Can I receive freelancer severance pay?

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.