HR Record Retention Requirements

South Korea

DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 3 years

From date of termination

Labor Standards Act, Article 42; Enforcement Decree of the Labor Standards Act, Article 22

Time records (work hours, rest periods, vacation/sick/holiday, etc.)

Minimum 3 years

From date of completion of record

Labor Standards Act, Articles 42 & 48; Enforcement Decree of the Labor Standards Act, Article 22 & 27

Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)

Minimum 3 years

From date of completion of record

Labor Standards Act, Articles 42; Enforcement Decree of the Labor Standards Act, Article 22

Data and personnel files

Minimum 3 years

From date of dismissal, retirement, or death of a worker

Labor Standards Act, Articles 41 & 42; Enforcement Decree of the Labor Standards Act, Article 20 & 22

Government verification records (work papers, immigration, eligibility to work, etc.)

Minimum 3 years

From date of termination

Labor Standards Act, Articles 41 & 42; Enforcement Decree of the Labor Standards Act, Article 20 & 22

Collective bargaining/union

Minimum 3 years

From creation of record

Trade Union and Labor Relations Adjustment Act, Articles 14

Background checks and drug tests

Minimum 3 years

From date of dismissal, retirement, or death of a worker

Labor Standards Act, Articles 41 & 42; Enforcement Decree of the Labor Standards Act, Article 20 & 22

Acknowledgements, policy agreements and required notices

Minimum 3 years

From date of agreement

Labor Standards Act, Articles 41 & 42; Enforcement Decree of the Labor Standards Act, Article 20 & 22

Recruitment (interview notes, resumes/CVs, reference checks, etc.)

Individuals who aren't hired: Period determined by the employer within the range of 14 to 180 days for records of applicants not hired

Hired employees: Minimum 3 years

Individuals who aren't hired: From date which decision was made

Hired employees: From date of termination

Labor Standards Act, Article 42; Enforcement Decree of the Labor Standards Act, Article 22

Fair Hiring Procedure Act, Article 11; Enforcement Decree of the Fair Hiring Procedure Act, Article 3

Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)

Not specifically regulated. However, the best practice is that if such tracking/recording includes any personal information, the tracking/recording should be destroyed immediately when the purpose for obtaining such information becomes no longer necessary.

N/A

Best practice based on PIPA

Register of Workers

Minimum 3 years

From date of dismissal, retirement, or death of a worker

Labor Standards Act, Articles 41 & 42; Enforcement Decree of the Labor Standards Act, Article 22

Minor Certificates (for employees under 18 yrs.)

Minimum 3 years (certificate to be kept at minor employee's workplace)

From date minor turns 18 or terminates employment

Labor Standards Act, Article 42; Enforcement Decree of the Labor Standards Act, Article 22

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum 3 years

From date of completion of record

Labor Standards Act, Articles 42 & 48; Enforcement Decree of the Labor Standards Act, Article 22 & 27

Pension records

Minimum 3 years

From date of completion of record

Labor Standards Act, Articles 42 & 48; Enforcement Decree of the Labor Standards Act, Article 22 & 27

Equity records

Minimum 3 years

From date of completion of record

Labor Standards Act, Articles 42 & 48; Enforcement Decree of the Labor Standards Act, Article 22 & 27

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum 3 years

From date of last entry

Labor Standards Act, Articles 48; Enforcement Decree of the Labor Standards Act, Article 22

Tax records

Minimum 5 years

From date when deadline for returns expires

Corporate Tax Act, Article 116

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Documents related to leave - Minimum 3 years

Accident compensation related leave records - longer of 3 years (Statute of Limitation for Accident Claims) or until accident compensation is finished

Leave records - From date of leave

Accident leave records - From date of injury/incident

Labor Standards Act, Articles 91 & 92;
Enforcement Decree of the Labor Standards Act, Article 22
Act on Equal Employment and Support for Work-Family Reconciliation, Article 33; Enforcement Decree of the Act on Equal Employment and Support for Work-Family Reconciliation, Article 19

Injury and illness incident reports

Accident compensation related records - longer of 3 years (Statute of Limitation for Accident Claims) or until accident compensation is finished

From date of injury/incident

Labor Standards Act, Article 91 (Keeping of Documents) & 92 (Prescription)

Medical records

Minimum 3 years

From creation of record

Occupational Safety & Health Act, Article 64 (Keeping of Documents)

Hazardous material and other exposure records

Minimum 3 years

From creation of record

Occupational Safety & Health Act, Article 64 (Keeping of Documents)