Unfair Dismissal in Korea: Complete Guide to Filing a Complaint – Procedures, Deadlines & Outcomes

What Is Unfair Dismissal?

Article 23 of the Labor Standards Act (근로기준법 제23조) requires that an employer have just cause when dismissing a worker. A dismissal without just cause, a dismissal that fails to follow proper procedure (e.g., no written notice), or a dismissal for managerial reasons that does not meet the statutory requirements may all constitute unfair dismissal (부당해고). In particular, Article 27 (제27조) of the Labor Standards Act mandates that the grounds and timing of dismissal must be notified in writing; a verbal dismissal alone constitutes a procedural violation.

What to Check Before Filing

To apply for an unfair dismissal remedy, you must have been employed at a workplace with 5 or more full-time workers. Workplaces with 4 or fewer workers are exempt from Article 23 (prohibition of unfair dismissal), so instead of filing with the Labor Relations Commission you should consider a civil lawsuit (action to confirm invalidity of dismissal).

Two Filing Routes

1. Labor Relations Commission Remedy Application (Recommended)

This is the primary route for unfair dismissal relief. You must file with the competent Regional Labor Relations Commission within 3 months of the date of dismissal; applications submitted after this deadline will be dismissed without review (Article 28 of the Labor Standards Act / 근로기준법 제28조).

Required Documents
- Remedy application form (available on the Labor Relations Commission website)
- Employment contract or proof of employment
- Dismissal notice (text message, email, written notice, etc.)
- Pay stubs and records of enrollment in the four major social insurance programs

After filing, the Labor Relations Commission proceeds in the order of: investigator inquiry → hearing → ruling, and a ruling is typically issued within 60 days. If the remedy order is granted, you may choose between reinstatement to your original position or monetary compensation (equivalent to wages for the period of dismissal).

2. Complaint to the Ministry of Employment and Labor

If a procedural violation is clear — such as failure to provide written notice of dismissal — or if unpaid wages are also involved, you may file a complaint with the Ministry of Employment and Labor. However, because a complaint aims at criminal sanctions (administrative fines or criminal penalties), if you want reinstatement or monetary compensation it is more effective to pursue a Labor Relations Commission remedy application at the same time.

Remedy Outcomes and Appeal Procedures

If you disagree with the Regional Labor Relations Commission's ruling, you may apply for review to the National Labor Relations Commission within 10 days of receiving the ruling. If you still disagree with the review ruling, you may file an administrative lawsuit (Seoul Administrative Court). A civil lawsuit (action to confirm invalidity of dismissal) may be pursued independently of the Labor Relations Commission process, and the statute of limitations is 3 years.

Don't Forget Severance Pay and Unemployment Benefits

Even if you did not actually work during the period of unfair dismissal, if a remedy order is granted you are entitled to receive back pay for that period. In addition, because dismissal is an involuntary separation, you are likely to meet the eligibility requirements for unemployment benefits (실업급여), so be sure to apply for employment insurance as well. Severance pay (퇴직금) becomes payable after at least 1 year of continuous service and must be paid within 14 days of the date of dismissal.

Note for foreign workers: The statutory entitlements described above represent the legal minimum. Check your employment contract, as it may provide additional rights — but it cannot provide less than what the law guarantees.

Get Started with Bylaw

In an unfair dismissal situation, calculating severance pay is often the first thing you need to do. Use the Bylaw (workbylaw.com) severance pay calculator to quickly calculate your severance based on average wages. You can also use the AI search feature to find a remedy application strategy suited to your situation, and reduce the burden of document preparation with the complaint drafting assistant.

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