Please tell me the period for filing an unfair dismissal administrative lawsuit.

Hello.

First, if you have suffered unfair dismissal without justifiable reason, we recommend securing materials to prove this and proceeding with the unfair dismissal administrative lawsuit procedure or having the employer reviewed for whether they violated the Labor Standards Act.

The unfair dismissal relief application method is as follows.

If a worker determines they have been unfairly dismissed, they can file a relief application with the Regional Labor Relations Commission.

The application form should include worker and employer information, dismissal date, dismissal reason, and the purpose and reasons of the application.

* Note that you can only apply for unfair dismissal relief if it is a business with 5 or more regular workers.

Application deadline

Within 3 months from the date of dismissal

Procedure

① Application submission
② Investigation and interrogation by the Labor Relations Commission
③ Judgment

If you disagree with the Regional Labor Relations Commission's decision, you can file a reconsideration request with the Central Labor Relations Commission within 10 days from the date of receiving the dismissal decision.

If you also disagree with the reconsideration judgment, you can file an administrative lawsuit within 15 days from the date of receiving the reconsideration judgment.

In the above process, if it is a business with 5 or more regular workers and clear violations of the Labor Standards Act are found, criminal complaints can be filed to punish the employer.