Unfair Dismissal in Korea: Labor Relations Commission Claims and Deadlines

Three months to apply

If you have been dismissed in Korea and believe there was no just cause, the main route is an application to the regional Labor Relations Commission within three months from the date of the dismissal (Labor Standards Act, Article 28(2)). The regional commission where the dispute arose handles it; a case spanning several regions goes to the commission for the main workplace (Labor Relations Commission Act, Article 3(2)). The three-month period keeps running during negotiations with the employer.

If you were told orally, received a letter later and were taken off the payroll later still, record each date with the evidence.

The remedy applies to a business that ordinarily employs five or more workers, counted under the Enforcement Decree (see the FAQ), and only to employees. For a director, investor-manager or secondee, what counts is the actual working relationship, not the title.

What the employer has to show

An employer may not dismiss, suspend, transfer, cut the pay of or otherwise discipline an employee without just cause (Article 23(1)). A dismissal must also state the reasons and date in writing, or it has no effect (Article 27).

Separately, a dismissal requires 30 days’ notice or at least 30 days’ ordinary wages instead, except for employees with less than three months’ service and other narrow cases (Article 26). Paying notice pay does not make an otherwise unjustified dismissal lawful.

• Misconduct: reasons serious enough that continued employment would be unreasonable by generally accepted social standards, and a sanction proportionate to those reasons.
• Poor performance: a fair and objective evaluation, and performance that is not merely lower than colleagues’ but has fallen below the minimum generally expected for a considerable period, with little prospect of improvement. Training, reassignment and other chances to improve are taken into account (Supreme Court 2018Da253680).
• Redundancy: urgent managerial necessity, efforts to avoid dismissals, fair selection criteria and 50 days’ notice to and consultation with the employee representative (Article 24).
• Probation: where a genuine probation period reserves a right to assess suitability, ending the employment during or at the end of that period is judged by a less strict standard than an ordinary dismissal, but still needs an objectively reasonable ground that is acceptable by ordinary social standards, and the specific reasons must be given in writing (Supreme Court 2002Da62432; 2015Du48136).
• Fixed-term contracts: a contract ends when its term expires. Where the circumstances gave you a legitimate expectation of renewal, an unjustified refusal to renew is treated like an unfair dismissal (Supreme Court 2007Du1729). Employment as a fixed-term worker beyond two years generally converts to employment without a fixed term, but defined exceptions apply, including doctorate holders working in their field and managers or professionals whose average earnings over the previous two years are in the top quarter of professional earnings in the Ministry of Employment and Labor’s latest survey (Act on the Protection, etc. of Fixed-Term and Part-Time Employees, Article 4; Enforcement Decree, Article 3).
• “Resignations” you did not intend: if you were made to submit a resignation you did not want to make, the termination can be treated as a dismissal (Supreme Court 2000Da51919; 2001Da76229).

What happens after you apply

You can represent yourself or appoint a representative, such as an attorney. Prepare the employment contract, rules of employment, evaluations, warnings, the dismissal notice, emails and messages, and your pay records, organised by date.

• The application sets out the measure you challenge, its date and the remedy you seek.
• The employer responds; each side submits evidence and the commission investigates.
• A hearing is held before a panel of commission members, who then decide.
• Before the decision, the commission may recommend or propose a settlement at either party’s request or on its own initiative. A settlement record signed in the prescribed way has the effect of a court settlement (Labor Relations Commission Act, Article 16-3).

Remedies

If the commission finds the dismissal unfair, it orders a remedy, typically reinstatement with the wages you would have earned. If you do not want to return, it may instead order payment of at least the wages you would have earned during the dismissal period (Article 30(3)). If reinstatement has become impossible because a fixed term has expired or retirement age has been reached, the commission must still decide the application and may order payment of an amount equivalent to the wages for the dismissal period; how long that period runs is assessed separately (Article 30(4)). The statute sets no standard number of months.

An appeal does not suspend the commission’s order (Article 32). If the employer does not comply, the commission can impose a charge for non-compliance up to twice a year for up to two years, and you can report non-compliance within 15 days after the compliance deadline (Article 33).

Appeal deadlines

These are short and run from the date you receive the decision:

• 10 days from notice of the regional commission’s order or dismissal of the application, to apply to the National Labor Relations Commission for review (Article 31(1)).
• 15 days from service of the National Labor Relations Commission’s decision, to file an administrative lawsuit (Article 31(2)).
• If no appeal is made in time, the decision becomes final (Article 31(3)).

The court route

A dismissal can also be challenged in a civil court action for a declaration that it is void and for unpaid wages. It runs separately from the commission procedure, with its own rules and timing, and some cases use both.

If you signed a separation agreement or release

A signed release or settlement can affect whether a dismissal dispute remains to be decided. Its effect depends on its wording and how it was agreed, so have it reviewed early rather than letting the three-month period run.

• Separation agreement clauses

If your visa depends on the job

Applying to the commission does not by itself give you a right to remain in Korea. If your status depends on your employment, ask the immigration office what options exist while the case is pending. This office’s work does not include immigration applications.

• Your visa after the job ends

Frequently asked questions

How the initial review works

• Send a short description, your current country and time zone, and any deadline. Please wait for document-transfer instructions before sending identity documents.
• The attorney checks the requested scope and any conflict of interest, then proposes the review, fee and expected delivery date by email. A video consultation in English can be arranged by appointment.
• The agreed initial review includes an English summary of the issues, missing documents and recommended next steps. Depending on the scope, it may also include a document checklist or a list of steps to take with each authority.
• Fees depend on the records and questions to be reviewed. Any filing, translation, certification, government charges or continuing work is identified separately in the proposal. Sending an inquiry does not start a paid engagement.

Scope and sources

General information on the Labor Standards Act, the Labor Relations Commission Act, the fixed-term workers legislation and the Supreme Court decisions cited, as in force on 1 October 2026. Whether a dismissal is justified depends on the facts and evidence; this guide does not predict the outcome of any application.

• Asked to resign: what to check before you sign
• Severance and final pay
• Discuss a dismissal with the attorney
• 부당해고 구제신청 (in Korean)
• Labor Standards Act (Korean text)
• Labor Relations Commission Act (Korean text)
• Supreme Court 2018Da253680 (Korean text)
• Supreme Court 2015Du41401 (Korean text)
• National Labor Relations Commission