Being dismissed in Korea — 30 days' notice, in writing, or it does not count

Being told on a Friday not to come back on Monday is not, in Korean law, a dismissal that works. Three separate requirements have to be met, and a verbal instruction fails at least one of them.

Short answer

Just cause      no dismissal "without justifiable reason" (Art. 23(1))
Notice          at least 30 DAYS, or 30 days of ordinary wage instead (Art. 26)
In writing      the REASON and the DATE, in writing — otherwise the dismissal
                HAS NO EFFECT (Art. 27(2))
Challenge       apply to the Labour Relations Commission within 3 MONTHS (Art. 28)
Final pay       all wages and money owed within 14 DAYS (Art. 36)

Just cause

Article 23(1):

An employer shall not, without justifiable reason, dismiss, lay off, suspend, transfer, reduce the wages of, or otherwise punish a worker.

The Act does not define "justifiable reason" in a list; it puts the requirement on the employer and leaves the assessment to the Labour Relations Commission and the courts.

Article 23(2) protects two periods absolutely:

An employer shall not dismiss a worker during a period of leave for medical treatment of an occupational injury or disease, and for 30 days thereafter, nor during pre-natal and post-natal leave and for 30 days thereafter.

The exceptions are narrow: where the employer has made a lump-sum compensation under Article 84, or where the business can no longer be continued.

If you were dismissed while off with a work injury, that is the first provision to raise — see work injury compensation.

Dismissal for business reasons is its own test

Article 24(1) — dismissal for managerial reasons requires urgent managerial necessity. A transfer, acquisition or merger undertaken to prevent business deterioration is treated as satisfying that necessity.

Article 24(2) — the employer must make every effort to avoid dismissal, set reasonable and fair criteria, and select people by them. Discrimination by sex is prohibited in that selection.

"The company is struggling" is not, by itself, the standard the article sets.

Thirty days, or thirty days' pay

Article 26:

An employer intending to dismiss a worker (including dismissal for managerial reasons) shall give notice at least 30 days in advance; where notice is not given 30 days in advance, the employer shall pay at least 30 days of ordinary wage.

The exceptions:

1  the worker's continuous service is less than 3 months
2  natural disaster or other unavoidable cause makes continuing the business impossible
3  the worker intentionally caused serious disruption or property damage,
   in cases prescribed by Ministry of Employment and Labour ordinance

Exception 1 is why probation-period dismissals often come without notice; the other two are narrow and the employer has to fit inside them.

The written notice is the part that decides everything

Article 27:

① An employer intending to dismiss a worker shall notify the worker in writing of the reason for and the timing of the dismissal. ② A dismissal takes effect only if it is notified in writing under paragraph 1.

Read paragraph 2 again. It does not say the employer is fined for skipping the writing. It says the dismissal is not effective. A verbal dismissal, a phone call, or a message telling you not to come in leaves the employment relationship legally intact.

Paragraph 3 — where the 30-day notice under Article 26 was itself given in writing and stated the reason and the date, that counts as the Article 27 notice.

Keep whatever you were given. If you were given nothing, that absence is itself the strongest fact in your case.

Three months to challenge it

Article 28:

① Where an employer unfairly dismisses a worker, the worker may apply to the Labour Relations Commission for remedy. ② The application shall be filed within 3 months from the date of the unfair dismissal.

Three months is short, and it does not wait while you look for another job or arrange your visa. If you think the dismissal was unfair, get advice immediately — the Ministry of Employment and Labour on 1350 offers foreign-language counselling.

Under Article 29 the Commission investigates without delay, examines the parties, and must give both sides a full opportunity to submit evidence and cross-examine witnesses.

Your money, within 14 days

Article 36 — on death or retirement, the employer must pay wages, compensation and all other money within 14 days of the cause arising. The parties may agree to extend it where there are special circumstances.

That includes severance pay if you qualify — see severance pay in Korea — and any unused entitlements settled in your final pay.

Breach of Article 36 carries up to 3 years' imprisonment or a 30 million won fine (Article 109(1)).

If you are on a work visa

A dismissal is not only an employment problem; it affects your status of stay, and the two run on separate tracks and separate deadlines. E-9 workers should look at changing workplace on an E-9, where dismissal for reasons not attributable to you does not use up one of your changes.

For other statuses, call 1345 about your stay and 1350 about the dismissal. Do not assume that solving one solves the other.

Frequently asked questions

I was told verbally and stopped being scheduled. Article 27(2) means a dismissal without written notice of reason and date has no effect. Ask, in writing, for the written notice — the reply, or the silence, is evidence.

They paid me 30 days' wages, so it is fine? Article 26 is about notice. It does not cure a dismissal that lacks just cause under Article 23 or written notice under Article 27.

I had worked less than three months. Article 26(1) removes the notice requirement, but not Article 23 (just cause) or Article 27 (writing).

Can I go to the Commission after I have left Korea? The three-month deadline runs regardless. Ask 1350 before you fly about how to proceed from abroad.

Sources

Labor Standards Act (근로기준법)
   [in force 2026-08-20] [Act No. 21373, amended 2026-02-19]
   Art. 23 (restriction on dismissal) · Art. 24 (dismissal for managerial reasons)
   Art. 26 (advance notice of dismissal) · Art. 27 (written notice of reason and date)
   Art. 28 (application for remedy) · Art. 29 (investigation)
   Art. 36 (settlement of money) · Art. 109 (penalties)
   https://www.law.go.kr/법령/근로기준법

Ministry of Employment and Labour: 1350 · Foreigner information centre: 1345