[Criminal Record Inquiry] Is it okay to inquire about the criminal records of employees?
Article posted in 2025-04-23 17:03:04 | VEAT
Law firm Veat recently received an inquiry from a manufacturing-based e-commerce startup (hereinafter referred to as the "Client") regarding whether it is permissible under the laws of the Republic of Korea to obtain criminal record data when hiring employees and executives of its subsidiaries. We have conducted a detailed legal review in response.
Criminal record checks: You need to know how to do them.
Obtaining criminal record checks is particularly sensitive information, and acquiring it arbitrarily may subject you to strict sanctions according to relevant laws. Accordingly, Law firm Veat first examined the applicability of the "Act on the Expiration of Punishment, etc." (hereinafter referred to as the "Expiration of Punishment Act").
According to Article 6(3) of the Expiration of Punishment Act, no one shall acquire criminal record data unless they have a legitimate reason based on laws. However, such acquisition is permissible in cases such as when necessary for criminal investigation or trial, when criminal record checks and reporting are expressly allowed under a specific law (e.g., there are criminal record check regulations under the "Act on the Protection of Children and Juveniles"), etc.
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Act on the Expiration of Punishment, etc. Article 6(Restrictions on Criminal Record Checks, Investigation Record Checks, and Reporting, etc.) ① Criminal record checks and investigation record checks based on investigation data tables and related reports may be conducted, in whole or in part, only within the minimum scope necessary for the purpose of the investigation, in cases falling under any of the following: 1. When necessary for criminal investigation or trial 2. ~ 8. (Omitted) 9. When necessary to confirm disqualification reasons, disciplinary procedures for public officials, specific reasons for disciplinary actions (limited to criminal record checks and related reports), or limitations on payment of public officials' pension, as stipulated in other laws. 10. In cases where other laws stipulate that criminal record checks and investigation record checks and related reports should be conducted. ③ No one shall acquire criminal record data or investigation record data for the purpose of using it for purposes other than those specified in Article 1. |
If you arbitrarily acquire criminal record data without falling under the above-mentioned reasons, you may be subject to imprisonment for up to two years or a fine of up to 20 million won (Article 10(2) of the Expiration of Punishment Act), so caution is required.
Law firm Veat provided legal advice to the Client regarding whether the Client's acquisition of criminal record data of its subsidiary employees and executives is permissible under the laws of the Republic of Korea, based on specific facts and circumstances, including relevant laws, the nature of the services provided by the Client, and the nature of the employees and executives being hired.
Manage legal risks in the employee recruitment process – partner with Law firm Veat.
In corporate operations, the personnel and recruitment process goes beyond simple workforce acquisition; it's a crucial element that affects the company's reputation. Especially when employees or executives of a subsidiary or external collaborating organization directly communicate with clients or are involved in major tasks, the trustworthiness and morality of those personnel can significantly impact the company's overall image.
Therefore, Law firm Veat not only reviewed the laws but also suggested alternative solutions to prevent the hiring of individuals with criminal records.
Thus far, Law firm Veat has provided tailored legal advice to various companies to ensure compliance with legal obligations.
Therefore, if you have concerns about legal risks in the employee recruitment process, compliance with relevant laws, or improvements necessary to adhere to them, please feel free to contact Law firm Veat. Law firm Veat will provide your company with legal advice tailored to your specific circumstances, enabling you to focus on your core business.
This case study can also be viewed on the Law firm Veat blog.
- [Criminal Record Checks] Can we check the criminal records of employees?
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