References
▷ A few Acts were amended in 2025 (Listed in the References section).
Enforcement Decree of the Act on the Protection of Fixed-term and Part-time Employees [ED-FTPTE], Presidential Decree, No. 20093 of 2007, as last amended by Presidential Decree No. 31611, Apr. 6, 2021
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Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion, as last amended by Act No. 18921, Jun. 10, 2022
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Labour Standards Act [LSA], Act No. 5309 of 17 March 1997, as last amended by Act No. 20520, Oct. 22, 2024
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Enforcement Decree of the Labour Standards Act [ED-LSA], Presidential Decree No. 15320 of 27 March 1997, as last amended by Presidential Decree No. 35436, Apr. 8, 2025
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Public Interest Whistleblower Protection Act (WPA) as last amended by the Act No. 20751, Jan. 31, 2025 and the Act No. 20844, Mar. 25, 2025
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Act on the Protection of Fixed-term and Part-time Employees [FTPTE], Act No. 8074 of 21 December 2006, as amended by Act No. 18177, May 18, 2021
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Labour Relations Commission Act [LRCA], Act No. 5311 of 13 March 1997, as last amended by Act No. 17863, Jan. 5, 2021
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Equal Employment Opportunity and Work-Family Balance Assistance Act (or Equal Employment Act) [EEA], Act No. 3989 of 4 December 1987, as last amended by Act No. 21065, Oct. 1, 2025
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Trade Union and Labour Relations Adjustment Act [TULRAA], Act No. 5310 of 13 March 1997, as last amended by Act No. 21045, Sep. 9, 2025
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Scope
Size of enterprises excluded (≤): 5
▶ Labour Standards Act - (as amended in 2024)
The LSA does not apply to workplaces with fewer than 5 workers.
→ Section 11 LSA indicates that:
(1) This Act shall apply to all businesses or workplaces in which not less than five workers are ordinarily employed: (...).
(2) With respect to businesses or workplaces which ordinarily employ fewer than five workers, only part of the provisions of this Act may be made applicable as prescribed by the Presidential Decree.
(3) In the application of this Act, the method of calculating the number of workers ordinarily employed shall be prescribed by the Presidential Decree".
Workers' categories excluded: employer's family members, civil/public servants, domestic workers
▶ Labour Standards Act - (as amended in 2024)
The LSA does not apply to domestic workers or to businesses that employ only relatives living together.
→ Section 11(1) LSA: (...) this Act shall neither apply to any business or workplace in which only the employer's blood relatives living together are engaged, nor to servants hired for the employer's domestic works.
▷ Although not specified in the Act, it does not apply to public/civil servants whose employment is regulated by specific rules. See the website of the Republic of Korea Civil Service Commission: http://www.csc.go.kr/eng/csS/css03.asp
FTC regulated: Yes
▶ Act on the Protection of Fixed-Term and Part-Time Employees (FTPTE) - (as amended in 2021)
→ Section 2(1) FTPTE indicates that: The term "fixed-term employee" means an employee who has signed an employment contract whose period is fixed (hereinafter referred to as "fixed-term employment contract")
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 16 (Term of Contract) provides that: The term of a labour contract shall not exceed one year, except in cases where no term is fixed, or a term is fixed as necessary for the completion of a project.
Valid reasons for FTC use: no limitation
▶ Act on the Protection of Fixed-Term and Part-Time Employees (FTPTE) - (as amended in 2021)
No limitation for the conclusion of 1 or more fixed-term contracts, provided that the total cumulative duration does not exceed 2 years.
→ Section 4 FTPTE indicates that:
(1)Any employer may hire a fixed-term employee for a period not exceeding two years (where his or her fixed-term employment contract is repetitively renewed, the total period of his or her continuous employment shall not exceed two years): Provided, That where a fixed-term employee falls under any of the following subparagraphs, any employer may hire such employee for more than two years:
1.Where the period required to complete a project or particular task is specified;
2.Where a fixed-term employee is needed to fill a vacancy arising from an employee's temporary suspension from duty or dispatch until the relevant employee returns to work;
3.Where the period required for an employee to complete his or her schoolwork or vocational training is specified;
4.Where an employer enters into an employment contract with a senior citizen as defined in subparagraph 1 of section 2 of the Employment Promotion for the Aged Act;
5.Where the job requires professional knowledge and skills or is offered as part of the Government's welfare or unemployment measures, as prescribed by Presidential Decree;
6.Where any reasonable ground exists equivalent to those mentioned in subparagraphs 1 through 5, as prescribed by Presidential Decree.
(2)Where any employer hires a fixed-term employee for more than two years although those grounds under the proviso of paragraph (1) do not exist or cease to exist, such fixed-term employee shall be deemed an employee subject to non-fixed term employment contract.
