Article 6 (Equal Treatment)

“An employer shall neither discriminate against employees on the basis of gender, nor take discriminatory treatment in relation to terms and conditions of employment on the ground of nationality, religion, or social status.”

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Whether a native English teacher qualifies as a “worker” under the Labor Standards Act DOES NOT depend on the job title or contract label (such as “freelance” vs. “employee”), but on the actual nature of the working relationship. If the teacher performs labor under the school’s (employer) direction and control in exchange for wages, they are considered an employee.

Factors that indicate an employee relationship include:

• Employer/School defines the work and tasks
• Subject to company policies and rules
• Employer/School supervises and directs the work
• Work hours and location are set by the employer/school
• Worker/Teacher does not independently own tools or materials
• Worker/Teacher cannot hire substitutes
• Worker/Teacher bears no financial risk of profit or loss
• Compensation is tied to the work performed
• A fixed or base salary is provided
• Employer/School withholds income tax
• Work is continuous and dedicated to one employer/school
• Employee/Teacher status recognized under social security laws

Given these criteria, most native English teachers employed by private academies and schools in Korea are legally classified as employees under the Labor Standards Act. This classification guarantees them equal labor rights, fair treatment, and protections equivalent to those enjoyed by Korean workers.