How to File an Unfair Dismissal Remedy Application
If you have lost your job without any prior notice, for reasons that are impossible to understand, or without being given any reason at all, the frustration and sense of injustice can only truly be understood by those who have experienced it.
However, if you know “this,” there is no need to panic.
Korean labor law clearly provides that an employer may not dismiss an employee without just cause.
A dismissal that violates this rule may constitute unfair dismissal, and through a remedy application filed with the Labor Relations Commission, you may be able to seek reinstatement or monetary compensation.
In fact, thousands of employees recover their rights every year through unfair dismissal remedy applications.
Does This Qualify as Unfair Dismissal?
Unfair dismissal refers to a dismissal made without just cause, or a dismissal carried out without following the procedures required by law.
If any of the following applies to your situation, you may have grounds to suspect unfair dismissal.
- The reason for dismissal is unclear or difficult to accept
If you were only told something vague, such as “due to company circumstances” or “you are not a good fit,” without any specific explanation, there may be no legitimate reason for dismissal.
- You were suddenly dismissed without prior notice
Under the Labor Standards Act, an employer must either give at least 30 days’ advance notice of dismissal or pay at least 30 days’ ordinary wages in lieu of notice.
If the employer fails to comply with this requirement, the employer may be obligated to pay dismissal notice allowance and may also be subject to criminal penalties.
- You did not receive written notice of dismissal
A dismissal must be made in writing, and the written notice must specify both the reason for dismissal and the effective date of dismissal.
If you were only notified verbally, the dismissal procedure itself may be unlawful.
- It was a managerial dismissal, but the legal requirements were not met
For a dismissal due to business reasons, the employer must satisfy strict legal requirements, including urgent managerial necessity, efforts to avoid dismissal, reasonable and fair selection of employees to be dismissed, and prior consultation with employee representatives.
- It was a disciplinary dismissal, but no disciplinary committee procedure was followed
If the employer ignored disciplinary procedures required under the rules of employment or a collective bargaining agreement, the dismissal may be found unfair due to procedural defects.
Please carefully review the points above. If any of them apply, you should actively consider filing a remedy application.
How Does an Unfair Dismissal Remedy Application Proceed?
Where to file and the deadline
An unfair dismissal remedy application is filed with the Regional Labor Relations Commission.
The deadline is within three months from the date the dismissal took effect. This is an exclusion period, meaning that once the period expires, the right to file a remedy application itself is extinguished.
Procedure
Once the application is filed with the Regional Labor Relations Commission, the process generally proceeds in the following order:
investigation by an investigator → hearing session → decision.
If either party disagrees with the decision, they may file an appeal with the National Labor Relations Commission within 10 days from the date they receive the remedial order or dismissal decision. If no appeal is filed within that period, the decision becomes final and binding.
If a party disagrees with the decision of the National Labor Relations Commission, the matter may be further challenged through administrative litigation.
What remedies are available?
If the remedy application is accepted, the outcome generally falls into one of two categories.
Reinstatement
: The employee is reinstated to their original position, and the employer must also pay wages equivalent to what the employee would have earned during the dismissal period.
Monetary compensation order
: If the employee does not wish to return to work, they may choose monetary compensation instead. In this case, compensation is generally calculated based on the wages equivalent to the period from the date of dismissal to the date of the decision.
Unlike a reinstatement order, where wages equivalent to the period from dismissal until actual reinstatement may be paid, the calculation period for monetary compensation ends on the date of the decision. Therefore, the longer the proceedings continue, the greater the difference in compensation may become between the two options.
What if the company proposes a settlement during the proceedings?
It is not uncommon for an employer to propose a settlement while the remedy application is ongoing.
The amount of settlement compensation can vary significantly depending on the circumstances of the case. Therefore, if you receive a settlement proposal, it is important to have an expert review whether the proposed amount is appropriate.
There are also several points that must be checked before entering into a settlement.
- Whether the settlement may affect your eligibility for unemployment benefits
- Whether the settlement terms include unfavorable clauses, such as waiver of future claims or litigation rights
- Whether there are still unpaid wages, severance pay, or other outstanding amounts separate from the settlement payment
Before signing any settlement agreement, you must carefully review its contents.
Can I Receive Unemployment Benefits After Being Unfairly Dismissed?
Yes, you may be eligible.
Unemployment benefits are generally available when the employee’s separation from employment is involuntary, rather than a voluntary resignation.
Because unfair dismissal is a unilateral termination made against the employee’s will, it may be recognized as involuntary separation, making the employee eligible for unemployment benefits.
You may also apply for unemployment benefits while the unfair dismissal remedy procedure is still ongoing.
However, if the Labor Relations Commission later issues a reinstatement order, the employee’s unemployment status may be deemed to have been retroactively resolved as of the date of the reinstatement order, regardless of whether the employee actually returns to work or receives wages. As a result, there may be situations where unemployment benefits already received must be returned. This is something you should keep in mind in advance.
You should also confirm in advance whether you meet the eligibility requirements, such as having at least 180 insured working days under employment insurance during the 18-month base period prior to the date of separation.
You Do Not Have to Go Through This Difficult Process Alone
What can go wrong if you handle it alone?
In an unfair dismissal remedy case, the employer bears the burden of proving that the dismissal was justified.
However, in practice, employees may still be placed at a disadvantage if they fail to secure proper evidence or make procedural mistakes.
Employers often immediately appoint legal counsel or certified labor consultants to respond to the claim.
This creates a significant gap in information and preparation from the very beginning.
In particular, when a settlement proposal is made, it can be extremely difficult to determine on your own whether the proposed amount is reasonable or whether the settlement terms contain unfavorable provisions.
You must also strategically decide which option is most beneficial for you: reinstatement, monetary compensation, or settlement.
A single mistake in the early stages can completely change the outcome of the case.
How Decent Law Office Can Help
- Review of the dismissal circumstances and assessment of unfair dismissal
We carefully analyze the circumstances of the dismissal, the stated reasons, and the procedures followed, and first assess the likelihood of obtaining relief.
- Preparation of remedy application documents and representation throughout the procedure
From preparing the application to responding at the hearing session, we assist you throughout the entire Labor Relations Commission process.
- Settlement negotiation support
We review whether the employer’s settlement proposal is appropriate and negotiate toward terms that are more favorable to our client.
- Strategic selection of the best direction — reinstatement, monetary compensation, or settlement
Our goal is not simply to “win.”
We develop a strategy aimed at achieving the best possible outcome based on each client’s circumstances and objectives.
If you have unfairly lost your job, Decent Law Office will stand with you until the end. Before it is too late, we recommend seeking legal advice first.