▶ Enforcement Decree of the Act on the Protection of Fixed-Term and Part-Time Employees (ED-FTPTE) - (as amended in 2021)
▷ Exception of Restriction on Period of Employment for Fixed-Term Employees
→ Section 3 of the ED-FTPTE provides that:
(1)"Where the job requires professional knowledge and skills, as prescribed by Presidential Decree" under section 4 (1) 5 of the Act shall be any of the following:
1.Where an employee has a doctorate (including a doctorate conferred in a foreign country) and engages in the relevant field;
2.Where an employee has a national technical qualification of the grade for professional engineer under section 9 (1) 1 of the National Technical Qualifications Act and engages in the relevant field;
3.Where an employee has a professional qualification specified in Appendix 2 and engages in the relevant field.
(2)"Where the job is offered as part of the Government's welfare or unemployment measures, as prescribed by Presidential Decree" under section 4 (1) 5 of the Act shall be any of the following:
1.Where the job is offered to develop the vocational capacities of the national, to promote their employment, and to provide services socially necessary under other statutes such as the Framework Act on Employment Policy and the Employment Insurance Act;
2.Where the job is offered to increase the employment of discharged soldiers and stabilize their livelihood under section 3 of the Support for Discharged Soldiers Act;
3.Where human resources for welfare support are operated, such as assistants for welfare improvement and livelihood stabilization for persons entitled to veterans benefits under section 19 (2) of the Framework Act on Veterans Affairs.
(3)"Where prescribed by Presidential Decree" under section 4 (1) 6 of the Act shall be any of the following:
1.Where other statutes determine the employment term of fixed-term employees differently from section 4 (1) of the Act, or allow the conclusion of an employment contract by fixing a separate term;
2.Where an employee who has specialized military knowledge and skills acknowledged by the Minister of National Defence engages in the relevant job or lectures subjects relating to security and military science at a university or a college under subparagraph 1 of section 2 of the Higher Education Act;
3.Where an employee with special career experience engages in affairs related to national security, national defence, diplomacy or reunification;
4.Where an employee engages in any of the following at a school specified in section 2 of the Higher Education Act (including a graduate school, university, or college under section 30 of the same Act):
(a)Affairs of an instructor or assistant instructor under section 14 of the Higher Education Act;
(b)Affairs of an honorary professor, a school teacher holding concurrent posts, a visiting teacher, etc., under section 7 of the Enforcement Decree of the Higher Education Act;
5.Where the wage and salary income under section 20 (1) of the Income Tax Act (referring to annual average wage and salary income for the recent two years) of an employee who engages in a job of main classification 1 and main classification 2 pursuant to the Korean Standards Classification notified under section 22 of the Statistics Act falls under 25/100 of the superior position of the wage and salary income of an employee who engages in main classification 2 pursuant to the Korean Standard Classification of the survey on the status of work by employment type that is recently surveyed by the Minister of Employment and Labour;
6.Where a part-time employee whose contracted weekly working hours are clearly short under section 18 (3) of the Labour Standards Act;
7.Where an employee engages in the affairs of a player under subparagraph 4 of section 2 and a certified sports leader under subparagraph 6 of the same section of the National Sports Promotion Act;
8.Where an employee engages directly in research affairs in any of the following research institutes or engages in the affairs directly involving and supporting the research affairs, such as performance of experiments and investigations, etc.:
(a)National research institutes;
(b)Government-funded research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc, or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.
(c)Specific research institutes under the Specific Research Institutes Support Act;
(d)Research institutes established under the Act on the Establishment and Operation of Local Government-Invested Research Institutes;
(e)Affiliated institutions of public institutions under the Act on the Management of Public Institutions;
(f)Affiliated institutions of enterprises or universities;
(g)Research institutes which are corporations established under the Civil Act or other statutes.
Maximum number of successive FTCs: no limitation
▶ Act on the Protection of Fixed-Term and Part-Time Employees (FTPTE) - (as amended in 2021)
No limitation for the conclusion of 1 or more fixed-term contracts, provided that the total cumulative duration does not exceed 2 years.
→ Section 4(1) FTPTE indicates that:
(1)Any employer may hire a fixed-term employee for a period not exceeding two years (where his or her fixed-term employment contract is repetitively renewed, the total period of his or her continuous employment shall not exceed two years): (...).
▶ Enforcement Decree of the Act on the Protection of Fixed-Term and Part-Time Employees (ED-FTPTE) - (as amended in 2021)
→ Section 3 ED-FTPTE provides specific exceptions to the two-year cumulative limit (§ 4(1) of the FTPTE). These exceptions include:
▻ Highly specialised roles (PhD holders, professional engineers, certain national technical qualifications).
▻ Government welfare or unemployment support programmes.
▻ National security, defence, diplomacy or reunification-related positions.
▻ Research positions in designated public or university research institutes.
▻ High-income employees (top 25 % wage bracket in certain job categories).
