Whether a dismissal is lawful in Korea turns first on the size of the workplace. The four rules that apply, the three-month deadline, and what to do on the day you are told.
Quick answer: It depends first on the size of the workplace. If your employer regularly has five or more employees, Korean law requires a just cause for dismissal, and the dismissal is not valid unless the reason and the date are given to you in writing. You can challenge an unfair dismissal at the Labor Relations Commission within three months. Even at a smaller workplace, the employer must generally give you 30 days’ notice or pay 30 days’ ordinary wages instead.
Key points
- At a workplace that regularly employs five or more people, dismissal needs a just cause, and the employer has to prove it (Labor Standards Act, Article 23).
- A dismissal without the reason and date in writing has no effect at those workplaces (Article 27).
- Every employer, whatever its size, must give 30 days’ notice or pay 30 days’ ordinary wages instead, with limited exceptions (Article 26).
- A remedy application to the Labor Relations Commission must be made within three months of the dismissal (Article 28).
What the Law Requires
| Rule | Labor Standards Act | Workplaces with 5 or more employees | Workplaces with 4 or fewer |
|---|---|---|---|
| A just cause is needed to dismiss | Article 23(1) | Applies | Does not apply |
| 30 days’ notice, or 30 days’ ordinary wages instead | Article 26 | Applies | Applies |
| Reason and date of dismissal in writing | Article 27 | Applies | Does not apply |
| Remedy application to the Labor Relations Commission | Article 28 | Applies | Does not apply |
Whether a workplace has “five or more” employees is based on the number of workers it regularly uses (Labor Standards Act, Article 11 and its Enforcement Decree).
Just Cause (Article 23)
An employer with five or more employees may not dismiss, suspend, transfer, cut pay or otherwise discipline a worker without a just cause. If the dismissal is disputed, it is the employer who has to show that there was a just cause.
Written Notice (Article 27)
The employer must notify the reason for dismissal and the date it takes effect in writing, and a dismissal without that written notice has no effect. A text message saying “don’t come tomorrow” is not the same as a written notice stating the reason and the date. If the 30 day advance notice under Article 26 was given in writing with the reason and the date, that counts as the written notice.
Written notice of dismissalLabor Standards Act, Article 27No writing, no dismissal
The employer must give the reason for dismissal and the date it takes effect in writing. A dismissal without that written notice has no effect.
In plain EnglishAt a workplace with five or more regular employees, “don’t come tomorrow” by text is not enough. Keep whatever you were sent.
30 Days’ Notice (Article 26)
An employer must give at least 30 days’ notice of dismissal, or pay at least 30 days’ ordinary wages instead. This also applies to small workplaces. The main exceptions are:
- the worker has been employed for less than three months;
- it has become impossible to continue the business because of a natural disaster or other unavoidable reason; or
- the worker intentionally caused serious disruption or financial loss to the business in a way listed in Ministry of Employment and Labor rules.
Challenging an Unfair Dismissal (Article 28)
A worker who has been unfairly dismissed can apply to the Labor Relations Commission for a remedy. The application must be made within three months of the dismissal. Missing this deadline is one of the most common and most costly mistakes, so note the date you were dismissed.
Write down the date you were dismissed. A remedy application filed after three months is out of time, however strong the case.
What This Means for a Foreign Worker
Losing a job can also affect your stay in Korea, especially where your visa is tied to your employer. The immigration side is handled separately; see changing employer or working on a different visa. If wages or severance are also unpaid, see what to do when your employer has not paid your salary.
What You Should Do First
- Ask for the reason and the date of dismissal in writing.
- Write down the date you were told, by whom and how.
- Find out roughly how many people the workplace regularly employs.
- Do not sign a resignation letter or a “voluntary departure” form unless that is what you want.
- Keep track of the three month deadline for a remedy application.
Evidence to Keep
- Your employment contract and payslips
- The dismissal message or letter, and any warnings you received
- Messages with your manager about your work and the dismissal
- Anything showing how many people work there (schedules, group chats, staff lists)
When This Becomes a Legal Problem
Talk to a lawyer if you were dismissed without a written reason, if you are asked to sign a resignation, if your visa depends on the job, or if the three month deadline is approaching.
Frequently Asked Questions
My boss fired me by text message. Is that valid?
At a workplace with five or more employees, a dismissal must state the reason and the date in writing to be valid. Whether a particular message meets that requirement depends on what it says, so keep it and get advice.
I worked there for only two months. Do I get 30 days’ notice?
The notice rule does not apply where the worker has been employed for less than three months.
The company has only three employees. Can they fire me without a reason?
At a workplace with four or fewer regular employees, the just cause and written notice rules do not apply, but the 30 day notice or payment rule still does.
Related reading
Related employment guides
This article is general information about Korean labor law and is not legal advice. Outcomes depend on the facts of each case, and statutory provisions are subject to amendment.
Dismissal
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- whether the just cause and written notice rules apply to your workplace
- whether a remedy application or a claim for notice pay fits
- how the dismissal affects your visa and any unpaid wages
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