What makes a firing unfair
Unlike U.S. at-will employment, Korea's Labor Standards Act prohibits dismissal without just cause. Courts look at the reason (serious misconduct, severe underperformance), whether the penalty fits, and whether internal procedures were followed. Employers must give the reason and date in writing—a text or verbal firing is invalid—and give 30 days' notice or 30 days' wages as notice pay.
Remedies
Workers can file with a regional Labor Relations Commission within three months. If the dismissal is found unfair, they get reinstatement and back pay, or monetary compensation instead of reinstatement if they prefer. They can also sue to void the dismissal. Workplaces with fewer than five regular employees are exempt from the just-cause rule, though notice still applies. Check your severance pay too. General information only.
FAQ
- Does it apply during probation?
- Yes, though employers have somewhat more latitude in declining to hire permanently.
- Is being pressured to resign unfair dismissal?
- A truly voluntary resignation isn't, but coerced resignation can be treated as dismissal.
Sources reviewed: 2026-10-26
References
- 「근로기준법」 제23조·제26조·제27조·제28조.
- 중앙노동위원회. 『부당해고 구제신청 안내』.
- 고용노동부. 『근로기준법 해설』.