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Unfair dismissal, how do I file a lawsuit?

Hello. I am an office worker at a company. Until a few days ago they said nothing, and then suddenly, saying the company's situation is bad, they told me not to come to work from next week. I understand the company received a large order not long ago, so how can they say business has deteriorated? Feeling that this was so unfair, I looked for a way and learned that there is such a thing as an unfair dismissal lawsuit. I too would like to prepare an unfair dismissal lawsuit, so could you tell me how to go about it?

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Answer to Related Inquiry

Author: 고병준

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.