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South Korea: why confirm a former employee's job?

Every Korean employer must certify the period of employment, the type of work and the position whenever a former worker asks, even after they have left. Confirming the same facts takes a minute and helps the person into their next job. certo asks on their behalf, with their explicit consent.

Law as of 26 October 2026 · 개인정보 보호법 (Act No. 21445), in force from 11 September 2026; 근로기준법 (Act No. 21533), in force from 8 October 2026

In short

  • The facts are already on paper. Even after a worker has left, the employer must issue at once, when the worker asks, a certificate of the period of employment, the type of work and the position, stating the facts as they are (Labor Standards Act, Art. 39(1)). Those are the facts we ask about.
  • It helps the person who worked for you. A record confirmed by a former employer is what the next employer trusts. Answering takes about a minute and needs no account.
  • certo asks on their behalf, with their explicit consent. The Personal Information Protection Act lets a controller give personal data to a third party with the data subject's consent (Art. 17(1)). The person started this check themselves, for these facts and no others.
  • You do not have to answer. No Korean law obliges an employer to answer certo. Declining is fine.

The Labor Standards Act

근로기준법, as in force from 8 October 2026. Quoted from the National Law Information Center (law.go.kr).

Art. 39(1): the certificate of employment

사용자는 근로자가 퇴직한 후라도 사용 기간, 업무 종류, 지위와 임금, 그 밖에 필요한 사항에 관한 증명서를 청구하면 사실대로 적은 증명서를 즉시 내주어야 한다.

In English: even after a worker has left, when the worker asks for a certificate on the period of employment, the type of work, the position and wages, or other necessary matters, the employer must issue at once a certificate stating the facts as they are. We ask only about the dates and the job, so your records already hold them. (The Enforcement Decree, Art. 19, gives this right to a worker employed for 30 days or more, for three years after leaving.)

Art. 39(2): only what the worker asks for

제1항의 증명서에는 근로자가 요구한 사항만을 적어야 한다.

In English: the certificate must state only the matters the worker asked for. certo works the same way: the person chose each fact, and you confirm only those.

Art. 40: no interference with finding work

누구든지 근로자의 취업을 방해할 목적으로 비밀 기호 또는 명부를 작성ㆍ사용하거나 통신을 하여서는 아니 된다.

In English: no one may make or use secret marks or lists, or communicate, in order to keep a worker from finding work. The request comes from the person, to help them find work, and asks only for the facts they chose.

What is never asked

The Fair Hiring Procedure Act (Art. 4-3) bars an employer from asking a job applicant for details the job does not need: appearance, height, weight and other physical traits, home region, marital status and property, or the education, occupation and property of their family. certo never asks you about any of these.

Personal data

개인정보 보호법 (the Personal Information Protection Act, PIPA), as in force from 11 September 2026.

Art. 17(1): providing personal data to a third party

개인정보처리자는 다음 각 호의 어느 하나에 해당되는 경우에는 정보주체의 개인정보를 제3자에게 제공(공유를 포함한다. 이하 같다)할 수 있다. …

  1. 정보주체의 동의를 받은 경우

In English: a personal information controller may provide a data subject's personal data to a third party (including sharing it) where the data subject has consented.

  • Consent, specific to this request. Art. 17(2) says what the person must know when consenting: who receives the data, for what purpose, which items, for how long, and that they may refuse. The person named the recipient (certo), the purpose (confirming this job on their CV) and each item themselves, and chose to send it. If your policy is to collect consent on your own form, you may decline instead.
  • Proof of consent. certo records which account asked, when, and for which facts. Write to support@certo.bio and we send you the record for your request.
  • Only what is needed. You confirm or leave unticked only the facts listed (Art. 3(1), the minimum necessary). Add nothing else: anything beyond them is not covered by the person's consent.

What this means for your answer

  • Tick only what your HR, payroll or personnel records show.
  • Not sure it is the same person? Press "We can't find a matching record". Never confirm a record you are not sure is theirs.
  • Your policy is not to answer? Press "We do not answer these requests". The record shows your organisation declined, and nobody else there is asked.

Sources

This page is not legal advice. It reflects the law as it stood on 26 October 2026.