Simple & Easy Law Info

Simple & Easy Law Info

Dismissed Worker

Remedies for Dismissed Employees Dismissed Employees



Q. Is a dismissal still valid if the reason is given verbally rather than in writing?



Written Notice of Reasons for Dismissal Methods and Legal Effects The reason and timing of dismissal must be notified in writing, and such written notice is considered legally effective. Verbal, email, or text message notices do not count as written notice, and thus are not valid. However, the Supreme Court has ruled that dismissal by email may be considered valid written notice depending on the specific circumstances and as long as it does not violate the purpose of Article 27 of 「Labor Standards Act」 (Supreme Court Decision 2015Du41401, rendered on September 10, 2015). Methods of Remedy If dismissed by a non-written method, the worker is entitled to file for remedy with the Labor Relations Commission within 3 months from the notice date.



If you were dismissed without receiving wages or severance pay, the following remedies are available.



1. Report to Supervisory Authority (Petition or Complaint) Method Visit the regional labor office that has jurisdiction over your workplace to file a report Submit the report online via the Ministry of Employment and Labor website (E-Application → Online Petition → Form → Wage Arrears)



2. Free Legal Aid Method If your average monthly wage over the last 3 months was less than KRW 4 million, you are eligible for free legal aid from the Korea Legal Aid Corporation by calling 132 or visiting the official website (www.klac.or.kr)



3. Civil Procedure Method Application for provisional seizure (to preserve future enforcement) Application for payment order (summary procedure) Small claims trial (when unpaid wages or severance do not exceed KRW 30 million) Civil Trial Compulsory Execution



Q. I was dismissed without just cause. What remedies are available to me?



Application for Remedy for Unfair Dismissal If dismissed without just cause, you may apply for remedy to the Labor Relations Commission within 3 months.



Applicable to Application for Remedy for Unfair Dismissal Applicable Cases If the dismissal was made without just cause If the conditions for layoffs due to managerial reasons were not met When a dismissal is made in breach of legally defined grounds that prohibit termination pursuant to 「Labor Standards Act」, 「Equal Employment Opportunity and Work-Family Balance Assistance Act」, or 「Trade Union and Labor Relations Adjustment Act」 When a dismissal is imposed even though the misconduct does not warrant such a severe penalty When the employer fails to comply with required dismissal procedures under legal or internal rules When an employee is terminated at a time during which dismissal is prohibited by law



Want detailed legal information? Visit easylaw.go.kr and refer to “Dismissed Employees.”



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