▻ Professional athletes and certain part-time roles with very short hours.
In these exceptional cases, an employer may hire a fixed-term employee for a total period exceeding two years. However, once the exceptional ground ceases to exist, the fixed-term employee shall be deemed to be employed under a non-fixed-term (indefinite) labour contract pursuant to Section 4(2) of the FTPTE.
Maximum cumulative duration of successive FTCs: 24month(s)
▶ Act on the Protection of Fixed-Term and Part-Time Employees (FTPTE) - (as amended in 2021)
The maximum duration shall not exceed 2 years.
→ Section 4 FTPTE indicates that: Any employer may hire a fixed-term employee for a period not exceeding two years (where his or her fixed-term employment contract is repetitively renewed, the total period of his or her continuous employment shall not exceed two years): (...).
Maximum probationary (trial) period (in months): 3 month(s)
▶ Enforcement Decree of the Labour Standards Act (ED-LSA) - (as amended in 2025)
→ Under section 2(1)(1) ED-LSA, reference is made to probationary period for the calculation of average wages, indicating that: A period not exceeding three months from the date on which an employee on probation starts working as a probationary employee after concluding a labour contract; (...).
Excluded from protection against dismissal:
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Under section 11 of the LSA, workers in undertakings with fewer than five employees, as well as the employer's blood relatives living together, and servants hired for the employer's domestic work, are excluded from the application of the LSA and therefore from the protection it offers against dismissal.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: marital status, pregnancy, maternity leave, family responsibilities, temporary work injury or illness, sex, religion, social origin, nationality/national origin, age, trade union membership and activities, exercise of a right, others, parental leave, participation in a lawful strike, whistle blowing
▶ Labour Standards Act (LSA) - (as amended in 2024)
▷ Non-discrimination
→ Section 6 LSA provides for a general prohibition of discrimination against workers on the grounds of gender, nationality, religion or social status.
▷ Occupational injury or disease and child birth
→ Section 23(2) indicates that: An employer shall not dismiss an employee during a period of suspension of work for medical treatment of an occupational injury or disease and within 30 days immediately thereafter, and any woman before and after childbirth shall not be dismissed during a period of suspension of work as prescribed by this Act and for 30 days immediately thereafter: Provided, That this shall not apply where the employer has paid a lump sum compensation as provided for under section 84 or where the employer may not continue to conduct his or her business.
▶ Equal Employment Act (EEA) - (as amended in 2025)
▷ Non-discrimination
The EEA prohibits discriminatory dismissals on the grounds of age, sex, marriage, family status, pregnancy or childbirth.
→ Section 2 EEA states that: The term "discrimination" means that an employer discriminates against an employee in employment or working conditions, or takes any other disadvantageous measures without any rational reason, on grounds of gender, marriage, status within family, pregnancy or childbirth, etc. (...).
→ Section 11 EEA indicates that:
(1)No employer shall discriminate on grounds of gender in age limit, retirement, and dismissal of his or her employees.
(2)No employer shall conclude an employment contract that stipulates marriage, pregnancy, or childbirth of female employees as grounds for retirement.
▷ Sexual harassment
→ Section 14(6)(1) EEA stipulates that: No employer shall give an employee who reports that sexual harassment has occurred or a harassed employee, etc. any of the following disadvantageous treatments:
1.Dismissal, removal from office, discharge or any other disadvantageous treatment corresponding to the loss of status; (...).
→ Section 14-2(2) EEA provides that: No employer shall dismiss, or take any other disadvantageous measures against, an employee on account of his or her claim that he or she suffered damage under paragraph (1) or of disregard for sexual demands from clients, etc.
▷ Paternity Leave - [Added by Act No. 16558, Aug. 27, 2019]
→ Section 18-2(5) EEA states that: No employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of paternity leave.
▷ Fertility Treatment Leave
→ Section 18-3(2) EEA indicates that: No employer shall give disadvantageous treatment such as dismissal or disciplinary punishment on the grounds that an employee takes fertility treatment leave.
▷ Childcare
→ Section 19(3) EEA stipulates that: No employer shall dismiss, or take any other disadvantageous measure against, an employee on account of childcare leave, or dismiss the relevant employee during the period of childcare leave: Provided, That this shall not apply where the employer is unable to continue his or her business.
→ Section 19-2(5) EEA provides that: No employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of reduced working hours for a period of childcare.
▷ Family care
→ Under section 22-2(6) EEA, no employer shall dismiss the relevant employee, deteriorate his or her working conditions, or take any other disadvantageous measures against him or her on grounds of family care leave or short-term family care leave.
New: The number of sub-section has been modified to 22-2(6) [previously 22-2(5)] (Amended on Sep. 8, 2020).
▷ Reduced working hours
→ Under section 22-3(5) EEA, no employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of reduced working hours.
