The line you hear most often around dismissal in Korea is “I gave a month’s notice, so it’s fine.” Open the statute and the 30-day notice turns out to be only one of three separate requirements — and missing either of the other two puts the dismissal itself in question, notice or no notice.
This article was written in August 2026 by opening Articles 23, 26, 27 and 28 of the Labor Standards Act directly on Korea’s National Law Information Center. Every quotation is the statutory text as written.
Four lines — (1) without just cause it is an unfair dismissal (Art. 23(1)); (2) ⚠⚠ without written notice it “shall have effect” only if in writing (Art. 27(2)); (3) without 30 days’ advance notice, 30 days or more of ordinary wages (Art. 26); (4) relief must be sought within three months of the day it occurred (Art. 28(2)).
⭐ The statute asks for three different things, separately
That is the starting point. “I gave notice, so we’re done” does not hold because notice is only the last of the three.
| What the statute requires | Basis | If not met |
|---|---|---|
| 1. Just cause | Art. 23(1) | Unfair dismissal — relief before the Labor Relations Commission |
| 2. Written notice | Art. 27(1) and (2) | ⚠⚠ The dismissal has no legal effect |
| 3. 30 days’ advance notice | Art. 26 | Pay 30 days or more of ordinary wages |
⚠⚠ Only the third is a requirement money can settle. Article 26 says pay an allowance if notice was skipped; it does not say the dismissal is void. The second cannot be substituted with money — because the statute uses the phrase “shall have effect.”
⭐ So receiving the notice allowance does not bar you from seeking relief for unfair dismissal. They are different provisions.
⚠⚠ Written notice — the statute ties it to legal effect
Article 27(1) To dismiss a worker, an employer shall notify the worker in writing of the grounds for and the timing of the dismissal.
Article 27(2) A dismissal of a worker shall have effect only where notified in writing under paragraph (1).
Article 27(3) Where an employer has given the advance notice under Article 26 in writing, specifying the grounds and timing of the dismissal, the notice under paragraph (1) shall be deemed to have been given.
- ⚠⚠⚠ Paragraph (2) is the heaviest sentence in this article. Read plainly, without writing the dismissal does not take effect. If all you got was a messenger note, a text, or a spoken word, that is where the dispute begins.
- ⭐ The statute also fixes what the writing must contain — the grounds and the timing. Where the grounds are vague, whether paragraph (1) was satisfied becomes the issue.
- ⭐⭐ Paragraph (3) exists to save paperwork. If the 30-day advance notice was given in writing with the grounds and timing spelled out, that counts as the paragraph (1) notice. If the advance notice was verbal, this effect does not arise.
⭐ 30 days’ notice — skip it and you owe 30 days of ordinary wages
Article 26 To dismiss a worker, an employer shall give advance notice at least 30 days beforehand, and where notice is not given 30 days in advance, shall pay 30 days or more of ordinary wages. Provided, that this shall not apply in any of the following cases:
1. Where the worker’s continuous service is less than three months;
2. Where continuing the business is impossible due to a natural disaster, an incident, or other unavoidable cause;
3. Where the worker has intentionally caused serious impediment to the business or property damage, on grounds prescribed by Ordinance of the Ministry of Employment and Labor.
| Dismissal without notice is allowed when | Provision | Note |
|---|---|---|
| Continuous service under three months | Art. 26 proviso, item 1 | ⭐ The test is three months, separate from probation |
| Disaster or incident makes the business impossible | Same proviso, item 2 | The business itself must be impossible |
| Worker intentionally caused serious harm | Same proviso, item 3 | ⚠ Specific grounds sit in a Ministry Ordinance we could not open |
⭐⭐ It is “30 days or more of ordinary wages,” not average wages. Ordinary wages generally exclude bonuses and incentive pay, so the figure differs from take-home pay — pay composition is covered in our take-home salary calculator.
⚠ Item 3 requires intent. Damage caused by mistake does not fall within the wording.
⭐ Item 1 turns on “continuous service.” The number matches the usual three-month probation, but it is a different rule — probation pay reduction is covered in our part-time pay calculator.
⚠ There are periods when dismissal is barred outright
Article 23(1) An employer shall not dismiss, lay off, suspend, transfer, reduce the wages of, or otherwise punish a worker without just cause (hereinafter “unfair dismissal, etc.”).
Article 23(2) An employer shall not dismiss a worker during a period of suspension of work for medical treatment of an occupational injury or disease and for 30 days thereafter, or, in the case of a woman before or after childbirth, during the period of suspension under this Act and for 30 days thereafter.
- ⭐⭐⭐ Paragraph (1) covers more than dismissal. Layoff, suspension, transfer and wage reduction are bundled together as “unfair dismissal, etc.” A pay cut or an unwanted transfer is contested under the same provision.
- ⚠⚠ During the periods in paragraph (2), dismissal is barred even where just cause exists. The medical-treatment and childbirth suspension periods carry an extra 30 days on top.
