JEJU WEEKLY

  • Updated 2016.8.9 15:27
  • All Articles
  • member icon
  • facebook cursor
  • twitter cursor
Mobile Web
CommunityEditorials and Opinion
What can I do about unlawful dismissal?Every month JNU law school will answer your questions
ÆùƮŰ¿ì±â ÆùÆ®ÁÙÀ̱â ÇÁ¸°Æ®Çϱ⠸ÞÀϺ¸³»±â ½Å°íÇϱâ
½ÂÀÎ 2011.01.16  18:07:48
Æ®À§ÅÍ ÆäÀ̽ººÏ ¹ÌÅõµ¥ÀÌ ¿äÁò ³×À̹ö ±¸±Û msn


Question:
What can I do if my hagwon (private learning academy) decides to fire me after 11 months and two weeks so that I cannot get my final paycheck, severance pay, or air ticket back home? Who can I call for help? What legal recourse do I have?



   


Dear reader,
The Korean Labor Standard Act applies to all workers and businesses (including hagwons) in Korea. Therefore, you also will be protected by the Korean Labor Standard Act.

Based on the Korean Labor Standard Act, the first point to note is that an employer cannot dismiss a worker without justifiable reasons. Secondly, when an employer intends to dismiss a worker, he/she shall notify the worker in writing of the reasons for, and time of, the dismissal. Thirdly, when an employer intends to dismiss a worker, he/she shall give the worker a notice of dismissal at least 30 days in advance of the termination date, and if the employer fails to give such advance notice, he/she shall pay that worker for no less than 30 days of the worker’s ordinary wages.

However, when an employer who owns a business (in this case, a hagwon) with fewer than five employees dismisses an employee, only the third condition will apply. If a labor contract sets the duration of employment, the employer can only fire an employee in a situation that is unresolvable. Therefore, you can contest the dismissal in court or claim for damages.

If the employer owns a business with more than five employees, the employee can file a unfair dismissal petition to the appropriate regional labor office or the employee may request a resolution from a labor relations commission. A request for a resolution shall be made within three months from the date of the dismissal. It is possible to file a civil suit in the case of an unlawful dismissal. If the dismissal is recognized as unfair by a judge, the dismissed employee will be reinstated and receive full wages for the duration of the dismissal period.

In the case where the employer owns a business with more than five employees and an employee works for more than one year, the employee will be entitled to severance pay according to the Employee Retirement Wage Security Act. This is normally equivalent to one month’s salary.

If the labor contract does not clearly state that you are entitled to return airfare, you cannot request the airfare. Since your visa is only related to your qualification of stay, it seems that there is nothing more the law can do regarding this issue.

The employer and the employee can reach an agreement on dismissal as contract parties even after the request for a resolution from a regional labor office. That agreement by both parties will be treated as final and binding. You should contact the labor office in Jeju to explain your situation and get help.
The telephone number is 064-728-6100.


Kim San Hun is a graduate student at Jeju National University Law School and a student representative at the JNU’s Legal Clinic.


Disclaimer:

The information provided here is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered in Korea. Readers should consult a lawyer for detailed legal advice. As a service to the non-Korean community, the Jeju National University Legal Clinic (064-754-2989) is available for consultations during regular business hours, Monday to Friday.





¨Ï Jeju Weekly 2009 (http://www.jejuweekly.com)
All materials on this site are protected under the Korean Copyright Law and may not be reproduced, distributed, transmitted, displayed, published without the prior consent of Jeju Weekly.
ÆùƮŰ¿ì±â ÆùÆ®ÁÙÀ̱â ÇÁ¸°Æ®Çϱ⠸ÞÀϺ¸³»±â ½Å°íÇϱâ
Æ®À§ÅÍ ÆäÀ̽ººÏ ¹ÌÅõµ¥ÀÌ ¿äÁò ³×À̹ö ±¸±Û msn µÚ·Î°¡±â À§·Î°¡±â
Best Partners
365 Event
Jeju-Asia's No.1 for Cruise
Image of Jeju

Jeju Weekly

Mail to editor@jejuweekly.com  |  Phone: +82-64-724-7776 Fax: +82-64-724-7796
#505 jeju Venture Maru Bldg,217 Jungangro(Ido-2 dong), Jeju-si, Korea, 690-827
Registration Number: Jeju Da 01093  |  Date of Registration: November 20, 2008  |  Publisher: Song Jung Hee
Copyright ¨Ï 2009 All materials on this site are protected under the Korean Copyright Law and may not be reproduced, distributed, transmitted, displayed, published
without the prior consent of jeju weekly.com.

ND¼ÒÇÁÆ®