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I was suddenly fired. How do I file a request for relief from unfair dismissal?
Based on: National Labor Relations Commission (중앙노동위원회) 「Relief for Unfair Dismissal and Unfair Labor Practices」 guide and 「Guide to Filing Cases for Relief from Unfair Dismissal, etc.」 (checked 2026.10.30) · Korea Law Information Center (국가법령정보센터) 「Labor Standards Act」 (Act No. 21533, in effect 2026. 10. 8.) · 「Labor Standards Act」 (Act No. 21533, in effect 2026.10.8.)You can file a request for relief with the Regional Labor Relations Commission (지방노동위원회) within 3 months from the day you were dismissed. You must go to the Regional Labor Relations Commission that covers the area where your company (workplace) is located.12
When you can apply
- If you received a disciplinary action such as dismissal, leave of absence, suspension, transfer, or pay cut without a justifiable reason1
- If your workplace regularly has 5 or more workers1
Steps to apply
- Check your dismissal notice: The company must tell you the reason and the date of dismissal in writing. A dismissal that was not given in writing has no legal effect.2
- Prepare the application form: You can get the application form on the website of the National Labor Relations Commission (중앙노동위원회) (nlrc.go.kr). Write the following.1
- Names and addresses of the worker and the company
- The specific facts that you think make it an unfair dismissal
- The relief you want
- Submit it: Submit the application form and your evidence, 2 copies of each, to the Regional Labor Relations Commission that has jurisdiction.1
- After it is received: The investigator in charge will send you a notice. If you agree to electronic delivery on the website, you can easily send and receive documents online.1
- Decision: If the dismissal is found to be unfair, the Labor Relations Commission issues a relief order to the company. If you do not want to return to work, you may also receive money equal to or more than the wages you would have received during the period of dismissal.3
💡 Helpful information
- If your average monthly wage is under 3,000,000 won, you can get help from a certified labor attorney (공인노무사) or a lawyer for free. Submit the application for appointing a representative together with your application form.1
- Violation of advance dismissal notice, unpaid wages, and workplace harassment are not covered by this request. For these problems, contact the Ministry of Employment and Labor (고용노동부) or your nearest Regional Employment and Labor Office (지방고용노동청).1
- In general, if a person working on a work visa is dismissed, a report or procedure related to their stay may be needed. If you are worried about your stay while filing for relief, be sure to check with the Foreigner Information Center (외국인종합안내센터) (1345). If your situation is complicated, try the K-VISA AI administrative agent consultation (visa service in the app).
Sources
- 부당해고 구제신청 안내 — 노동위원회(3개월 이내) › 신청 대상·요건·방법·대리인 제도Workplace that regularly has 5 or more workers; apply to the Regional Labor Relations Commission with jurisdiction within 3 months
- 근로기준법 — 해고 제한·해고 예고·서면통지·부당해고 구제신청 › 제27조·제28조A dismissal not given in writing has no effect; file for relief within 3 months
- 근로기준법 · 제2장 근로계약 › 제30조 구제명령If found to be unfair dismissal, a relief order is issued; payment of an amount equal to wages is possible instead of reinstatement
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Related questions
I haven't been paid my wages. Can a foreign worker also report unpaid wages?How much is the 2026 minimum wage, and does it apply to foreigners too?General guidance prepared by K-VISA AI from Ministry of Justice manuals, laws and official guides. Not legal advice — please confirm with HiKorea or the Immigration Contact Center (1345).
