🇺🇸 Wrongful Termination in Korea — 3 Things to Do Right Now
If you've just been told you're fired, the clock is already running. Three months to file, evidence that disappears — here's what to do immediately after a wrongful termination notice in Korea.
Just received a termination notice? The shock and frustration are understandable. But there's a window — and it's closing.
The longer you wait after a wrongful termination, the fewer options you have and the harder it becomes to gather evidence. This guide covers what to do immediately after receiving a termination notice, and how to assess whether your dismissal qualifies as wrongful termination under Korean law.
🔎
Key Facts: Responding to Wrongful Termination
You have 3 months from the date of dismissal to file a remedy application — miss it and the right is gone
Dismissal without written notice is itself grounds for a wrongful termination claim
Evidence gathered immediately after dismissal is the foundation of everything that follows
Workplaces with fewer than 5 employees: remedy applications aren't available, but other options exist
Signing anything your employer offers right now could waive your right to file
Move with a professional while the window is still open
1. Just Received a Termination Notice? Do These 3 Things Now
① Check whether you received written notice
Korean labor law requires employers to notify employees of dismissal in writing, stating the reason and the date. A dismissal that doesn't meet this requirement is itself grounds for a wrongful termination claim — regardless of the underlying reason.
If you were only told verbally, request written notice from your employer. That request itself becomes part of your record.
② Gather evidence immediately
Evidence fades fast. Secure the following before your employer cuts off your access:
Screenshots of any termination notice sent by text, email, or KakaoTalk
Recordings of any verbal notice (if applicable)
Your employment contract, pay stubs, and workplace rules
Work-related emails and instructions you've received
The day you receive the notice is the most critical. Don't wait.
③ Calculate your filing deadline
A wrongful termination remedy application must be filed with the Labor Relations Commission within 3 months of the date of dismissal. After that, the right to file is permanently gone. Calculate your deadline from today and plan accordingly.
2. Does Your Dismissal Count as Wrongful Termination?
Not every dismissal is wrongful termination. But if any of the following apply, a remedy application may be worth pursuing.
No valid reason — Korean law requires a socially justifiable reason for dismissal. "Business is slow" or "your performance wasn't good enough" generally isn't sufficient on its own.
No written notice — As above, a dismissal without proper written notification is itself a violation.
No advance notice — If you weren't given 30 days' notice, or weren't paid 30 days of ordinary wages in lieu of notice, that's a problem. Some exceptions apply.
Discriminatory dismissal — Termination on the basis of gender, nationality, religion, or union activity is prohibited.
One important note: workplaces with fewer than 5 employees are not covered by the wrongful termination remedy framework under the Labor Standards Act. Other remedies — including unpaid wages and advance notice pay — may still be available.
3. Pushing Back Against Your Employer — Where Do You Start?
Right after a dismissal, employers often push for a quick settlement. "Let's end this cleanly." "We'll add a bit to your severance — just sign here." This is the most dangerous moment.
In a state of shock, it's easy to sign something that waives your right to file a remedy application entirely. One signature can close off every option you have.
On top of that, confronting an employer directly — especially with a language barrier — is genuinely difficult.
That's why Sugar Square Law & Advisors handles the entire process on your behalf.
① Legal assessment — We review the reason for dismissal, the procedure followed, and whether written notice was provided, to assess whether a wrongful termination claim is viable.
② Negotiation on your behalf — You don't communicate with your employer directly. Sugar Square handles settlement discussions, severance, and compensation negotiations.
③ Remedy application — If negotiation doesn't get there, we file a wrongful termination remedy application with the Labor Relations Commission — seeking reinstatement or financial compensation.
④ Settlement agreement — If a resolution is reached, we draft an agreement to prevent any further disputes.
For foreign nationals, we work directly in your language. No interpreter needed.
The two most common mistakes after receiving a termination notice: reacting emotionally, or doing nothing at all. The filing window is three months. Evidence disappears. Check for written notice, gather what you can, and calculate your deadline — those three steps are the foundation of everything else.
Not knowing where to start is completely normal. Facing your employer alone in such a distressing situation—especially with a language barrier—is even harder.
Sugar Square Law & Advisors provides a comprehensive shield. From legal analysis of wrongful dismissal to proxy negotiations, remedy applications, and settlement drafting, we ensure you never have to confront your employer directly. We are here to help you close this chapter with peace of mind. For foreign nationals, we communicate directly in your language—no interpreter needed.
FAQ
Q. What should I do first after receiving a wrongful termination notice? A. Three things: confirm whether you received written notice, gather evidence immediately, and calculate your 3-month filing deadline. The day of the notice is the most critical for evidence.
Q. I was only told verbally. Is that wrongful termination? A. Korean law requires written notice of dismissal. A dismissal without it is itself a violation — regardless of the underlying reason. Request written notice and document the process.
Q. How do I file a wrongful termination remedy application? A. Submit an application to the relevant Regional Labor Relations Commission within 3 months of the dismissal date. The application states the reason for dismissal, the date, and the grounds for your claim. You can seek reinstatement or financial compensation. Filing with professional support is strongly recommended.
Q. My workplace has fewer than 5 employees. Do I have any options? A. The wrongful termination remedy framework doesn't apply to workplaces under 5 employees — but other remedies may still be available, including unpaid wages and advance notice pay. Check with a professional first.
Q. My employer is pushing me to sign a settlement. What should I do? A. Don't rush. Don't sign anything yet. Signing a settlement can waive your right to file a remedy application entirely. Get the terms reviewed before you decide.
