
Legal Q&A
Q
Views9,435
I worked under a freelancer contract, but in reality I commuted at fixed times every day and worked like an employee under the instructions of the company's team leader. After working for 13 months, I requested severance pay, but the company says, "Freelancers have no severance pay." Can I too receive freelancer severance pay?
Freelancer severance pay
Answer
Published:
Author : Byung Joon KOH
Yes, you can receive it.
Even if, on the surface, a 'freelancer contract' was concluded, if the actual form of work corresponds to that of an employee, a claim for freelancer severance pay is possible.
Under Articles 4 and 8 of the Employee Retirement Benefit Security Act, ① if the continuous period of service is 1 year or more and ② the average weekly working hours are 15 hours or more, severance pay can be paid.
Therefore, if your commuting times were fixed, and you worked in a subordinate relationship under the company's work instructions and supervision, there is a high possibility that you will substantively be recognized as an employee.
The criteria for determining employee status are as follows.
∙ Whether the rules of employment and personnel regulations apply
∙ Whether there is any constraint as to the place of work and working hours
∙ Whether there are work instructions and supervision
∙ To whom ownership of work tools or raw materials belongs
∙ Whether the person bore the risk of running a business on their own
∙ Whether the work could be substituted by hiring a third party
∙ The nature of the remuneration (whether it is performance-based pay or fixed pay)
∙ Whether the person is enrolled in the four major insurances
If, taking the above circumstances comprehensively, you are recognized as an employee, then even if you entered into a freelancer contract, you can receive freelancer severance pay.
In principle, severance pay is paid within 14 days after retirement.
If this is not complied with, you can file a report with the local employment and labor office having jurisdiction over the workplace, or file a complaint through the Ministry of Employment and Labor website, so we recommend that, with the help of Daeryun (Korea's 9th-largest law firm based on 2025 National Tax Service value-added tax filings), which provides tailored legal services, you check carefully and then respond in relation to freelancer severance pay.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ client requests per month
* 2026년 1월 변호사협회 경유증표 발급 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
More
Byung Joon KOH
T. 070-5221-2805
Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law

YoungKon CHO
T. 070-7510-2014
Experience as Head of the Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/Sex Crimes/Drugs
Key Case Results
MoreRelated Practice Areas
MoreAll fields At a glance
1/0