▶ Trade Union and Labour Relations Adjustment Act (TULRAA) - (as amended in 2025)
→ Section 81(1) and (5) of the TULRAA indicates that: Employers shall not conduct any act falling under any of the following subparagraphs :
1.Dismissal or unfavourable treatment of a worker on grounds that he has joined or intends to join a trade union, or has attempted to organize a trade union, or has performed any other lawful act for the operation of a trade union; (...).
5.Dismissal of workers or acts against their interests on the ground that they have participated in justifiable collective activities, or that they reported to or testified before the Labour Relations Commission the fact that the employer has violated the provisions of this section, or that they have presented other evidence to the relevant administrative agencies.
▶ Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion (PADE-EEP) - (as amended in 2022)
→ New Section 4-4 PADE-EEP provides for prohibition of age discrimination, including with regard to dismissal, indicating that:
(1)Employers shall not discriminate against any of their workers or any person who wishes to work for an employer, on the grounds of age without reasonable grounds in the following areas (Amended on May 26, 2020):
1.Recruitment and employment;
2.Salary, provision of money and valuables other than salary, or other welfare benefits;
3.Education and training;
4.Placement, transfer, or promotion;
5.Retirement or dismissal.
→ Section 4-9 of the PADE-EEP indicates that: No employer shall engage in any unfavourable treatment, such as dismissal, transfer, or disciplinary action, against a worker on the ground that the worker has filed a petition, lawsuit or report, or provided data, response or testimony regarding an act of age discrimination banned by this Act.
▶ Public Interest Whistleblower Protection Act (WPA) - (as amended in 2025)
→ Section 15(1) WPA indicates that: No person shall take disadvantageous measures against a whistleblower, etc. by reason of having filed a public interest report, etc. (...).
→ Under section 2(6)(a) of the WPA, the term "disadvantageous measures" means. among others: Dismissal, release from office, discharge, or other disadvantageous measures against a person's social position equivalent to the loss of social position; (...)
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 23(2): Special protection against dismissal during temporary suspension for occupational injury/disease and maternity leave (30 days before and after childbirth).
▶ Equal Employment Act (EEA) - (as amended in 2025)
→ Sections 11, 14(6)(1), 14-2(2), 18-2(5), 18-3(2), 19(3), 19-2(5), 22-2(6) and 22-3(5): Protection against dismissal or disadvantageous treatment on grounds of pregnancy, paternity leave, childcare leave, family care leave, fertility treatment leave, reduced working hours and reporting sexual harassment.
▶ Trade Union and Labour Relations Adjustment Act [TULRAA] (as amended in 2025)
→ Section 81(1) and (5): Protection against dismissal or unfavourable treatment on grounds of trade union membership or activities.
▶ Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion [PADE-EEP] (as amended in 2022)
→ Sections 4-4 and 4-9: Protection against age discrimination and retaliation in dismissal.
▶ Public Interest Whistleblower Protection Act (WPA) - (as amended in 2025)
→ Section 15(1): Protection against disadvantageous measures (including dismissal) for whistleblowing.
⫸ For more detailed information, see the section above titled: "Prohibited grounds".
Notification to the worker to be dismissed: written
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 27 LSA (Written Notification of Reasons for Dismissal) indicates that:
(1) When an employer intends to dismiss an employee, he or she shall notify the employee in writing of grounds and timing for the dismissal.
(2)The dismissal of an employee shall become effective only upon a written notice pursuant to paragraph (1).
(3)Where an employer has given an employee an advance notice of dismissal under section 26 in writing, stating grounds and timing for dismissal, the employer shall be deemed to have given notification under paragraph (1).
Notice period:
▶ Labour Standards Act [LSA] (as amended in 2024)
→ Section 26 LSA (Advance Notice of Dismissal) indicates that: When an employer intends to dismiss an employee (including dismissal for management reasons), he or she shall give the employee a notice of dismissal at least 30 days in advance of such dismissal, and, if the employer fails to give such advance notice, he or she shall pay such employee a 30 days' ordinary wage at the least: Provided, That where any of the following is applicable, this shall not apply:
1.Where the period during which the employee has worked continuously is less than three months;
2.Where continuation of the business is impossible due to natural disasters, incidents or other unavoidable circumstances;
3.Where the employee has intentionally caused serious damage to the business or property loss, which falls under the reasons prescribed by the Ministerial Decree of Employment and Labour.
Pay in lieu of notice: Yes
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 26 LSA (Advance Notice of Dismissal) indicates that: When an employer intends to dismiss an employee (including dismissal for management reasons), he or she shall give the employee a notice of dismissal at least 30 days in advance of such dismissal, and, if the employer fails to give such advance notice, he or she shall pay such employee a 30 days' ordinary wage at the least: Provided, That where any of the following is applicable, this shall not apply:
1.Where the period during which the employee has worked continuously is less than three months;
2.Where continuation of the business is impossible due to natural disasters, incidents or other unavoidable circumstances;
3.Where the employee has intentionally caused serious damage to the business or property loss, which falls under the reasons prescribed by the Ministerial Decree of Employment and Labour.
