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The legal regulation of wrongful dismissal in Korea

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  • The legal regulation of wrongful dismissal in Korea
  • Kim, Soh-Yeong
  • Korea Labor Institute


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Title The legal regulation of wrongful dismissal in Korea
Similar Titles
Material Type Articles
Author(English)

Kim, Soh-Yeong

Publisher

[Sejong, South Korea]:Korea Labor Institute

Date 2004
Journal Title; Vol./Issue Comparative Labor Law & Policy Journal:vol. 24(no. 4)
Pages 26
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Social Development < Employment
Government and Law < Laws and Legislation
Holding SSRN

Abstract

In Korea, the employer's dismissal is regulated by the Labor Standards Act (LSA). The LSA categorizes dismissals with wrongful dismissal in the individual cases and dismissal for managerial reasons (massive layoffs), and provides differential requirements and procedures for justification of each category of dismissal. In the individual dismissal case, an employer shall not dismiss an employee without a justifiable reason. Dismissal for managerial reasons is undertaken for the employer's urgent managerial need. With respect to the procedural requirements of the managerial dismissal, the LSA provides strict rules such as the employer's every effort to avoid layoffs, selection of employees to be dismissed by reasonable and fair criteria, and consultation in good faith with the worker representative. An employee who believes that his or her dismissal was unfair may challenge the dismissal by any or all of the following procedures: (The rest omitted)