Legal Intellectual

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

Q

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

Legal IntellectualViews57,425

I started a part-time job on March 11, worked the part-time job until May 18, and then received notice of dismissal. Does that mean I cannot receive the advance notice of dismissal allowance, and that I have to file an application for remedy against unfair dismissal? Counting by months, I worked in March, April, and May, so is the three-month standard for the advance notice of dismissal allowance based on the number of days? It is a company with five or more employees. If I can file an administrative litigation for unfair dismissal, please tell me the period.

administrative litigation for unfair dismissal

unfair dismissal

A

Answer to Related Inquiry

Hello.

First, if you were subjected to unfair dismissal without justifiable grounds, we recommend that you secure evidence to prove it and proceed with the administrative litigation for unfair dismissal, or have a review conducted as to whether the employer has violated the Labor Standards Act.

The method for filing an application for remedy against unfair dismissal is as follows.

If a worker is deemed to have suffered unfair dismissal, the worker may file an application for remedy with the Regional Labor Relations Commission.

In the application, you set out information such as the worker's and the employer's details, the date of dismissal, the grounds for dismissal, and the purpose and reasons for the application.

* Note that you may apply for remedy for matters such as unfair dismissal only if you are a business with five or more regular employees.

Filing deadline

Within 3 months from the date of dismissal

Procedure

① Receipt of the application
② Investigation and examination by the Labor Relations Commission
③ Decision

If you object to the decision of the Regional Labor Relations Commission, then, from the date of receiving the written dismissal decision, you may apply for reexamination to the National Labor Relations Commission within 10 days.

If you also object to the reexamination decision, you may file an administrative litigation within 15 days from the date of receiving the written reexamination decision.

In the above process, if the workplace has five or more regular employees and a violation of the Labor Standards Act is clearly found, the employer may be subjected to punishment through a criminal complaint.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney MinSoo SHIN

MinSoo SHIN

T. 070-7510-1118

Experience as Chief Judge of Ulsan District Court and Judge of Incheon District Court

Attorney KwangDeok Kim

KwangDeok Kim

T. 070-7510-2018

Ministry of Employment and Labor Legal Administration Team Experience

Attorney InTae BANG

InTae BANG

T. 070-7510-1822

labor lawyer

Attorney DongGeun LEE

DongGeun LEE

T. 070-7510-2018

Attorney with experience in banking and manufacturing

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat