Unfair Dismissal in Korea: How to File a Remedy with the Labor Relations Commission

If you have been suddenly terminated from your job in South Korea, the first thing you need to determine is whether that dismissal was lawful. Under Article 23 of the Labor Standards Act (근로기준법 제23조), an employer cannot dismiss a worker without just cause. Workers who have been unfairly dismissed can file a remedy request with the Labor Relations Commission — and the entire process is free.

This guide walks you through the legal standards, filing procedures, evidence requirements, available remedies, and free legal support options.

What Counts as Unfair Dismissal?

Article 23 of the Labor Standards Act

The law states: "An employer shall not dismiss, lay off, suspend, or transfer a worker, or reduce wages, or take other punitive measures against a worker without justifiable reason."

A dismissal is considered unfair when it lacks just cause or when proper procedures were not followed.

Types of Unfair Dismissal

Type	Examples
No just cause	Dismissal for personal grudges, unrelated to job performance
Procedural violation	No written notice, immediate termination without 30-day advance notice or payment in lieu
Forced resignation	Pressure to "voluntarily" resign
Disproportionate discipline	Severe punishment for minor violations (violating proportionality)
Discriminatory dismissal	Dismissal based on gender, pregnancy, union activity, or whistleblowing

Filing Process: Step by Step

Step 1: File with the Regional Labor Relations Commission

You must submit your remedy request to the Regional Labor Relations Commission (지방노동위원회) within 3 months of the dismissal date. Missing this deadline means losing your right to file.

• Filing fee: Free
• How to file: In person, by mail, or online via the Commission's website
• Jurisdiction: Commission covering the workplace location

Step 2: Investigation

A Commission investigator reviews both sides' claims and evidence. Each party may be interviewed separately, and additional documentation may be requested.

Step 3: Hearing

Both parties attend a formal hearing where they present arguments and counterarguments orally. Witness testimony is permitted. Legal representatives (attorneys, certified labor affairs consultants) may attend.

Step 4: Decision

A decision is typically rendered within 60–90 days of the hearing. If the dismissal is found to be unfair, the Commission orders reinstatement and back pay.

Appeals Process

National Labor Relations Commission (중앙노동위원회)

If either party disagrees with the Regional Commission's decision, they can file for review with the National Commission within 10 days of receiving the decision.

Administrative Lawsuit

If the National Commission's review decision is also unfavorable, an administrative lawsuit can be filed in the Administrative Court within 15 days of receiving that decision.

Available Remedies

Reinstatement (원직복직)

The worker returns to their original position and duties.

Back Pay (해고기간 임금 지급)

Full wages from the date of dismissal to the date of reinstatement — the pay the worker would have earned had the dismissal not occurred.

Monetary Compensation

If the worker does not wish to return, the Commission can order monetary compensation instead of reinstatement.

Evidence You Should Gather

Evidence Type	Specific Materials
Employment proof	Employment contract, pay stubs, social insurance enrollment records
Dismissal proof	Written termination notice, text messages, emails, chat records about the dismissal
Unfairness proof	Performance evaluations, personnel records, colleague statements
Forced resignation proof	Meeting recordings, coercive messages, witness statements

Why Secure Evidence Storage Matters

After dismissal, you may lose access to company email and internal systems. It is critical to back up important communications before losing access.

You can use LOCK.PUB's encrypted memo feature to securely store key evidence and share it with your attorney or labor consultant via a password-protected link. Third parties cannot access the content without the password, keeping your sensitive employment records safe.

Free Legal Support

Korea Legal Aid Corporation (대한법률구조공단)

Workers whose income falls below certain thresholds can receive free legal consultation and litigation representation.

• Phone: 132 (no area code needed)
• Website: www.klac.or.kr
• Services: Legal consultation, litigation representation, document preparation

Certified Labor Affairs Consultants (공인노무사)

These specialists in labor disputes can provide consultation and represent you at Commission hearings.

Ministry of Employment and Labor Hotline

• Phone: 1350 (no area code needed)
• Initial consultation on whether your case qualifies as unfair dismissal

Constructive Dismissal (Forced Resignation)

Being pressured to "voluntarily resign" may constitute constructive dismissal (권고사직 강요). If you refused and were subsequently fired, you can challenge it as unfair dismissal. Even if you did sign a resignation letter, you may still prevail if you can prove it was signed under duress.

How to Respond to Resignation Pressure

1. Do not sign a resignation letter — once submitted, it may be treated as voluntary
2. Record conversations — recording your own conversations is legal in Korea
3. Document everything — date, time, location, attendees, exact statements
4. Store evidence securely — back up outside company systems

Notice Period and Dismissal Allowance

Employers must provide 30 days' written notice before dismissal. If they dismiss immediately without notice, they must pay at least 30 days' ordinary wages (해고예고수당). Failure to comply can itself serve as grounds for an unfair dismissal claim.

Key Points to Remember

1. The 3-month deadline is absolute — file promptly
2. Applies to workplaces with 5+ regular employees — smaller workplaces are exempt
3. Fixed-term workers are also protected — unfair non-renewal of contracts can be challenged
4. Organize evidence chronologically — present a clear timeline of events

Securely Sharing Evidence with Your Legal Team

When sharing dismissal evidence with attorneys or labor consultants, sending raw files over iMessage or email risks exposing personal information.

With LOCK.PUB, you can create an encrypted memo containing key evidence summaries and share it via a password-protected link. Setting an expiration time ensures the content is only accessible for as long as needed, adding an extra layer of security.

Conclusion

If you have been unfairly dismissed, do not give up. Korean labor law protects workers from unjust termination, and the Labor Relations Commission provides a free remedy process. Secure your evidence immediately after receiving a termination notice, and file your remedy request within the 3-month window.