If a Former Employer Won't Issue Your Career Certificate: Article 39 Says Request It Within 3 Years and It Must Be Issued 'Immediately', With Only the Items You Ask For

The legal name of a career certificate is a "certificate of employment"

People call it a career certificate or an employment certificate, but the formal name in Article 39 of the Labor Standards Act is the certificate of employment (sayong jeungmyeongseo). The items the law lists are period of employment, type of work, position and wages, and other necessary matters. Even if the company says "our form is different," the employer must still hand over a certificate that truthfully states these matters once you request it.

Who can request it, and until when

Article 39(1) says a worker may request it even after leaving the job. Article 19 of the Enforcement Decree limits eligible workers to those who worked continuously for 30 days or more, and sets the request period at within three years after leaving. You do not have to be a permanent employee; if your service exceeded 30 days, you may be covered. If you are close to the three-year mark, do not put it off, and request it now.

The employer must issue it "immediately"

The provision says that when you request it, the employer must issue a truthful certificate immediately. The text contains no processing period in days. An answer such as "HR will sort it out next month" has weak support in the law. In practice, however, the staff member may need time to check records, so it is important to note the date on which you made the request.

Only the items you ask for may be written

Article 39(2) says the certificate must state only the matters the worker has requested. If your new employer needs only the period of employment and your duties, you can ask for just those. If the company adds a reason for leaving or an evaluation that you did not ask for, that does not fit this rule. Going further, Article 40 prohibits creating secret codes or lists, or sending communications, with the aim of obstructing a worker's employment, and a violation carries up to five years in prison or a fine of up to KRW 50 million. What goes on the certificate and the act of obstructing employment are treated separately in the law.

Three years is the practical limit because of record retention

Article 42 requires the employer to keep the worker register and important documents on employment contracts for three years. The documents listed in Article 22 of the Enforcement Decree include employment contracts, wage ledgers and records on hiring, dismissal and retirement. The period runs from the day of retirement for the worker register, from the day the employment relationship ended for the contract, and from the date of the last entry for the wage ledger. It is not illegal for a company to discard records after three years, so the practical benchmark is to request the certificate within three years of leaving. If you never had a written contract, see how to claim wages and severance pay even without an employment contract.

If it is never issued: an administrative fine, and the report line is 1350

An employer who violates Article 39 may be subject to an administrative fine of up to KRW 5 million under Article 116(2). Violations of the certificate of employment, the worker register and the record-keeping rules sit in the same clause. Article 114, which lists criminal penalties, does not include Article 39, so this is an administrative fine, not a criminal fine or punishment. The actual imposition is decided after the Ministry of Employment and Labor checks the facts. If you are refused, you can file a complaint or report with a regional office of the Ministry, and the phone number is 1350 with no area code. The same desk is often used when you cannot get a similar document, such as a separation certificate or a wage statement.

Request it in a way that leaves a record, and be specific

What follows is not statute but a practice we recommend. Requesting by email or text message leaves a date and content, unlike a phone call. In the message, list the items specifically, for example: "I request a certificate of employment stating my period of employment, duties, position and wages." A reason for leaving is not written unless you ask for it. If your new employer has a form with specific items, copy that wording as it is. For paperwork from the start of a job, the difference in penalties when no written contract was made is also useful.

If the company has closed or cannot be reached, and a summary of the steps

If the company has closed or contact has been cut off and you cannot get a certificate, you can show your career through your social insurance enrollment history. The usual documents are the National Pension and National Health Insurance certificates of enrollment history and the Employment Insurance record of insured status. Ask for guidance on issuing them at the Four Major Social Insurance Information Linkage Center or the complaint desks of the National Pension and National Health Insurance services. It is also wise to ask in advance which documents your new employer will accept.

The order is this. First, confirm that three years have not passed since your last day. Second, make the request by email or text, listing the items you need. Third, if there is no answer, gather your records and file a complaint with a regional office of the Ministry of Employment and Labor (1350). Fourth, if the company no longer exists, use your insurance records instead. This article is general information, does not replace legal advice, and conclusions can differ depending on the facts, so confirm your specific case with the Ministry of Employment and Labor or a labor attorney.