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> GOVERNANCE - home > Employment protection legislation database - EPLex > Korea, Republic of

Korea, Republic of - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Korea, Republic of - 2012    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 27 (1) LSA


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 23 (1) LSA: "No employer shall dismiss, lay off (..) a worker without justifiable reasons".
    Art. 24 (1) LSA (dismissal for managerial reasons).


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; whistle blowing
Remarks:
  • - Art. 6 LSA: general prohibition of discrimination against workers on the grounds of gender, nationality, religion of social status.
    - Art. 23 (2) LSA: Prohibition to dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter, and any female worker on maternity leave.
    - On prohibition of discriminatory dismissals on the grounds of sex, marriage, family status, pregnancy or childbirth, see art. 2 and 11 of EEA.
    - Art. 81 TULRAA: prohibition of dismissal of or discrimination against a worker on the grounds that the worker has joined or intended to join a trade union, intended to establish a trade union, or performed a lawful act for the operation of a trade union.
    - See also on prohibition of age discrimination, including with regards to dismissal, see art. 44 of the Act on age discrimination prohibition in employment and aged employment Promotion , No 4487, 31 December 1991, as amended.


Workers enjoying special protection: pregnant women and/or women on maternity leave
Remarks:
  • Art. 23 (2) LSA: No employer shall dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter, and any female worker during a period of temporary interruption of work before and after childbirth and within 30 days thereafter. This does not apply in the event of payment of the statutory compensation following an occupational injury or disease or in the event of business closure.