Unfair Dismissal in Korea: Complete Guide to Filing a Remedy Application

What Is Unfair Dismissal?

Article 23 of the Labor Standards Act (근로기준법 제23조) requires that an employer have just cause to dismiss a worker. A dismissal carried out without just cause, or in violation of proper procedure, may be judged as unfair dismissal (부당해고). The Supreme Court interprets just cause as "a reason attributable to the employee that, by common social standards, makes it impossible to continue the employment relationship" (Supreme Court Decision 2002da62432, etc.). Mere management inconvenience or the employer's subjective dissatisfaction does not qualify as just cause.

In addition, a dismissal must be notified in writing, specifying the reason for and the date of dismissal (Article 27 of the Labor Standards Act, 근로기준법 제27조). Verbal dismissal or dismissal by text message constitutes a procedural violation and may itself be grounds for a finding of unfair dismissal.

Eligibility: Who Can File a Remedy Application?

A remedy application may be filed by a worker who was employed at a workplace with 5 or more employees. Workplaces with fewer than 5 employees are excluded from the application of Article 23 of the Labor Standards Act, so a Labor Relations Commission remedy application is not available — however, a civil lawsuit (action to confirm the invalidity of dismissal) remains possible.

Not only full-time permanent employees, but also fixed-term, part-time, and daily workers are eligible to apply, provided that an employment relationship is recognized.

Note for foreign workers: Your eligibility is the same regardless of visa type, as long as a lawful employment relationship is established. Check your contract, as its terms may differ from the statutory minimum.

Critical: The 3-Month Exclusion Period Must Be Observed

Under Article 28 of the Labor Standards Act (근로기준법 제28조), a remedy application must be filed within 3 months from the date of dismissal. This period is an exclusion period (제척기간), not a statute of limitations — missing it by even a single day will result in the application being dismissed outright. The calculation is based on the effective date of dismissal, not the date of notification, so you must confirm the exact date the moment you receive notice of dismissal.

Remedy Application Procedure

Submit the Application: File the remedy application with the Regional Labor Relations Commission (지방노동위원회) having jurisdiction over the workplace's location. Submission is possible online via the Ministry of Employment and Labor's e-civil service portal (moel.go.kr) or in person.
Investigation and Hearing: A Labor Relations Commission investigator reviews the claims and evidence of both parties and convenes a hearing.
Decision: A decision is ordinarily issued within 60 days of the hearing. If unfair dismissal is recognized, an order for reinstatement to the original position and an order to pay wages equivalent to the dismissal period are issued.
Appeal: If dissatisfied with the Regional Labor Relations Commission's decision, either party may apply for review to the National Labor Relations Commission (중앙노동위원회) within 10 days, after which an administrative lawsuit is also possible.

Effects When a Remedy Is Granted

Reinstatement (원직복직): The worker must be returned to the same position and duties held before the dismissal.
Back Wages (임금상당액): The full amount of wages not received during the dismissal period must be paid.
Monetary Compensation Order: If the worker does not wish to be reinstated, a monetary compensation order may be substituted upon the worker's application (Article 30, Paragraph 3 of the Labor Standards Act, 근로기준법 제30조 제3항).

If an employer fails to comply with a finalized remedy order, a compliance enforcement levy of up to KRW 100 million will be imposed (Article 33 of the Labor Standards Act, 근로기준법 제33조).

Documents to Prepare

Copy of the employment contract
Written notice of dismissal (including text messages and emails)
Pay stubs or bank deposit records
Materials proving the fact of employment (attendance records, employee ID, etc.)

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