Challenge an unfair dismissal 부당해고 구제신청
If your employer fires you without a fair reason, you can ask the Labor Relations Commission (노동위원회) to review it. This is called an unfair dismissal remedy application (부당해고 구제신청). You must apply within 3 months of the dismissal. It only covers workplaces that regularly have 5 or more workers. If you win, the commission orders your employer to remedy the dismissal.
Can I apply?
Answer 3 quick questions.
Did your employer fire you, or punish you (for example suspension, pay cut or forced transfer), without a clear and fair reason?
The remedy is for dismissal or punishment without just cause. If you resigned freely or your contract simply ended, this may not apply. Call 1350 to talk about your situation.
Is it within 3 months of the dismissal day?
The 3 month deadline is strict. Applications after it are rejected. Call 1350 or 1577-0071 right away to ask about other options.
Does your workplace regularly have 5 or more workers (including Korean workers)?
Workplaces with fewer than 5 workers are outside this system, and the commission rejects those applications. You may still claim unpaid wages or severance from the labor office. Call 1350.
You can probably apply. Apply as early as you can, and do not wait for the full 3 months.
Your timeline
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Step by step
Tick each item as you finish it. Your progress is saved on this device.
- 1
Collect your evidence
You do thisRight after you are told you are dismissedWrite down the date you were dismissed. This date starts the 3 month clock. Keep proof of what was said and of your work.
!If your employer only says it by phone, save the call record and write down the date and time. - 2
Apply to the Regional Labor Relations Commission
You do thisWithin 3 months of the dismissalApply to the Regional Labor Relations Commission (지방노동위원회) that covers your workplace address. You can apply online through Government24 (정부24), by visiting, or by mail. The application form can be downloaded from the National Labor Relations Commission website. It asks for the names and addresses of you and your employer, the facts of the dismissal, and what you want (for example, to get your job back).
!The commission rejects applications filed after 3 months or from workplaces under 5 workers. - 3
Ask for a free representative
You do thisWhen you submit the applicationIf your average monthly wage is under 3 million won, you can ask for a free labor attorney (공인노무사) or lawyer. They can give advice, write your documents, collect evidence and speak for you at the hearing. Submit the appointment request form (대리인 선임 신청서) with your application, together with proof of your wage such as payslips.
- 4
Investigation and hearing
The agency does thisAfter you applyThe commission investigates and holds a hearing (심문회의). You and your employer can both explain what happened. The commission can ask for documents and statements.
!A separate interpreter service for foreign workers is not confirmed. Ask the commission before the hearing about interpretation. Bring a trusted interpreter if you can. - 5
Decision and appeal
The agency does thisAfter the hearingIf the dismissal was unfair, the commission orders your employer to fix it. If not, it rejects your application. Either side can ask the National Labor Relations Commission (중앙노동위원회) for a review within 10 days of getting the decision. After that review, a court case must be filed within 15 days, or the decision becomes final.
!These deadlines are short. Act quickly after you get a decision.
Documents checklist
Tick each document as you get it. Your list is saved on this device.
0 of 5 documents ready
- Application form (구제신청서)National Labor Relations Commission website, or the Regional Labor Relations Commission
- Employment contract (근로계약서)Your copy from your employer
- Payslips (급여명세서), also used to prove wage under 3 million wonYour employer, or your salary account statement
- Proof of the dismissal: messages, emails, recordings or noticeYour phone and records you kept
- Representative request form (대리인 선임 신청서)The Regional Labor Relations Commission
Workplace with fewer than 5 workers
- The commission rejects dismissal applications from workplaces that do not regularly have 5 or more workers.
- It counts workers in Korea over the month before the dismissal. You can ask 1350 how this is counted.
- You may still be able to claim unpaid wages or severance from the labor office.
Other options
- You can also file a civil court case to confirm the dismissal is invalid. This is separate from the commission process.
- Worried about your visa after losing your job? Call 1345 (Immigration Contact Center) or 1577-0071 and ask about your status.
Who to call
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