Notification to the public administration: No
▷ No general requirement. However, an exception applies to dismissals of "personnel" for managerial reasons (§ 24 LSA).
▻ For more information, see below under the Section on "collective dismissals"
Notification to workers' representatives: No
▷ No general requirement. However, an exception applies to dismissals for managerial reasons (§ 24 LSA).
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 24 LSA indicates that:
(1)Where an employer intends to dismiss an employee for managerial reasons, there must be an urgent managerial necessity. In this case, it shall be deemed that there is an urgent managerial necessity for the transfer, merger, or acquisition of the business in order to prevent managerial deterioration.
(2)In case of paragraph (1), an employer shall make every effort to avoid dismissal and shall establish and follow reasonable and fair criteria for the selection of those persons subject to dismissal. In this case, there shall be no discrimination on the basis of gender.
(3)Where there is an organized labour union that represents more than half of the employees at the business or workplace, the employer shall inform at least 50 days before the intended date of dismissal and consult in good faith with the labour union (where there is no such organized labour union, this shall refer to a person who represents more than half of the employees; hereinafter referred to as "labour representative") regarding the methods for avoiding dismissals, the criteria for dismissal, etc. under paragraph (2). (...).
Approval by public administration or judicial bodies: No
No statutory provisions were found in the examined legislation in this respect.
Approval by workers' representatives: No
No statutory provisions were found in the examined legislation in this respect.
Definition of collective dismissal (number of employees concerned)
1) More than 10 employees in businesses or workplaces with up to 99 employees;
2) More than 10% in businesses or workplaces with 100 to 999 employees;
3) 100 employees or more in businesses or workplaces with at least 1000 employees.
▶ Enforcement Decree of the Labour Standards Act (ED-LSA) - (as amended in 2025)
→ Section 10 ED-LSA indicates that:
(1)An employer who intends to lay off employees in numbers in accordance with section 24 (4) of the Act shall submit a report thereon to the Minister of Employment and Labour at least 30 days before the date on which the intended layoff begins:
1.The business or workplace with a regular workforce of not more than 99 employees: 10 persons or more;
2.The business or workplace with a regular workforce of at least 100 employees, but no more than 999 employees: Ten per cent or more of the number of the regular workforce;
3.The business or workplace with a regular workforce of at least 1,000 employees: 100 persons or more. (...).
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 24(1) and (4) LSA indicates that:
(1) Where an employer intends to dismiss an employee for managerial reasons, there must be an urgent managerial necessity. In this case, it shall be deemed that there is an urgent managerial necessity for the transfer, merger, or acquisition of the business in order to prevent managerial deterioration.
(...).
(4) When an employer intends to dismiss personnel under paragraph (1) above, the fixed limit prescribed by Presidential Decree, he or she shall report to the Minister of Employment and Labour as determined by Presidential Decree.
Notification to the public administration Yes
▷ Consultation with the workers' representatives shall take place prior to any dismissal for managerial reasons, regardless of the number of employees concerned (§ 24 LSA).
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 24 LSA indicates that:
(1)Where an employer intends to dismiss an employee for managerial reasons, there must be an urgent managerial necessity. In this case, it shall be deemed that there is an urgent managerial necessity for the transfer, merger, or acquisition of the business in order to prevent managerial deterioration.
(2) (...).
(3)Where there is an organized labour union that represents more than half of the employees at the business or workplace, the employer shall inform at least 50 days before the intended date of dismissal and consult in good faith with the labour union (where there is no such organized labour union, this shall refer to a person who represents more than half of the employees; hereinafter referred to as "labour representative") regarding the methods for avoiding dismissals, the criteria for dismissal, etc. under paragraph (2). (...).
Notification to trade union (workers' representatives) Yes
▶ Enforcement Decree of the Labour Standards Act (ED-LSA) - (as amended in 2025)
→ Section 10 ED-LSA indicates that:
(1)An employer who intends to lay off employees in numbers in accordance with section 24(4) of the Act shall submit a report thereon to the Minister of Employment and Labour at least 30 days before the date on which the intended layoff begins:
1.The business or workplace with a regular workforce of not more than 99 employees: 10 persons or more;
2.The business or workplace with a regular workforce of at least 100 employees, but no more than 999 employees: Ten per cent or more of the number of the regular workforce;
3.The business or workplace with a regular workforce of at least 1,000 employees: 100 persons or more.
(2)The reporting under paragraph (1) shall contain the following matters:
1.Grounds for layoff;
2.Planned number of employees for layoff;
3.Details of agreement with the representative of employees;
4.Timetable for layoff.
