If you were dismissed without a just reason, Korean law lets you apply to the Labour Relations Commission for relief. Article 28 of the Labor Standards Act says the claim must be made within 3 months from the date of the unfair dismissal. Against a regional commission’s decision you can ask the National Labour Relations Commission for review within 10 days of being notified, and against the review decision you can sue within 15 days of service; miss these and the decision becomes final (Art. 31). Enter a date to get the last day for five deadlines.
1. Claim within 3 months from the unfair dismissal (Art. 28(2)).
2. Review 10 days, court 15 days — miss them and the decision is final (Art. 31(3)).
3. Ignoring a relief order: a charge of up to ₩30 million, up to twice a year for 2 years (Art. 33).
Calculator
Updates as you type. The first day is left out and a Saturday or Sunday last day moves to the next day (Civil Act Arts. 157 and 161 — our reading that they apply here). Public holidays other than weekends are not moved automatically. File early rather than on the last day.
The deadline articles
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Labor Standards Act Art. 23(1) | An employer shall not, without just cause, dismiss, lay off, suspend, transfer, cut the pay of, or otherwise punish a worker (“unfair dismissal, etc.”). | Suspensions and pay cuts count too |
| Art. 28 | (1) A worker may apply to the Labour Relations Commission for relief. (2) The application must be made within 3 months from the date the unfair dismissal, etc. occurred. | The clock starts on the day it happened |
| Art. 31(1) | An employer or worker objecting to a regional commission’s order or dismissal of the claim may apply to the National Commission for review within 10 days of being notified. | Employers can ask for review too |
| Art. 31(2) | Against the review decision, a suit may be filed under the Administrative Litigation Act within 15 days of service of the decision. | — |
| Art. 31(3) | If no review or suit is filed in time, the order, dismissal or review decision becomes final. | Missing the deadline closes the route |
| Art. 32 | A review application or suit does not suspend the order or decision. | The order stands while you appeal |
Counting “3 months” — the Civil Act rules
The Labor Standards Act does not say how to count. Civil Act Art. 155 applies its period rules unless a law, court ruling or juristic act provides otherwise, so we apply them here. Under Art. 157 the first day is left out; under Art. 160 months are counted by the calendar, ending on the day before the corresponding date in the last month, or on that month’s last day if there is no such date. Art. 161 moves a last day that is a Saturday or public holiday to the next day.
We did not check how the commissions count in practice. A one-day difference can matter, so file well before the calculator’s last day (our note).
Four sums — our example
| Case (our example) | Last day | Worth noting (ours) |
|---|---|---|
| Dismissed 27 Oct 2026 → 3-month claim | 27 Jan 2027 (Wed) | Counted from 28 Oct; the day before 28 Jan |
| Dismissed 21 Nov 2026 → 3-month claim | 22 Feb 2027 (Mon) | 21 Feb is a Sunday |
| Notified 3 Dec 2026 → 10-day review | 14 Dec 2026 (Mon) | 13 Dec is a Sunday |
| Served 5 Jan 2027 → 15-day suit | 20 Jan 2027 (Wed) | Day 15 from 6 Jan |
The calculator moves only Saturdays and Sundays. If the last day is a public holiday such as Lunar New Year, move it to the next working day yourself. Which day counts as “the date it occurred” (the day you were told, or the day it took effect) is not spelled out, so counting from the earlier one is safer (our note).
After the decision — orders and compliance charges
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Relief order (Art. 30(1)–(2)) | If unfair dismissal is found, a relief order; if not, the claim is dismissed. Both sides get written notice | Notice starts the 10-day review clock |
| Money instead (Art. 30(3)) | If the worker does not want reinstatement, the commission may order payment of at least the wages they would have earned during the dismissal | Dismissal orders only |
| Reinstatement impossible (Art. 30(4)) | Even if the contract has ended or retirement age is reached, the commission still decides and may order wage-equivalent payment | Added 18 May 2021 |
| Compliance deadline (Decree Art. 11) | Set within 30 days of the employer’s written notice | The calculator’s “cap” |
| Compliance charge (Art. 33) | Up to ₩30 million if not complied with; advance written notice 30 days before; repeated twice a year from the first order, for no more than 2 years | Payment due within 15 days of notice (Decree Art. 12) |
| Worker’s report (Art. 33(8)) | If the employer misses the deadline, the worker may tell the commission within 15 days after it passes | The calculator’s last option |
| Penalty (Art. 111) | Not complying with a final order: up to 1 year in prison or a ₩10 million fine; prosecution needs the commission’s complaint (Art. 112) | — |
₩30 million is the cap; Decree Art. 13 puts the amounts by type of breach in Schedule 3, which we did not open.
Workplaces with fewer than five staff
Art. 11(1) applies the Act to workplaces with five or more regular workers; for four or fewer, only the provisions listed by decree apply (Art. 11(2), Decree Art. 7 → Schedule 1). Whether Art. 28 is on that list is a Schedule 1 question, and we did not open the schedule this time; our dismissal guide sets it out.
Notice pay, written notice and the under-five rules are in dismissal in Korea.
Checklist
- ☐ Keep proof of the dismissal (or suspension, pay cut) date
- ☐ Count the 3-month last day and file well before it
- ☐ Note the day you get the decision — 10 days for review
- ☐ Note service of the review decision — 15 days to sue
- ☐ If the order is ignored, tell the commission within 15 days
Questions that remain
Is it over after 3 months?
Art. 28(2) says the claim “must be made within 3 months” and gives no exception. Other routes, such as a civil suit, are outside this article and we did not check them.
Can the employer ignore the order while appealing?
No. Art. 32 says a review or suit does not suspend the order.
What if I don’t want my job back?
Under Art. 30(3) the commission may order at least the wage equivalent instead of reinstatement.
Sources
- Korean law database (law.go.kr) — Labor Standards Act Arts. 11, 23, 28–33, 111–112 — source (current text, effective 8 October 2026, Act No. 21533; checked 27 October 2026). Scope, unfair dismissal, the 3-month claim, inquiry, relief orders and money in lieu, 10-day review, 15-day suit, finality, no suspension, compliance charges (₩30 million, 30 days’ notice, twice a year, 2 years, 15-day report), penalties.
- Korean law database — Enforcement Decree Arts. 7, 11–14 — source (effective 23 October 2025, Decree No. 35436; checked 27 October 2026). Schedule 1 reference, 30-day compliance deadline, 15-day payment, Schedule 3 reference, deferral.
- Korean law database — Civil Act Arts. 155, 157, 159–161 — source (effective 17 March 2026, Act No. 21454; checked 27 October 2026). Scope, first day excluded, end of last day, calendar counting, Saturday and holiday extension.
- Not read. Decree Schedules 1 (rules for four or fewer staff) and 3 (charge amounts), commission rules, case law.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- The regional Labour Relations Commission — filing and deadlines.
- Ministry of Employment and Labor advice, a certified labour attorney — whether the dismissal was justified.
Written on 27 October 2026. The content is from the source; the glosses are ours.
