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Korea, Republic of - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Korea, Republic of - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

  • Art. 28 LSA
    Art. 82 Trade Union and Labor Relation Adjustment Act (TULRAA)

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Damages in lieu of reinstatement should not be less than the salary the worker would have earned if he had not been dismissed.

  • Art. 30 (3) LSA

Reinstatement available: Yes

  • Art. 30 (1) LSA

Preliminary mandatory conciliation: No

  • Preliminary conciliation is not mandatory. However, pursuant to art. 16-3 (1) of the Labor Commission Relations Act, the Labor Relations Commission may recommend conciliation or present a conciliation proposal at the request of one of the parties concerned or on its own initiative.

Competent court(s) / tribunal(s): labour court

  • The competent body to hear and adjudicate rights and interests disputes arising out of the employment relationship, including unfair dismissals is the Labor Relations Commission. It is a quasi-judicial governmental body which is affiliated to the Ministry of Labor and composed of tripartite representatives: workers, employers and public interests.
    See art. 28 LSA, 82 TULRAA, and the Labor Relations Commission Act of 1997, as last amended in May 2007.

Existing arbitration: Yes

  • No arbitration or mediation foreseen for disputes related to the LSA, which is the main piece of legislation on dismissal.
    However, arbitration and mediation are only foreseen for disputes related to the Trade Union and Labor Relations Adjustment Act (discrimination on the grounds of trade union activities): art. 47 to 70 of the TULRAA. In such cases, arbitration and mediation can be conducted by the Labour Relations Commission or by private persons.