Unfair dismissal, how do I file a lawsuit?

You have inquired about unfair dismissal. According to Article 23 of the Labor Standards Act, a company cannot dismiss a worker without justifiable grounds.

However, if a dismissal is decided for managerial reasons, the worker must be notified of it at least 30 days in advance, and if such advance notice is not given, the employer must pay ordinary wages for 30 days or more.

If you are preparing an unfair dismissal lawsuit, you may apply for relief from unfair dismissal through the Labor Relations Commission within three months from the date the dismissal occurred.

The Labor Relations Commission reviews this and, after examining whether the dismissal was unfair, issues a relief order.

If you cannot accept the outcome of the Labor Relations Commission, you may apply for a reexamination within 10 days and file administrative litigation.

However, it is necessary to prove whether the dismissal was unfair in that the dismissal procedure was carried out without justifiable grounds.

If you were dismissed for a reason that is not subject to a relief application, relief may become difficult, so it is important to prepare after receiving sufficient legal consultation before applying.

In order to respond thoroughly to such an unfair dismissal, we recommend preparing your relief application through legal advice from an attorney who specializes in this area.