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 24(1) and (4) LSA indicates that:
(1) Where an employer intends to dismiss an employee for managerial reasons, there must be an urgent managerial necessity. In this case, it shall be deemed that there is an urgent managerial necessity for the transfer, merger, or acquisition of the business in order to prevent managerial deterioration.
(...).
(4) When an employer intends to dismiss personnel under paragraph (1) above, the fixed limit prescribed by Presidential Decree, he or she shall report to the Minister of Employment and Labour as determined by Presidential Decree.
Notification to workers' representatives: Yes
▷ Employer shall inform workers' representatives at least 50 days in advance. Notification to the workers' representatives shall take place prior to any dismissal for managerial reasons, regardless of the number of employees concerned (§ 24(3) LSA).
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 24 LSA indicates that:
(1)Where an employer intends to dismiss an employee for managerial reasons, there must be an urgent managerial necessity. In this case, it shall be deemed that there is an urgent managerial necessity for the transfer, merger, or acquisition of the business in order to prevent managerial deterioration.
(2) (...).
(3)Where there is an organized labour union that represents more than half of the employees at the business or workplace, the employer shall inform at least 50 days before the intended date of dismissal and consult in good faith with the labour union (where there is no such organized labour union, this shall refer to a person who represents more than half of the employees; hereinafter referred to as "labour representative") regarding the methods for avoiding dismissals, the criteria for dismissal, etc. under paragraph (2). (...).
Approval by trade union (workers' representatives) No
No statutory provisions were found in the examined legislation in this respect.
Approval by workers' representatives No
No statutory provisions were found in the examined legislation in this respect.
Priority rules for collective dismissals (social considerations, age, job tenure) No
▷ No statutory selection criteria for collective dismissals. However, section 24(2) of the LSA provides that the employer shall select workers to be dismissed by establishing rational and fair criteria, and that there shall be no discrimination on the basis of gender.
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 24(2) LSA indicates that: Where an employer intends to dismiss an employee for managerial reasons, (...), an employer shall make every effort to avoid dismissal and shall establish and follow reasonable and fair criteria for the selection of those persons subject to dismissal. In this case, there shall be no discrimination on the basis of gender. (...).
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) Yes
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 25 LSA indicates that: When an employer who has dismissed an employee under the provisions of section 24 intends to hire, within three years of the date of the dismissal, any employee who will perform the same duty as the dismissed employee did at the time of such dismissal, he or she shall preferentially rehire the employee dismissed under section 24, if the employee so desires.
Priority rules for re-employment Yes
▷ Employers' obligation to make every effort.
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 24(2) LSA indicates that: Where an employer intends to dismiss an employee for managerial reasons, (...), an employer shall make every effort to avoid dismissal and shall establish and follow reasonable and fair criteria for the selection of those persons subject to dismissal. In this case, there shall be no discrimination on the basis of gender. (...).
tenure ≥ 6 months: 0 month(s).
tenure ≥ 9 months: 0 month(s).
tenure ≥ 1 year: 0 month(s).
tenure ≥ 2 years: 0 month(s).
tenure ≥ 4 years: 0 month(s).
tenure ≥ 5 years: 0 month(s).
tenure ≥ 10 years: 0 month(s).
tenure ≥ 20 years: 0 month(s).
tenure ≥ 6 months: 0 month(s).
tenure ≥ 9 months: 0 month(s).
tenure ≥ 1 year: 0 month(s).
tenure ≥ 2 years: 0 month(s).
tenure ≥ 4 years: 0 month(s).
tenure ≥ 5 years: 0 month(s).
tenure ≥ 10 years: 0 month(s).
tenure ≥ 20 years: 0 month(s).
No statutory severance pay as such or redundancy payment.
mine workers: Yes
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 28 LSA indicates that:
(1)When an employee is subjected by the employer to any unfair dismissal, etc., he or she may request a remedy therefor from a labour relations commission.
(2)A request for remedy under paragraph (1) shall be made within three months from the date of the unfair dismissal, etc.
▶ Trade Union and Labour Relations Adjustment Act (TULRAA) - (as amended in 2025)
→ Section 82 TULRAA states that:
(1)A worker or trade union may make an application for remedy to the Labour Relations Commission concerned on the ground that his/her rights have been infringed by an unfair labour practice on the part of the employer.
(2)Application for remedy as referred to in paragraph (1) shall be made within three months from the date of occurrence of the unfair labour practice concerned (where any such practice is in progress, from the date of its termination).
▷ Unfair Labour Practice
→ Under section 81 (1 and 5) of the TULRAA, employers shall not conduct any act falling under any of the following subparagraphs (hereinafter referred to as an "unfair labour practice"):
1.Dismissal or unfavourable treatment of a worker on grounds that he has joined or intends to join a trade union, or has attempted to organize a trade union, or has performed any other lawful act for the operation of a trade union; (...).
