When you have been unfairly dismissed, how do you obtain a remedy?

Hello.

I am so sorry to hear that you were unfairly dismissed at work.

The remedy procedure for unfair dismissal proceeds in the order of 'application for remedy - investigation - examination - decision - (reexamination) - (administrative litigation) - finalization - conclusion' .

The following is an explanation regarding the procedure and periods of unfair dismissal litigation.

A worker can file an application for remedy with the Labor Relations Commission within three months from the date of the unfair dismissal.

An employer or worker who is dissatisfied with a remedy order or a decision of dismissal by the Regional Labor Relations Commission can apply for reexamination to the National Labor Relations Commission within 10 days from the date of receiving the written remedy order or the written decision of dismissal.

With respect to the reexamination decision of the National Labor Relations Commission, an employer or worker can file an unfair dismissal lawsuit within 15 days from the date the written reexamination decision is served.

A worker who has been unfairly dismissed can also file a lawsuit for confirmation of nullity of dismissal (a civil lawsuit) with the court, separately from an application for remedy against unfair dismissal.

We hope that, through the methods described above, the fact of a violation of the Labor Standards Act will be brought clearly to light.

We recommend that, with the assistance of criminal attorneys at Daeryun Law LLC representing you throughout the complaint procedure, and with the assistance of labor attorneys and labor consultants, you build a thorough line of argument regarding the unfair dismissal.