South Korea flag

South Korea

South Korea’s best Men’s World Cup finish is fourth place, achieved in 2002 as co-hosts and managed by legendary Dutch coach Gus Hiddink.

Following the 2002 World Cup, Hiddink became the first-ever person to be given honorary South Korean citizenship.

South Korea beat the holders Germany 2–0 in the group stages of the 2018 World Cup.

South Korea have progressed from the group stages on three occasions: 2002, 2018, 2022.

Contributing firm

Lee & Ko

Contacts

Sang-Hoon LEE, William KIM

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

Disciplinary action for unauthorised absence. Prolonged absence (over a week or so, for example) could even result in grounds for termination. No pay for that unauthorised absence period.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

Practically, absent clear evidence of forgery or dishonesty, it will be highly difficult for an employer to substantiate the suspicions. Therefore, there are not many realistic options if the employee submits a medical certificate or other rationale (especially, if the absence involves the use of an accrued PTO). However, if the employer secures evidence of forgery or dishonesty, the employer may consider disciplinary action.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

An employer has a broad duty to maintain a safe working environment, and in principle, the administration of breathalyser tests could fall within the employer’s scope of duties if suspicions exist. However, the employer cannot force or discipline an employee for refusing the breathalyser test. Therefore, if an employee refuses, any further disciplinary action would need to be based on other evidence. Even if the employee consents, we recommend obtaining express written consent before administering breathalyser tests.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

Yes, this is permitted. However, we recommend that the employer provides the OPTION for alternative work hours, so that only those who wish to take advantage of the rearrangement will do so (i.e., specific consent). Others who may be uninterested in the World Cup can work the normal hours.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

Mere access to websites to watch the games could be grounds for very light disciplinary action, such as a warning. However, if the employer can demonstrate illegal activities through the inappropriate access, a heavier sanction can be considered.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

Unless the misconduct occurred during a work-related event after work hours, the employer would be unable to discipline an employee for misconduct during personal, private time. However, if due to the consequences (e.g., hospitalization, arrest) the employee is unable to attend work, for example, the employer may consider disciplinary sanctions as appropriate.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

If the day is officially declared as a holiday, work on that day will be subject to extended/holiday work allowances under the law – similarly to work on any other public holiday.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

Practically, good-natured competition within the workplace would be difficult to discipline. There are no restrictions on the amount of money or compensation related to these activities. Of course, if the activities result in other disciplinary grounds such as altercation, harassment, distraction from work performance, systematic gambling culture, employer may consider action depending on the facts.

4 May employers prohibit public displays of rival country team colours in the workplace?

You can suggest it to reduce workplace animosity. However, the employer would be unable to discipline an employee for displaying colours.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

No, the impact on the employees would be the same irrespective of whether the games are played by men or women. The risk would be lower for allowing time for home nation games because there is a justifiable ground (i.e., it’s the home team and “home” would be interpreted as Korea (applied to all who live here) instead of the country of origin).

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

N/A