HR Record Retention Requirements

South Korea - Summary Chart

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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)

 


Led by PeopleDoc’s Chief Legal & Compliance Officer, the HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers, including the global law firm Morgan Lewis, to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where PeopleDoc’s customers have employees. HR Compliance Assist is a service exclusively available to PeopleDoc customers.

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