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Korea’s “Blind Hiring Act” Takes Effect on July 17, 2019

Earlier in 2019, the National Assembly amended the Fair Hiring Procedure Act (the “FHPA”) to (i) prohibit certain corrupt hiring practices, such as lobbying and offering gifts; and (ii) prohibit employers from requesting personal information, such as information about an applicant’s physical appearance and hometown, that is unrelated to the legitimate requirements of the job or the applicant’s merit. This amendment will become effective on July 17, 2019, and the maximum fines for violating these new prohibitions will be up to KRW 30 million for violating (i), and up to KRW 5 million for violating (ii). The FHPA only applies to employers with 30 or more employees; smaller employers are exempt.

The Ministry of Employment and Labor (“MOEL”) has just published a manual (the “Manual”) on July 12, 2019, to help companies understand and comply with the amended FHPA, which many are calling the “Blind Hiring Act.” The Manual is available in this link (in Korean only).

By Yulchon LLC, South Korea, a Transatlantic Law International Affiliated Firm.

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