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Unfair Dismissal

If you’re dismissed suddenly without just cause, foreign workers are protected by law just the same, regardless of nationality or visa. To dismiss someone, an employer must have a fair reason and follow procedure, including giving written notice of the reason and timing. If it seems unfair, you can file for remedy with the Labor Relations Commission — but there’s a deadline from the dismissal date (generally within 3 months), so act in time. Whether a dismissal is unfair is decided by the Commission, so don’t conclude alone — consult quickly.

Based on official sources · verify before deciding· as of 2026-06-09Official site ↗

What to prepare

  • Employment contract
  • Proof of dismissal (notice, text, recording)
  • Proof of employment (pay slips, etc.)
  • A note on the reason/circumstances

How to proceed

  1. 1Check the reason and how you were notified (written notice of reason/timing is the rule)
  2. 2Gather evidence (dismissal notice, texts, recordings, contract, proof of employment)
  3. 3If it seems unfair, file for remedy with the Regional Labor Relations Commission for your workplace (generally within 3 months of dismissal — confirm your own deadline)
  4. 4After filing, an investigation, hearing, and ruling follow
  5. 5If you disagree with the ruling, you can seek review by the National Labor Relations Commission within the set period
  6. 6Get help from MOEL ☎1350, a labor attorney, or Korea Legal Aid (☎132)

Tips

  • ⚠️ Missing the filing deadline (generally 3 months) even by a day can get your case dismissed — don’t delay; check fast with ☎1350 or a labor attorney.
  • ⚠️ Whether a dismissal is unfair is decided by the Commission — don’t conclude it’s unlawful alone; consult first.
  • Signing a recommended-resignation or resignation letter may count as voluntary leaving and hurt your remedy/benefit claims — decide carefully.
  • If the dismissal is found unfair, you may get reinstatement or equivalent compensation.

Key contacts

  • MOEL counseling ☎1350 (multilingual)
  • Korea Legal Aid Corporation ☎132 (free legal advice)
  • Your Regional Labor Relations Commission (remedy filing)

Related guides

Unpaid WagesEmployment ContractUnemployment Benefit
Check the official site ↗

This is general information and has no legal force. Labor and residence rules depend on your situation and policy — always verify with experts (Ministry of Employment and Labor ☎1350, a labor attorney) and official sources.
Last updated: 2026-06-09