Page title background (PC version)Page title background (mobile version)

Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

What requirements must be met to carry out a layoff for managerial reasons?

Legal IntellectualViews51,623

Business operations have become so difficult that I am unavoidably in a situation where I must lay off employees for managerial reasons. However, some employees claim it is an unfair dismissal and say they will file an unfair dismissal lawsuit. I feel overwhelmed about how to deal with this legally. What requirements must be met to carry out a layoff for managerial reasons, and how can problems be prevented?

unfair dismissal

corporate attorney

A

Answer to Related Inquiry

A layoff for managerial reasons is also called a dismissal for managerial reasons.

To dismiss a worker for managerial reasons, there must be an urgent managerial necessity, and legally this is not necessarily limited only to cases of avoiding corporate bankruptcy.

If a workforce reduction is necessary to deal in advance with a crisis that may come in the future, it may also fall within the requirements for a layoff for managerial reasons.

However, in such a case, it must be judged to be reasonable when viewed objectively.

In addition, even where a layoff for managerial reasons is unavoidable, the employer must make every effort to avoid dismissal and must set reasonable and fair dismissal criteria to select those subject to it.

Furthermore, the employer should secure materials so as to be able to prove even the fact that these procedures were properly complied with.

If these conditions are not properly complied with, it may become an unfair dismissal, so caution is required.

If a worker is dismissed without observing these requirements, the worker may apply to the Labor Relations Commission for relief on the ground of unfair dismissal, so caution is required.

In this case, because you must go through a process of properly proving justifiable grounds for the dismissal, legal advisory may be necessary.

Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 240
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

General Corporate Matters Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk