The Significance of Unfair Dismissal and Relief Application Subjects

The Significance of Unfair Dismissal
- "Unfair dismissal” means discharge void of justifiable reasons (Article 23, Paragraph 1 of the “Labor Standards Act”).

Cases of applications for unfair dismissal relief
- If the employer dismisses the worker without justifiable reasons, the worker may apply to the Labor Relations Commission for relief. (Article 28 (1) of the Labor Standards Act)
Relief of rights of certified labor attorneys

Requirements for relief of rights
- The Labor Relations Commission may require lawyers or certified labor attorneys to act on behalf of the socially vulnerable when an employee files an application for unfair dismissal relief. (Article 6-2 (1) of the Labor Relations Commission Act)
- Where the average monthly wage is less than 3 million won for an employee who has applied for an unfair dismissal relief, upon receipt of an application from the employee, an attorney or certified labor attorney commissioned pursuant to Article 5 (1) of the Enforcement Rules of the Labor Relations Commission Act may be appointed to represent the relevant rights relief work. (Article 3 (1) and Article 4 of the Enforcement Rules of the Labor Relations Commission Act and Announcement of average monthly wage of a person who can apply for an agent for the relief of rights)

Applying for relief of rights
- An application onappointing an agent and accompanying documents certifying that a personis eligible for an application for the relief of rights under Article 4 of theEnforcement Rules of the Labor Relations Commission Act shall be submitted tothe competent labor commission together. (Article 6-2(2) of the Labor RelationsCommission Act and Article 3(5) of the Enforcement Rules of the Labor RelationsCommission Act)
Relief procedure for unfair dismissal overview

Relief procedure for unfair dismissal overview
- The relief procedures for unfair dismissal by filing an administrative litigation and filing an application for relief by the Labor Commission are carried out in the order of [applying for relief → investigation → examination → judgment → (retrial) → (administrative litigation) → conclusion → termination].
- A worker who has been unfairly dismissed may file a complaint with the court of invalidation of dismissal apart from filing for unfair dismissal and administrative litigation with the Labor Relations Commission,

Relief of unfair dismissal by the Local Labor Relations Commission (first trial)
- If the employer dismisses the worker unfairly, the worker may apply for relief to the Labor Relations Commission within three months from the date of the unfair dismissal (Article 28 of the Labor Standards Act).
- If an application for a retrial is not filed within 10 days from the date of notification of a rescue order or rejection decision, relief order and the decision to dismiss will be finalized. (Article 31 (3) and Article 31 (1) of the Labor Standards Act)

Relief of unfair dismissal by the National Labor Relations Commission (retrial)
- Any employer or worker who disagrees with relief order or rejection decision of the Local Labor Relations Commission may apply for a retrial with the National Labor Relations Commission within 10 days from the date of notification of the relief order or rejection decision. (Article 31 (1) and Article 31 (1) of the Labor Standards Act)
- If the parties do not file an administrative suit within 15 days from the date of retrial judgment paper, the relief order and decision to reject or retrial judgement shall be finalized. (Article 31 (3) of the Labor Standards Act)

Relief of unfair dismissal by court(administrative litigation)
- With respect to the re-judgment of the NationalLabor Relations Commission, the employer or worker may file a complaint in accordance with the provisions of the Administrative Litigation Act within 15 days from the date of retrial judgment paper. (Article 31 (2) of the Labor Standards Act)
- In case of dissatisfaction with the final decision by the first instance court, workers and employers may file an appeal with the first instance court within two weeks (possible even before the judgment paper is delivered) from the date the judgment paper is delivered. (Article 8 of the Administrative Litigation Act, Body part of Article 390 (1), Article 396 (1) and Article 397 (1) of the Civil Procedure Act)
- In case of dissatisfaction with a final decision of the high court and a final decision handed down by the local collegiate court as a second trial, workers and employers may file an appeal with the appellate court within two weeksof the date of delivery of the judgment (possible even before the written judgment is delivered) by submitting an appeal. (Article 8 of the Administrative Litigation Act and Article 422 (1), Article 425, Article 396 (1) and Article 397 (1) of Civil Procedure Act)
※ An appeal may only be made on the grounds that there is a violation of the Constitution, Acts, Orders, or Rules that have affected the judgment. (Article 8 of the Administrative Litigation Act and Article 423 of the Civil Procedure Act)
Dismissal invalidity confirmation suit(Civil suit)

Filing for Dismissal Nullity Confirmation
- A worker who has been unfairly dismissed may file a lawsuit with the court.
- Dismissal invalidity confirmation suit is to confirm the nullification of the dismissal made by unilateral intention of the employer.
- Since the application for unfair dismissal and civil dismissal invalidation are separate systems, both parties can be selected or processed at the same time.
- In case of dissatisfaction with the final decision by the first instance court, workers and employers may file an appeal with the first instance court within two weeks (possible even before the judgment paper is delivered) from the date the judgment paper is delivered. (Body part of Article 390 (1) of the Civil Procedure Act, Article 396 (1) and Article 397 (1) of the Civil Procedure Act)
- In case of dissatisfaction with a final decision of the high court and a final decision handed down by the local collegiate court as a second trial, workers and employers may file an appeal with the appellate court within two weeksof the date of delivery of the judgment (possible even before the written judgment is delivered) by submitting an appeal. (Article 422 (1), Article 425, Article 396 (1)and Article 397 (1) of Civil Procedure Act)
※ An appeal may only be made on the grounds that there is a violation of the Constitution, Acts, Orders, or Rules that have affected the judgment. (Article 423 of the Civil Procedure Act)