If You Have Been Unfairly Dismissed
Most people work and earn a salary to make a living. Because this is tied to one's livelihood, the workplace is an extremely important part of life. So what should you do if you are suddenly handed a recommendation to resign or a notice of dismissal? In these situations, even those who believe the dismissal is unjust and want to take legal action for unfair dismissal often fail to do so because they have no idea where to start. For those facing these difficulties and worries, you can seek advice from a legal representative experienced in civil matters.
What Is Unfair Dismissal?
Dismissal means an employer unilaterally terminating an employment contract regardless of the worker's wishes. Because dismissal can have a major impact on the livelihood of the worker and their family, the Labor Standards Act (근로기준법) requires that employers observe a justifiable reason and proper procedure when dismissing a worker. If a dismissal is carried out without such a justifiable reason and procedure, it constitutes unfair dismissal. A worker who has been unfairly dismissed may file an application for remedy with the Labor Relations Commission (노동위원회). To assess whether a dismissal had a justifiable reason, it is advisable to consult a legal expert.
The Procedure for Administrative Litigation Over Unfair Dismissal
As mentioned, a worker who has been unfairly dismissed may file an application for remedy with the Labor Relations Commission. This application must be filed within three months. Once an unfair dismissal application is submitted, a fact-finding investigation is conducted, followed by a hearing and adjudication process, after which a decision is issued. If you are not satisfied with the outcome, you must apply for review within ten days of receiving the remedy order or the dismissal decision. If the review again results in a rejection or dismissal of the application rather than a remedy order, you may then file administrative litigation over the unfair dismissal within fifteen days. In administrative litigation over unfair dismissal, the assistance of a legal representative may be necessary.
Proving Your Case With Evidence in Unfair Dismissal Litigation
If you have been unfairly dismissed, you must take legal action to obtain reinstatement and other restoration of your prior position as well as compensation for your losses. To do so, you need to have secured sufficient objective and solid evidence to support your claims, such as records of enrollment in the four major social insurances, the employment contract, bank statements showing receipt of wages, CCTV footage, recordings that establish verbal abuse or assault, and KakaoTalk or text message conversation logs. Furthermore, you must be able to argue and prove your case using this evidence, which is why the assistance of a professional legal representative is necessary.
Given the reality that many workers struggle as a result of unfair dismissal, understanding the systems available to protect your rights and taking the appropriate steps is essential.
In situations where a complaint has been filed with the Ministry of Employment and Labor (고용노동부) but the problem still remains unresolved, legal action may be necessary. In such cases, the assistance of a professional attorney acting as your legal representative is extremely important.
Through the process described above, obtaining the assistance of a legal representative to respond wisely and forcefully, achieve a reasonable outcome, and protect and restore the worker's rights and interests against unfair dismissal makes seeking the support of a legal expert an important choice.
