Labor Law Q&A details

Chapter 4 Working Environment and Disciplinary Action

Is it possible to dismiss on disciplinary grounds? If yes, under which conditions?

Article 23 (Restriction on Dismissal, etc.), Labor Standards Act, as last amended by Act No. 12325, Jan. 21, 2014

Dismissal is possible to sever all labor relations with the employee whose violation is so severe that the company cannot expect managerial order without excluding him/her. However the specific reasons are not listed in the law.
When disputed, it will be judged whether there is a “justifiable cause” in the dismissal or not.

*Labor Standards Act

Article 23 (Restriction on Dismissal, etc.)(1) An employer shall not, without justifiable cause, dismiss, lay off, suspend, or transfer a worker, reduce his/her wages, or take other punitive measures (hereinafter referred to as "unfair dismissal, etc.") against him/her.

(2) An employer shall not dismiss a worker 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 Article 84 or where the employer may not continue to conduct his/her business.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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