- ⭐ The bar on dismissal during childcare leave is not here — it is Article 19(3) of the Equal Employment Act, covered in our childcare leave benefit guide.
⭐⭐⭐ Seeking relief — miss the three months and it is hard to undo
Article 28(1) Where an employer commits an unfair dismissal, etc., the worker may apply to the Labor Relations Commission for relief.
Article 28(2) An application under paragraph (1) shall be filed within three months from the date the unfair dismissal, etc. occurred.
⚠⚠⚠ It runs from the date it occurred, not from the date you found out. Keep talking with the company and three months slips past — this is the deadline people miss most.
⭐ Because the subject is “unfair dismissal, etc.,” the same three months applies to pay cuts, suspensions and transfers.
| What | Where | By when |
|---|---|---|
| Relief for unfair dismissal, etc. | Labor Relations Commission | ⚠ Within 3 months of the date it occurred (Art. 28(2)) |
| Notice allowance (30 days’ ordinary wages) | — | No deadline stated in Article 26 |
| Dispute over written notice | — | Runs into the legal-effect question in Art. 27(2) |
⚠ The second and third rows mean the statute itself states no deadline, and whether a limitation period under other legislation applies is something we did not check. Money is at stake, so it is safer to ask the Ministry of Employment and Labor (1350) first.
Questions that keep splitting opinion
What if I accept a recommended resignation?
⚠ The statute contains no such term. The Labor Standards Act governs dismissal by the employer; sign a resignation letter and the form becomes the worker resigning. Eligibility for unemployment benefit sits under the Employment Insurance Act, not these provisions, so we will not assert it here — for the amount, see our unemployment benefit calculator.
Is dismissal free during probation?
⚠⚠ No provision says probation permits dismissal. Item 1 of the Article 26 proviso only waives the notice obligation where continuous service is under three months. No notice obligation is not the same as no need for just cause, and Article 23(1) applies without exception.
I was told by text message
Article 27(1) says only “in writing,” and whether an electronic document counts is not addressed in this provision. ⚠ We did not check case law or administrative interpretations, so we will not declare it void. That said, paragraph (2)’s language about legal effect makes this a strong point to contest.
Is severance pay the same as the notice allowance?
⭐ No. The notice allowance comes from Article 26 of the Labor Standards Act; severance pay comes from the Employee Retirement Benefit Security Act — different statutes entirely. As a rule you receive both; the calculation is in our severance pay calculator.
Does this apply to workplaces with fewer than five employees?
⚠ Article 11(1) sets the scope at five or more regular employees. Which provisions reach workplaces of four or fewer is left to a table in the Decree, which we could not open this time. The same provision is discussed in our annual leave guide.
Dismissal is not settled by whether notice was given. Just cause, written notice and 30 days’ notice are three different provisions, and failing each one leads somewhere different.
Sources
- ⭐⭐⭐ Ministry of Government Legislation, National Law Information Center — statutory text — Labor Standards Act, Article 27 (Written Notice of Grounds for Dismissal) [in force 23 Oct 2025, Act No. 20520]. Source of paragraph (2) tying legal effect to written notice and paragraph (3) deeming a written advance notice sufficient.
- ⭐⭐⭐ Ministry of Government Legislation, National Law Information Center — statutory text — Same Act, Article 26 (Advance Notice of Dismissal). Source of the 30-day notice, the 30 days of ordinary wages, and the three exceptions (under three months, disaster, intentional harm).
- ⭐⭐ Ministry of Government Legislation, National Law Information Center — statutory text — Same Act, Article 23 (Restrictions on Dismissal). Source of “shall not dismiss, lay off, suspend, transfer, reduce wages … without just cause” and of the protected periods in paragraph (2).
- ⭐⭐ Ministry of Government Legislation, National Law Information Center — statutory text — Same Act, Article 28 (Application for Relief). Source of the Labor Relations Commission route and the three months from the date it occurred.
What we could not confirm
- ⚠⚠ Whether an electronic document counts as “writing” under Article 27. The provision says nothing, and we did not check case law or administrative interpretations.
- ⚠ The specific grounds under item 3 of the Article 26 proviso. They are delegated to a Ministry of Employment and Labor Ordinance that we could not open this time.
- ⚠ The deadline for claiming the notice allowance. Article 26 states none, and whether a limitation period under other legislation applies was not checked.
- ⚠ Whether these provisions reach workplaces with fewer than five employees. Article 11(2) delegates it to the Decree and we could not open that table.
- How the Labor Relations Commission proceeding runs and what a relief order contains. We did not open the provisions after Article 28.
- The requirements for dismissal for managerial reasons (redundancy). A separate provision, outside this article’s scope.
Written as of August 2026. ⭐ All quotations are the statutory text as published by the National Law Information Center, and what we could not confirm is listed separately above. Outcomes turn heavily on individual facts and the deadlines are short — if there is a dispute, check first with the Ministry of Employment and Labor counselling line (1350) or a certified labor attorney. This article is general information, not legal advice.
