Unfair Dismissal in Korea: Why You Need a Labor Attorney and What Steps to Take

You Must Act Within 3 Months of Unfair Dismissal (부당해고)

If you suddenly receive notice of dismissal, the very first thing to do is confirm the date. Article 28 of the Labor Standards Act (근로기준법 제28조) sets the deadline for filing an unfair dismissal remedy application at 3 months from the date of dismissal. Miss this deadline by even a single day and the Labor Relations Commission will dismiss your application outright; if the matter proceeds to court litigation, you will also be starting from a disadvantaged position.

What Is Unfair Dismissal?

Article 23 of the Labor Standards Act (근로기준법 제23조) requires that an employer have just cause to dismiss a worker. Court precedent uses the standard of "a reason attributable to the employee serious enough that, by common social norms, the employment relationship cannot be continued." Dismissal without reason, dismissal that violates procedure (e.g., failure to provide written notice), and redundancy dismissal (整理解雇) that does not meet the statutory requirements can all constitute unfair dismissal (부당해고). In particular, there are numerous cases in which dismissal communicated only verbally — without written notice — has been found to be unfair dismissal on procedural grounds alone, even where the underlying reason was legitimate (Supreme Court Decision 2011다42324, etc.).

Note for foreign workers: Your employment contract may specify additional procedures; however, the statutory protections described here represent the minimum standard that applies regardless of contract terms.

Why You Need a Labor Attorney (노무사)

A Labor Relations Commission hearing is a quasi-judicial proceeding. Employers almost always retain a law firm or labor law firm to organize evidence and prepare counter-arguments. Workers who respond alone commonly face the following difficulties:

• Insufficient evidence gathering: It is difficult to judge which materials are favorable — KakaoTalk messages, work-instruction emails, workplace rules (취업규칙), and so on.
• Errors in constructing arguments: Failing to logically distinguish between the unjustness of the stated dismissal reason and procedural violations puts you at a disadvantage during the hearing.
• Deadline and form errors: If required fields in the remedy application are missing, you will receive a correction order and lose valuable time.

A labor attorney will honestly assess the likelihood of success at the case-review stage and will support you through the entire process — from hearing preparation to settlement negotiations.

Step-by-Step Remedy Procedure

1. Secure evidence: Immediately save the dismissal notice (text message or email), your employment contract, pay stubs, and workplace rules.
2. Consult a labor attorney: Organize a summary of your case and seek an initial consultation. Many labor attorneys offer the first consultation free of charge or at low cost.
3. Submit the remedy application: File with the competent Regional Labor Relations Commission within 3 months of the date of dismissal.
4. Attend the hearing: Appear on the date designated by the Labor Relations Commission and give your statement. A labor attorney may accompany you as your representative.
5. Decision and appeal: If you disagree with the Regional Labor Relations Commission's decision, you may apply for review to the National Labor Relations Commission (중앙노동위원회) within 10 days; administrative litigation is also available thereafter.

What You Can Receive If the Remedy Is Granted

If unfair dismissal is found, an order for reinstatement to the original position and an order to pay the equivalent of wages for the dismissal period (back pay) will be issued. If you do not wish to return to work, you may also apply for a monetary compensation order (Article 30 of the Labor Standards Act / 근로기준법 제30조). If the employer fails to comply with the remedy order, a compulsory compliance levy will be imposed repeatedly.

If severance pay (퇴직금) has not been paid, the employer is obligated to pay it within 14 days of the retirement date; in the event of delay, an annual interest rate of 20% applies (Article 17 of the Enforcement Decree of the Labor Standards Act / 근로기준법 시행령 제17조).

If you are unsure whether your dismissal qualifies as unfair, or if your severance pay calculation is complex, use the severance pay calculator at Workbear (workbear.kr) to check your estimated severance pay first. The AI labor-law search feature also lets you quickly look up dismissal-related statutes and precedents.

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