At the Labor Relations Commission (노동위원회), the company must prove that a dismissal was justified. The dismissal grounds and evidence in your first answer carry through to the decision, so you should re-check the facts and the procedure immediately after you receive notice of the case.
What to Check Right After Receiving Notice of the Case
- Whether the applicant filed within the deadline for a remedy application (3 months from the date of dismissal)
- Whether the workplace has 5 or more regular employees, and whether the applicant is an employee
- Whether it was a dismissal, or a retirement by agreement or an expiry of the contract term
- Whether the grounds and date of dismissal were notified in writing
- Whether every disciplinary procedure set in the rules of employment or collective agreement was followed
- Whether the company still holds records that prove the grounds for discipline
Issues such as a missed deadline, a workplace with fewer than 5 employees, or a denial that the applicant is an employee can support a request to dismiss the application (각하), so address them first, at the start of the answer.
What the Answer Should Contain
| Item | How to write it |
|---|---|
| Background of the dismissal | Facts only, in date order. Emotional language or attacks on the applicant's character will work against you |
| Evidence for each ground for discipline | Submit evidence with a number matched to each ground |
| Compliance with procedure | Notice of attendance at the disciplinary committee, record of the opportunity to explain, the resolution, the dismissal notice |
| Appropriateness of the sanction (양정) | How other employees were disciplined for the same ground, and any earlier warnings |
| Ordinary dismissal (통상해고) and dismissal for managerial reasons (정리해고) | Evaluation criteria and chances to improve; materials on business necessity and efforts to avoid dismissal |
As a rule, a new ground that was not raised at the disciplinary committee and is added at the Labor Relations Commission is not taken into account in deciding whether the dismissal was justified. Strengthen your proof within the scope of the grounds stated in the dismissal notice.
Investigation, Settlement and Hearing
- Exchange of written argumentsThe applicant's statement of reasons and the company's answer are exchanged several times
- Investigator's inquiryBoth sides are summoned; the investigator confirms the issues and facts and may request additional materials
- Settlement recommendationThe case may end with a settlement payment without reinstatement, or with an adjusted level of discipline. A settlement record has the same effect as a court settlement
- HearingRepresentatives give statements and answer questions from the 3 public interest members; witnesses may attend
- DecisionThe result is announced on the day, and the written decision is delivered afterward
The hearing is where the commissioners decide the issues in a short time. It is advisable to list in advance the questions the commissioners are likely to ask, rehearse the answers with the representative or the HR manager, and prepare a one-page summary of the core of the case.
Settle or Obtain a Decision
If there is a clear procedural violation or the evidence is weak, settling before the decision reduces costs. This is because, once a remedy order is issued, the company must pay the amount equivalent to wages for the period of dismissal, and if it does not comply, enforcement fines are imposed repeatedly.
Conversely, if the same type of dispute may spread to other employees, obtaining a decision to set a standard may be the better choice. Settlement terms should include confidentiality, a ban on mutual disparagement, and a waiver of other claims, so that the dispute does not reopen.
When You Receive a Remedy Order
Filing for review or an administrative lawsuit does not suspend the effect of the remedy order. If you do not reinstate the employee and pay the amount equivalent to wages by the compliance deadline, an enforcement fine (이행강제금) is imposed, so even if you intend to appeal, first decide whether and how you will comply.
Reinstatement to the original position (원직복직) means returning the employee to the same work and position as before the dismissal. Reinstating only in form and then assigning completely different work or placing the employee on standby (대기발령) may be treated as failure to comply with the remedy order.
Rules on the Remedy Procedure
| Subject | Basis | Summary |
|---|---|---|
| Remedy order | Labor Standards Act (근로기준법) Article 30 | If unfair dismissal etc. is found, an order to reinstate the employee and pay the amount equivalent to wages |
| Application for review | Labor Standards Act Article 31(1) | To the National Labor Relations Commission (중앙노동위원회) within 10 days of receiving the written decision |
| Effect of the remedy order | Labor Standards Act Article 32 | The effect is not suspended by an application for review or an administrative lawsuit |
| Enforcement fine | Labor Standards Act Article 33 | If the order is not followed by the compliance deadline, up to KRW 30 million (3천만원), imposed repeatedly up to 2 times a year for up to 2 years |
| Failure to comply with a finalized remedy order | Labor Standards Act Article 111 | Imprisonment for up to 1 year or a fine of up to KRW 10 million (1천만원) |
If you receive a remedy order, you must reinstate the employee and pay the amount equivalent to wages within the compliance deadline stated in the written decision (usually within 30 days after the decision is delivered). Even if you appeal, the imposition of enforcement fines proceeds separately.
Materials to Gather Before Submitting the Answer
- Employment contract, rules of employment (the version in force at the relevant time), collective agreement
- Dismissal notice and proof of delivery
- Notice of the disciplinary committee meeting, minutes, resolution, written explanation
- Emails, reports, incident reports and CCTV footage showing the grounds for discipline
- Earlier warning letters, letters of apology (시말서), performance evaluation records
- Precedents of disciplining other employees for the same ground
Labor Relations Commission cases: frequently asked questions
What happens if we miss the deadline for submitting the answer?
The employee wants money instead of reinstatement.
If a dismissal is cancelled because of a procedural defect, can we dismiss the employee again?
Must the company representative attend the hearing?
Applicable law: Labor Standards Act (근로기준법). Written based on the laws in force on 2026-09-17. This page provides general legal information and is not legal advice on a specific case. Labor laws and court decisions change often, so decide how to respond after consulting a lawyer who has reviewed your documents, such as your contract and any notices you received.
This page is an English translation of the Korean original. If the two differ, the Korean version prevails. Korean page ›