5.Dismissal of workers or acts against their interests on the ground that they have participated in justifiable collective activities, or that they reported to or testified before the Labour Relations Commission the fact that the employer has violated the provisions of this section, or that they have presented other evidence to the relevant administrative agencies.
No statutory provisions were found in the examined legislation in this respect.
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Damages in lieu of reinstatement should not be less than the salary the worker would have earned if he had not been dismissed.
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 30 LSA indicates that:
(1)If a dismissal, etc. is judged to be unfair in consequence of the examination under section 29, the Labour Relations Commission shall issue to the employer an order for remedy, and, if the dismissal, etc. is judged not to be unfair, make a decision to reject the request for remedy.
(2)The judgment, order for remedy and decision of rejection under paragraph (1) shall be notified in writing to the employer and employee, respectively.
(3)In issuing an order for remedy (only referring to an order for remedy following dismissal) under paragraph (1), if an employee does not desire to be reinstated in his or her former office, the Labour Relations Commission may, instead of issuing an order to reinstate him or her in his or her former office, order the employer to pay such employee the amount of money or other valuables equivalent to or higher than the amount of wages which he or she would have been paid if he or she had offered work during the period of dismissal.
(4) New - Added on May 18, 2021: The Labour Relations Commission shall issue an order for remedy or make a decision on dismissal under paragraph (1), even if it is impossible to reinstate the employee in his or her former office (referring to reinstatement in cases other than dismissal) due to expiration of the employment contract, arrival of the retirement age, etc. In such cases, where the Labour Relations Commission judges that the case at issue constitutes unfair dismissal, etc., it may order the employer to pay the employee money and goods equivalent to the amount of wages that the employee would have received if he or she had provided labour during the period of dismissal (referring to money and goods equivalent to reinstatement, in cases other than dismissal).
managerial / executive positions: Yes
▶ Labour Standards Act (LSA) - (as amended in 2024)
→ Section 30 LSA indicates that:
(1)If a dismissal, etc., is judged to be unfair in consequence of the examination under section 29, the Labour Relations Commission shall issue to the employer an order for remedy, and, if the dismissal, etc., is judged not to be unfair, make a decision to reject the request for remedy.
(2)The judgment, order for remedy and decision of rejection under paragraph (1) shall be notified in writing to the employer and employee, respectively.
(3)In issuing an order for remedy (only referring to an order for remedy following dismissal) under paragraph (1), if an employee does not desire to be reinstated in his or her former office, the Labour Relations Commission may, instead of issuing an order to reinstate him or her in his or her former office, order the employer to pay such employee the amount of money or other valuables equivalent to or higher than the amount of wages which he or she would have been paid if he or she had offered work during the period of dismissal.
(4) New - Added on May 18, 2021: The Labour Relations Commission shall issue an order for remedy or make a decision on dismissal under paragraph (1), even if it is impossible to reinstate the employee in his or her former office (referring to reinstatement in cases other than dismissal) due to expiration of the employment contract, arrival of the retirement age, etc. In such cases, where the Labour Relations Commission judges that the case at issue constitutes unfair dismissal, etc., it may order the employer to pay the employee money and goods equivalent to the amount of wages that the employee would have received if he or she had provided labour during the period of dismissal (referring to money and goods equivalent to reinstatement, in cases other than dismissal).
police: No
Preliminary conciliation is not mandatory. However, pursuant to section 16-3 (1) of the Labour Commission Relations Act, the Labour Relations Commission may recommend conciliation or present a conciliation proposal at the request of one of the parties concerned or on its own initiative.
▶ Labour Relations Commission Act (LRC) - (as amended in 2021)
→ Section 1(1) of the LRC indicates that: The purpose of this Act is to contribute to the stabilization and development of labour relations, by establishing the Labour Relations Commissions which promptly and impartially perform functions of adjudication and conciliation with respect to labour relations, and providing for matters on the operation thereof.
→ Section 2-2 LRC on "Business Affairs Falling under Jurisdiction of Labour Relations Commissions" as amended on Jan. 5, 2021 states that:
The business affairs of the Labour Relations Commissions shall be as follows:
1.Business affairs relevant to adjudication, decision, resolution, approval, recognition, the correction of discriminatory treatment, etc. under the Trade Union and Labour Relations Adjustment Act, the Labour Standards Act, the Act on the Promotion of Workers’ Participation and Cooperation, the Act on the Establishment and Operation of Teachers’ Unions, the Act on the Establishment and Operation of Public Officials’ Unions, the Act on the Protection of Fixed-Term and Part-Time Employees, the Act on the Protection of Temporary Agency Workers, and the Act on Work-Study Combination at Industrial Sites;
2.Business affairs relevant to the conciliation and arbitration of labour disputes under the Trade Union and Labour Relations Adjustment Act, the Act on the Establishment and Operation of Teachers’ Unions, and the Act on the Establishment and Operation of Public Officials’ Unions, or to the support of the autonomous settlement of labour disputes by the relevant parties;
3.Business affairs relevant to survey, research, education, publicity, etc., related to the performance of those referred to in subparagraphs 1 and 2;
4.Other business affairs prescribed as those falling under the jurisdiction of the Labour Relations Commissions by other Acts.
