HR Record Retention Requirements

South Korea - Summary Chart

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South Korea

Document

Retention Period

Beginning of Retention Period

Legal Reference

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 3 years

From date of termination

Labor Standards Act, Art. 42; Enforcement Decree of the Labor Standards Act, Art. 22

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

Minimum 3 years

From creation of record

Labor Standards Act, Arts. 42 & 48; Enforcement Decree of the Labor Standards Act, Art. 22 & 27

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

Minimum 3 years Documents concerning disciplinary measures relating to sexual harassment on the job: Minimum 3 years Ledger of acceptance and handling of grievances: Minimum 3 years for employer; and, minimum 1 year for Grievance Handling Committee Member

From creation of record

Equal Employment and Support for Work-Family Reconciliation Act, Art. 33; Enforcement Decree of the Equal Employment Opportunity and Support for Work-Family Reconciliation Act, Art. 18(3) & Article 19; Enforcement Decree of the Act on the Promotion of Workers' Participation and Cooperation, Art. 9

Data and personnel files

Minimum 3 years

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

Labor Standards Act, Arts. 41 & 42; Enforcement Decree of the Labor Standards Act, Art. 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, Arts. 20 & 22

Collective bargaining/union

Minutes of meetings; financial records and labor union documents: Minimum 3 years Minutes of labor-management council: Minimum 3 years

From creation of record

Trade Union and Labor Relations Adjustment Act, Arts. 14; Act on the Promotion of Workers' Participation and Cooperation, Art.19 (2)

Background checks and drug tests

N/A

N/A

N/A

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, Arts. 20 & 22

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

Note: There is currently a conflict between statutes Fair Procedure Act: Individuals who aren't hired - Period determined by the employer within the range of 14 to 180 days for records of applicants not hired Labor Standards Act: Hired employees - Minimum 3 years Act on Equal Employment and Support for Work-Family Reconciliation: Minimum 3 years, regardless of whether applicant is hired

Individuals who aren't hired: From date which decision was made Hired employees: From date of termination

Labor Standards Act, Art. 42; Enforcement Decree of the Labor Standards Act, Art. 22 Fair Hiring Procedure Act, Art. 11; Enforcement Decree of the Fair Hiring Procedure Act, Art. 3 Act on Equal Employment and Support for Work-Family Reconciliation, Art. 33; Enforcement Decree of the Act on Equal Employment and Support for Work-Family Reconciliation, Art. 19

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

Miscellaneous 1

Register of Workers: Minimum 3 years

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

Labor Standards Act, Arts. 41 & 42; Enforcement Decree of the Labor Standards Act, Art. 22

Miscellaneous 2

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, Art. 42; Enforcement Decree of the Labor Standards Act, Art. 22

Miscellaneous 3

Documents verifying preventative education on sexual harassment: Minimum 3 years

From creation of record

Act on Equal Employment and Support for Work-Family Reconciliation, Art. 33; Enforcement Decree of the Act on Equal Employment and Support for Work-Family Reconciliation, Art. 19

Miscellaneous 4

Ledger for Management of Utilization Business (relating to temporary workers): Minimum 3 years

From end date of dispatch

Act on the Protection, Etc. of Temporary Agency Workers, Art. 33; Enforcement Rules of Act on the Protection, Etc. of Temporary Agency Workers, Art. 17 (3)

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum 3 years

From creation of record

Labor Standards Act, Arts. 42 & 48; Enforcement Decree of the Labor Standards Act, Art. 22 & 27

Pension and retirement records

Minimum 3 years Documents verifying workplace-based insured person or person who has lost such status for national pension: Minimum 5 years

From creation of record

Labor Standards Act, Arts. 42 & 48; Enforcement Decree of the Labor Standards Act, Arts. 22 & 27; National Pension Act, Art. 23 (3); Enforcement Rules of National Pension Act, Art. 18

Equity records

N/A

N/A

N/A

Miscellaneous 1

Health insurance records, including management of eligibility requirements and calculation of insurance contributions: Minimum 3 years

From creation of record

National Health Insurance Act, Art. 96-2 (2); Enforcement Rules of National Health Insurance Act, Art. 58 (3)

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum 3 years

From date of last entry

Labor Standards Act, Arts. 48; Enforcement Decree of the Labor Standards Act, Art. 22

Tax records

Minimum 5 years

From date when deadline for returns expires

Corporate Tax Act, Art. 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, Arts. 91 & 92; Enforcement Decree of the Labor Standards Act, Art. 22 Act on Equal Employment and Support for Work-Family Reconciliation, Art. 33; Enforcement Decree of the Act on Equal Employment and Support for Work-Family Reconciliation, Art. 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, Art. 91 (Keeping of Documents) & 92 (Prescription)

Medical records

Minimum 3 years Health diagnosis results table: Minimum 5 years Records relating to employees handling carcinogenic substances (designated by Minister of Employment and Labor): Minimum 30 years

From creation of record

Occupational Safety & Health Act, Art. 64 (Keeping of Documents); Enforcement Rules of Occupational Safety & Health Act, Art.107

Hazardous material and other exposure records

Minimum 3 years

From creation of record

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

Miscellaneous 1

Occupational Health and Safety Committee meeting minutes; and, Council on Safety and Health meeting minutes: Minimum 2 years

From creation of record

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

Miscellaneous 2

Documents relating to: (a) industrial accident incidents; (b) appointing individuals to be in charge of management, safety officers, health officers, a person in charge of safety and health management, and occupational health doctors; (c) descriptions taken for safety and health measures (as specified by the Ordinance of the Ministry of Employment and Labor); (d) investigations of the harmfulness and danger of chemical substances; measuring working environments: Minimum 3 years

From creation of record

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

Ultimate Software's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers 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 Ultimate Software's customers have employees. HR Compliance Assist is a service exclusively available to Ultimate Software customers.

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