Getting fired from a job is stressful—especially if you’re living in a foreign country. Many foreign workers in Korea aren’t sure what to do when they’re suddenly let go. Was it legal? Can I fight back? Do I need a lawyer?
The good news is, Korean labor law offers protection against unfair dismissal—even for non-Korean employees. But the process can feel confusing, especially with language barriers and unfamiliar legal terms.
In this guide, we’ll walk you through everything you need to know about filing an unfair dismissal claim in Korea: who qualifies, how to apply, what happens after, and what support is available. You don’t need to be a legal expert—you just need the right information. Let’s get started.
What Is Unfair Dismissal in Korea?
In Korea, you can’t be fired just because your boss feels like it. According to the Labor Standards Act, an employer must have a “just cause” and follow proper procedures to dismiss a worker legally.
Unfair dismissal means being fired:
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Without a valid reason
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Without proper notice or severance pay
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Based on personal conflict, not performance
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For discriminatory reasons (e.g., nationality, visa status)
Let’s look at examples. If you’re suddenly told “don’t come to work anymore” through a text message, and you weren’t told why—that’s likely unfair dismissal. If you were fired during your contract period without repeated warnings or serious misconduct, it may also be illegal.
Some employers may say you’re fired due to “attitude” or “not fitting in.” These vague reasons aren’t enough. Korean law protects all workers, including foreign employees, as long as they are legally hired.
Just cause must be objective and serious, like:
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Theft, violence, or fraud
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Repeated poor performance with written records
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Business closure or severe financial loss (with proof)
Also, a legal dismissal must follow procedure: you must receive at least 30 days' notice, or extra pay instead.
Your Rights as a Worker in Korea
As a foreign employee in Korea, you have the same basic rights as Korean workers under the Labor Standards Act. This applies whether you're full-time, part-time, or on a contract.
🔹 30-Day Notice Rule
Your employer must give you written notice at least 30 days before dismissal. If they don’t, they must pay you a 30-day wage, called "dismissal notice allowance."
Example: If you’re fired on the spot, you should receive one month’s salary as compensation—unless you committed serious misconduct.
🔹 Right to Know the Reason
You have the right to know why you are being let go. The reason must be clear and based on facts, not rumors or emotions.
🔹 Protection from Discrimination
You can’t be fired just for being a foreigner, for speaking up at work, or for asking about your rights.
🔹 Right to File a Complaint
If you believe your dismissal was unfair, you can file a claim with the Labor Relations Commission. You don’t need a lawyer. You can do it alone or with help from a support center.
Even if you accepted severance pay, it doesn't mean the firing was fair. You can still file a claim if the dismissal was illegal.
Korean law values fair process just as much as the reason for dismissal. If either part is missing, you have the right to challenge it.
Who Can Apply and What You Need
Before filing a claim, you need to check if you're eligible under the law. Fortunately, many foreign workers do qualify.
You can apply if:
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You were working at a company with 5 or more employees
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You were dismissed against your will (not resigned voluntarily)
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You file your claim within 3 months of being fired
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You have some form of proof
Even if you’re on a D-10, E-2, E-7, or F-series visa, you can apply—as long as your job was legal. Interns, language teachers, restaurant workers, and even undocumented workers in some cases have succeeded with claims.
What proof should you prepare?
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Employment contract or salary statements
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Text messages, emails, or voice recordings about your dismissal
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Records showing you did your job (schedules, work logs, etc.)
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Witnesses who saw how you were treated
Tip: You don’t need a perfect file. Even one strong piece of evidence can help. The Labor Commission will investigate both sides, not just take your boss’s word.
If you’re unsure what to prepare, many support centers for foreigners can help translate and organize your documents.
Step-by-Step Guide to the Labor Commission Process
If you believe you were unfairly dismissed, you can file a claim with the Labor Relations Commission. This is a free and legal process that investigates whether your dismissal was lawful. Here's how it works:
Step 1: Submit your application
You must file your claim at the regional Labor Relations Commission that covers your workplace. You can do this by visiting the office, mailing the documents, or using the online system. The application must be filed within 3 months of your dismissal date.
Step 2: Employer submits a statement
After your application is received, the Commission will notify your employer. The company will then be asked to explain why they fired you and provide any supporting documents.