▷ The competent body to hear and adjudicate disputes arising out of the employment relationship, including unfair dismissals, is the Labour Relations Commission. It is a quasi-judicial governmental body affiliated with the Ministry of Employment and Labour. (See section 28 LSA, 82 TULRAA, and the Labour Relations Commission Act of 1997, as last amended on 26 May 2021).
▶ Labour Relations Commission Act (LRC) - (as amended in 2021)
→ Section 2 of the LRC provides for the "Classification, Jurisdiction, etc. of Labour Relations Commissions", indicating that:
(1)The Labour Relations Commissions shall be classified into the National Labour Relations Commission, Regional Labour Relations Commissions, and Special Labour Relations Commissions.
(2)The National Labour Relations Commission and Regional Labour Relations Commissions shall be established under the control of the Minister of Employment and Labour, and the names, locations, and jurisdictional areas of the respective Regional Labour Relations Commissions shall be prescribed by Presidential Decree.
(3)If deemed necessary for dealing with matters prescribed in any relevant Act or subordinate statute, a Special Labour Relations Commission shall be established under the control of the head of the central administrative agency which has jurisdiction over the said specific matters.
→ New Section 2-2 LRC on "Business Affairs Falling under Jurisdiction of Labour Relations Commissions" indicates that:
The business affairs of the Labour Relations Commissions shall be as follows:
1.Business affairs relevant to adjudication, decision, resolution, approval, recognition, the correction of discriminatory treatment, etc. under the Trade Union and Labour Relations Adjustment Act, the Labour Standards Act, the Act on the Promotion of Workers’ Participation and Cooperation, the Act on the Establishment and Operation of Teachers’ Unions, the Act on the Establishment and Operation of Public Officials’ Unions, the Act on the Protection of Fixed-Term and Part-Time Employees, the Act on the Protection of Temporary Agency Workers, and the Act on Work-Study Combination at Industrial Sites;
2.Business affairs relevant to the conciliation and arbitration of labour disputes under the Trade Union and Labour Relations Adjustment Act, the Act on the Establishment and Operation of Teachers’ Unions, and the Act on the Establishment and Operation of Public Officials’ Unions, or to the support of the autonomous settlement of labour disputes by the relevant parties;
3.Business affairs relevant to survey, research, education, publicity, etc., related to the performance of those referred to in subparagraphs 1 and 2;
4.Other business affairs prescribed as those falling under the jurisdiction of the Labour Relations Commissions by other Acts.
Existing arbitration:
▷ No arbitration or mediation specifically provided for disputes related to the LSA, which is the main piece of legislation on dismissal.
However, arbitration and mediation are provided for disputes related to the Trade Union and Labour Relations Adjustment Act (discrimination on the grounds of trade union activities) under sections 47 to 80 of the TULRAA. In such cases, arbitration and mediation may be conducted by the Labour Relations Commission or private parties.
▶ Trade Union and Labour Relations Adjustment Act (TULRAA) - (as amended in 2025)
→ Section 79 of the TULRAA indicates that:
(1)If deemed that mediation as referred to in section 78 is unlikely to be proceeded with, the chairman of the National Labour Relations Commission shall, upon hearing the opinions of its members representing public interests, decide whether or not to refer the case in question to arbitration. (...).
→ Section 80 TULRAA on "Arbitration by National Labour Relations Commission" states that: The National Labour Relations Commission shall conduct arbitration without delay, if one or both of the parties concerned request to do so or if the Commission has decided to refer the case to arbitration pursuant to section 79.
Length of procedure:
▷ No general statutory time limit is prescribed for the overall redress procedure. However, once the Labour Relations Commission issues an order for remedy, a specific (30-day) time limit for performance applies.
▶ Enforcement Decree of the Labour Standards Act (ED-LSA) - (as amended in 2025)
→ Section 11 on "Time Limit for Performance of Order for Remedy" indicates that: The Labour Relations Commission, established under the Labour Relations Commission Act (hereinafter referred to as the "Labour Relations Commission"), shall, whenever it issues an order for remedy to an employer pursuant to section 30 (1) of the Act (hereinafter referred to as "order for remedy"), prescribe the time limit for performance. In this case, the time limit shall not exceed 30 days from the date on which the employer receives written notice of an order for remedy under section 30 (2) of the Act.
No statutory provisions were found in the examined legislation in this respect.
No information was found in this respect.