How to File an Unfair Dismissal Remedy Application – Methods and Procedures
Concept and Criteria of Unfair Dismissal
In an employment relationship, dismissal is a serious measure that directly affects an employee’s livelihood. For this reason, the law strictly limits an employer’s authority to dismiss employees.
Under Article 23(1) of the Korean Labor Standards Act, an employer is prohibited from dismissing, suspending, disciplining, transferring, or reducing the wages of an employee without justifiable cause. Such actions are collectively referred to as “unfair dismissal or unfair disciplinary measures.”
When an employee is unfairly dismissed, the law provides a fast and simplified administrative remedy through the Labor Relations Commission, separate from civil litigation. The core of this system lies in understanding the proper method for filing an unfair dismissal remedy application.
For employees who have just received notice of dismissal and are overwhelmed by uncertainty and anxiety, this procedure may serve as the minimum legal safeguard to protect their rights.
Understanding the Overall Procedure for Filing an Unfair Dismissal Remedy Application
To challenge an unfair dismissal, it is essential to clearly understand the procedural framework.
An employee must file an application for remedy with the competent Local Labor Relations Commission within three months from the date the dismissal occurred. This deadline is strictly enforced, and even a one-day delay makes recovery impossible.
The application is filed by submitting a prescribed application form to the Local Labor Relations Commission.
Upon receipt, the Commission promptly conducts a fact-finding investigation and holds a hearing where both the employer and the employee are required to appear. During this process, evidence submission, witness examination, and cross-examination may take place, and in some cases, a recommendation for settlement may be offered.
Once the hearing is concluded, the Commission renders a decision on whether the dismissal constitutes unfair dismissal.
If unfair dismissal is recognized, the Commission may order reinstatement to the original position or monetary compensation. If not, the application will be dismissed.
If either party disagrees with the decision, an appeal may be filed with the Central Labor Relations Commission within 10 days. The decision of the Central Commission may further be challenged through administrative litigation. This sequence represents the standard practical flow of an unfair dismissal remedy application.
Key Issues to Consider During the Remedy Process
The most common and critical issue in remedy proceedings is the filing deadline.
If the three-month statutory period lapses, the application will be dismissed regardless of the merits of the case. This is not a matter to be taken lightly, as delayed action effectively results in a forfeiture of rights.
Another preliminary issue is whether the Labor Standards Act applies to the workplace. If the employer has fewer than five regular employees, the unfair dismissal remedy system may not apply, making prior legal review essential.
The existence of a legitimate interest in seeking relief is also significant.
Even if a fixed-term employment contract has expired, an application may still be meaningful if there is a practical interest in recovering wages equivalent to the dismissal period.
In addition, when calculating wages for the period of unfair dismissal, potential wage increases under employment rules or collective bargaining agreements must also be considered.
If reinstatement is not desired, the employee may opt for monetary compensation instead. This decision should be made strategically at an early stage of the procedure.
As such, filing an unfair dismissal remedy application is not a mere formality. It requires an accurate understanding of issue-specific legal frameworks, making the initial process critically important.
How Decent Law Firm Can Assist
Unfair dismissal cases are not simple labor disputes. They require a sophisticated approach that combines thorough fact-finding with precise legal analysis. Without proper preparation, employees may face unfavorable outcomes despite having legitimate claims.
Decent Law Firm provides structured and strategic support by analyzing the legitimacy of the dismissal grounds, procedural violations, and wage calculation frameworks to develop case-specific response strategies.
Accurately designing the unfair dismissal remedy application at the initial stage often determines the final outcome.
Decent’s role is to provide practical assistance to clients facing dismissal alone and to clearly hold employers legally accountable for unilateral and unjust measures.
Dismissal disputes are never trivial. Missing the right timing can lead to irreversible consequences. For this reason, we strongly recommend consulting with a former labor official-turned-attorney at the earliest stage.