Step 3: The hearing (called "inquiry")
A hearing is scheduled where both sides—employee and employer—can explain their side. You can bring documents, witnesses, or even an interpreter if needed. Legal representation is allowed, but not required.
Step 4: The decision
Within about 60 days after your application, the Commission will issue a written decision. If they agree that the dismissal was unfair, they may order:
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Reinstatement to your original job
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Payment of wages for the time you were unemployed
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Or both
You don’t have to accept reinstatement. Many workers choose to receive financial compensation and move on, especially if trust with the employer is broken.
Can I appeal?
Yes. If either side disagrees with the decision, they can request a re-examination (called "retrial") or file an administrative lawsuit in court.
Writing Your Application: What to Include
The unfair dismissal application is your chance to explain what happened and why you believe it was illegal. You don’t need to write perfect Korean, but clarity is important. Here’s what to include:
1. Your information
Name, address, contact details, visa status, and job title.
2. Company information
Company name, representative’s name, business location, and number of employees.
3. Dismissal details
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The date and method of your dismissal (e.g., in person, by text, by phone)
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What the employer said and how you responded
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Whether you were given notice or compensation
4. Why you believe it was unfair
Explain clearly, in simple language:
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What happened leading up to your dismissal
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Why the employer’s reason is not fair or legal
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Any discrimination or mistreatment you experienced
5. What you want the Commission to decide
State if you want to return to work, receive compensation, or both.
Supporting documents
Include any contracts, messages, recordings, or other proof. Originals or copies are both acceptable. Organize them in order, and label them clearly (e.g., “A: Contract,” “B: Text Message”).
Language tip
If you’re not confident in Korean, you can get help from local labor centers, expat support groups, or friends. Some regional commissions may also offer interpretation assistance.
After the Decision: What If the Employer Ignores It?
Sometimes, even after the Labor Relations Commission rules in your favor, the employer doesn’t follow the order. For example, they may ignore the order to pay you or reinstate you. In that case, you still have options.
1. Request enforcement through the Commission
If the employer fails to follow the decision, you can request the Commission to issue a penalty against them. This is called a “compulsory enforcement fine.” It is not money you receive, but it puts pressure on the employer.
2. File a civil lawsuit
If you want to claim unpaid wages or compensation directly, you can file a separate lawsuit in civil court. This can take longer, and legal advice may be needed.
3. Consider realistic options
In many cases, workers choose to settle for compensation instead of returning to the job. This is especially common when the relationship with the employer has broken down or the work environment was toxic.
4. What if I lose the case?
You can appeal the decision or submit new evidence, but it’s important to act quickly. There are strict deadlines for retrial or court actions, usually within 10 to 15 days after the ruling.
Even if you don’t win, the process can bring attention to illegal practices and encourage better behavior from employers in the future.
FAQ: Questions Foreign Workers Often Ask
Q1. I was fired by text. Can I still file a claim?
Yes. It doesn’t matter if the dismissal was verbal, by text, or by email. If your job was terminated without proper reason or procedure, you can file a claim.
Q2. I’m a contract worker. Can I still apply?
Yes. If you were dismissed before your contract ended—and without just cause—you may have the right to claim unfair dismissal. The contract doesn’t remove your legal protections.
Q3. What if I already accepted severance or extra pay?
Receiving some payment doesn’t mean your dismissal was fair. If you were forced to accept it or didn’t understand your rights, you can still file within 3 months of dismissal.
Q4. Do I need a lawyer to apply?
No. Many workers submit their applications without legal help. However, you can consult with labor counselors or NGOs that assist foreign workers if you need support. Free legal advice is also available through public legal aid centers.
Q5. Will I get in trouble with immigration for filing a claim?
No. Filing a labor complaint is a legal right and does not affect your visa status. As long as your work was legal, your visa won’t be cancelled just because you filed a claim.
Losing your job unfairly in a foreign country can feel overwhelming—but you are not powerless. Korea’s labor laws are designed to protect workers, regardless of nationality or visa type. If your dismissal was sudden, unfair, or based on discrimination, you have the right to ask for a formal review.
The Labor Relations Commission exists to help people like you. The process is free, accessible, and does not require a lawyer. With a little preparation and support, you can stand up for your rights—and possibly help others avoid the same unfair treatment.
If you’re unsure where to start, reach out to a foreigner support center in your area. You don’t have to go through it alone.
