5 Unfair Dismissal Cases in Korea and How to File for Relief — Foreign Workers' Guide

What Is Unfair Dismissal (부당해고)?

Article 23 of the Labor Standards Act (근로기준법 제23조) requires that an employer must have just cause to dismiss a worker. Any dismissal carried out without just cause, or without following the required procedures, constitutes unfair dismissal (부당해고). If a dismissal is recognized as unfair, the worker may be reinstated to their original position or receive wages equivalent to the period of dismissal.

Note for foreign workers: Your employment contract may set terms above the statutory minimum, but it cannot fall below the protections described here.

5 Common Unfair Dismissal Cases

1. Dismissal Notified Verbally Without Written Notice

Article 27 of the Labor Standards Act (근로기준법 제27조) requires that an employer must notify a worker of the reason for dismissal and the date of dismissal in writing. If dismissal is communicated only via KakaoTalk message or phone call, it constitutes a procedural violation and is therefore unfair dismissal — even if the underlying reason for dismissal is valid. The Supreme Court interprets the written-notice requirement strictly (see Supreme Court Decision 2011다42324).

2. Immediate Dismissal Without 30 Days' Advance Notice

An employer must give notice of dismissal at least 30 days before the intended dismissal date. If advance notice is not given, the employer must pay at least 30 days' ordinary wages as a dismissal advance-notice allowance (근로기준법 제26조). Notifying a worker of dismissal on the same day without providing this allowance may constitute unfair dismissal.

3. Dismissal During Pregnancy, Maternity Leave, or Parental Leave

Article 23, Paragraph 2 of the Labor Standards Act (근로기준법 제23조 제2항) absolutely prohibits dismissal during maternity leave (산전후휴가), parental leave (육아휴직), and within 30 days after such leave ends. Dismissal during this period is void regardless of whether the reason is otherwise valid. There are numerous cases in which employers were found guilty of unfair dismissal after pressuring workers to resign immediately upon returning from parental leave.

4. Layoff (Redundancy) That Does Not Meet the Statutory Requirements

A layoff for managerial reasons (정리해고, also known as 경영상 해고) must satisfy all four of the following requirements under Article 24 of the Labor Standards Act (근로기준법 제24조):
1. Urgent managerial necessity
2. Genuine efforts to avoid dismissal
3. Selection of workers for dismissal based on rational and fair criteria
4. Prior consultation with the workers' representative at least 50 days before the dismissal

Dismissing workers simply on the grounds that "business is difficult," without meeting all four requirements, will be ruled unfair dismissal.

5. Disciplinary Dismissal Without Following Disciplinary Procedures

If the company's work rules (취업규칙) or collective agreement (단체협약) prescribe procedures such as convening a disciplinary committee or providing the worker an opportunity to explain their position, those procedures must be followed without exception. A disciplinary dismissal carried out without following these procedures may be ruled unfair dismissal due to lack of procedural legitimacy — even if the substantive reason for dismissal exists.

How to File a Dismissal Relief Claim (해고구제신청)

A worker who has been unfairly dismissed must file a relief claim with the competent Regional Labor Relations Commission (지방노동위원회) within 3 months of the date of dismissal (Article 28 of the Labor Standards Act, 근로기준법 제28조). Missing this deadline makes it impossible to file a claim at all, so immediate action is critical.

When filing a claim, gather as much relevant evidence as possible, including:
- Dismissal notification texts or emails
- Employment contract (근로계약서)
- Pay stubs (급여명세서)
- Company work rules (취업규칙)

If you disagree with the Regional Labor Relations Commission's ruling, you may use the three-stage appeal process: re-examination by the National Labor Relations Commission (중앙노동위원회), followed by administrative litigation (행정소송).

Don't Forget Your Severance Pay (퇴직금)

Regardless of whether your dismissal is ruled unfair, any worker who has worked for 1 year or more has the right to receive severance pay (퇴직금). If you did not receive your full severance pay during the dismissal process, use the Byro Severance Pay Calculator to check your estimated entitlement first. You can use the result as a basis for claiming payment from your employer or for drafting a complaint.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.