Unfair Dismissal Relief Application: Filing and Submission Procedures, Including Industrial Accident Claim Appeals
Have you recently received a dismissal notice from your company without just cause? If you do not take proper action within 3 months of dismissal, you will lose your right to legal remedy. This article explains the entire process of unfair dismissal relief applications—from procedural steps to document preparation, linking workplace harassment cases, and filing appeals for denied industrial accident claims.
What is an Unfair Dismissal Relief Application?
An unfair dismissal relief application is a remedy petition filed with the Labor Commission by an employee when an employer dismisses them without just cause. Unlike civil litigation, it is an administrative remedy procedure that is faster and more cost-effective.
A dismissal without just cause is void, and the employee may request reinstatement or financial compensation.
If recognized as an unfair dismissal, you may choose one of two remedies:
Reinstatement: Return to your original position and receive full payment for wages during the dismissal period
Financial Compensation: Receive settlement compensation from the date of dismissal
The Labor Commission relief application must be submitted within 3 months from the date of dismissal, so you must not miss this deadline.
An unfair dismissal relief application is an administrative remedy procedure that is faster and more cost-effective than civil litigation.
Essential Elements for Drafting an Unfair Dismissal Relief Application
Since there is no standardized form for unfair dismissal relief applications, the petitioner (employee) must draft it according to their specific circumstances. However, there are mandatory elements that must be included.
The relief application must include the following items:
Petitioner (Employee) Information
Name, address, phone number, employee ID (if applicable), department, copy of identification card
Respondent (Company) Information
Company name, representative's name, company address, business registration number, department head or HR personnel name
Date and Reason for Dismissal
Date of dismissal notice, reason for dismissal provided by the company, grounds showing the reason was not justified
Employment Period and Status
Start date, department, position, salary level, employment type (permanent/contract, etc.)
Concrete Facts Proving Unfairness
Contradictions in the dismissal reason, inconsistent company standards, different handling of similar cases in the past, etc.
Required supporting documents include:
Copy of dismissal notice
Copy of employment contract
Certificate of employment
Wage payment records (bank statements or payslips)
Performance evaluations or personnel records
Any warning letters issued before dismissal
Meeting minutes, emails, SNS messages, and other evidence
Witness statements (if prepared by coworkers)
The most important principle when drafting is to avoid emotional language and include only logical arguments based on objective facts and evidence. Since Labor Commission judges make decisions based on both parties' arguments and submitted evidence, legal and factual grounds are decisive rather than emotional appeals.
Emotional language reduces credibility, so the application should be written focusing on objective facts.
Unfair Dismissal Relief Applications Linked to Workplace Harassment Reports
If the dismissal is due to workplace harassment, there are special considerations when filing for relief.
Since the amendment to the Labor Standards Act in July 2019, workplace harassment has been legally defined. Dismissals that occur as a result of reporting workplace harassment have a high likelihood of being recognized as unfair dismissal.
The relief application procedure for dismissals due to workplace harassment is as follows:
Report workplace harassment and collect records of the company's fact-finding process
Secure the company's investigation results and handling records
Organize harassment damage details in chronological order (when, who, what action, damage details)
Secure witnesses (coworker statements, counseling records, occupational health manager records, etc.)
Specify the causal relationship between the harassment report and dismissal in the unfair dismissal relief application
Dismissal After Reporting Workplace Harassment
It is prohibited under the Labor Standards Act for a company to take adverse actions against harassment reporters. If dismissed immediately after or during the reporting process, it is likely to be judged as retaliatory action by the company.
Evidence Materials to Collect
Workplace harassment report (company submission records), company investigation records, meeting minutes, SNS messages, recording files, medical certificates (related to mental distress), coworker testimony, occupational health manager counseling records
Dismissal following a workplace harassment report is likely to be judged as retaliation, making unfair dismissal recognition highly probable.
Linking Industrial Accident Claim Appeal Rejections with Unfair Dismissal
In some cases, you must simultaneously pursue an industrial accident insurance claim appeal rejection alongside an unfair dismissal relief application. This is typical when mental illness results from workplace harassment, overwork, or job stress.
Industrial accident insurance claim appeal rejections and unfair dismissal relief applications are separate procedures.
Unfair Dismissal Relief Application
Submission Location: Competent Regional Labor Commission
Deadline: Within 3 months from the date of dismissal
Purpose: Reinstatement or financial compensation
Industrial Accident Claim Appeal Rejection
Submission Location: Korea Workers' Compensation & Welfare Service (Industrial Accident Insurance Division)
Deadline: Within 30 days from the date of rejection notice
Purpose: Industrial accident recognition for medical expenses, disability benefits, and disability allowances
It is strategically advantageous to first pursue the industrial accident claim appeal and then use those results in the unfair dismissal relief application. If the claim is recognized as an industrial accident, it becomes strong evidence for proving the company's liability.
The reasons why industrial accident recognition is important in unfair dismissal cases are:
Industrial accident recognition makes proving company liability easier
Medical records and industrial accident certificates become objective evidence in the unfair dismissal case
Official documentation proving the adverse nature of the workplace environment becomes available
When determining financial compensation amount, industrial accident benefits may be considered in combination
Items to include when drafting an industrial accident claim appeal rejection application:
Employee information and industrial accident insurance registration number
Documents proving work-relatedness (work records, evidence of work intensity)
Medical records and certificates (psychiatry, neurology, etc.)
Description of adverse workplace conditions (harassment details, overwork facts)
Employment period from hire date to dismissal date and work intensity
Specialist medical opinion (opinion recognizing work-relatedness)
Workplace harassment report records and investigation results
Unfair Dismissal Relief Application Procedures and Deadlines
Understanding the procedures following submission of the unfair dismissal relief application is also important.
3 months from the date of dismissal is the absolute deadline for filing for relief. If exceeded, the right itself is extinguished, so you must be careful.
The unfair dismissal relief application procedure proceeds as follows:
Draft the relief application and prepare necessary documents
Submit to the competent Regional Labor Commission (by mail or in person)
Receipt and case assignment by the Labor Commission
Notification of the application to the respondent (company) and designation of deadline for response (typically 10 days)
Company submits response and supporting documents
Investigation period (2 to 6 months depending on case complexity)
Hearing session with both parties present (typically 2 to 4 sessions)
Judgment decision written and notified to both parties
If dissatisfied, administrative litigation may be filed (within 90 days from the date the judgment is served)
After filing for relief, the company may propose settlement. To assess whether the settlement amount is reasonable, you should compare it with similar precedents from the Labor Commission and calculate the employee's losses (wages, benefits, expected losses during job search period).
The deadline for filing administrative litigation is 90 days after judgment is served, so if you are dissatisfied with the decision, you must respond promptly.
Common Mistakes When Filing Unfair Dismissal Relief Applications
There are mistakes to avoid when drafting an unfair dismissal relief application.
Filing Beyond the Deadline
If you file more than 3 months after dismissal, your right is extinguished. Mark the date on your calendar and begin preparing one month before the deadline.
Lack of Supporting Evidence
Simply claiming "the company treated me unfairly" is difficult to substantiate. You must include specific evidence such as emails, messages, work records, and witness statements.
Reduced Credibility Due to Emotional Language
Phrases like "I am very wronged" or "the company is inhumane" do not help with legal judgment. Only objective facts should be described.
Insufficient Rebuttal to Company's Stated Dismissal Reason
Once the company states its reason for dismissal, if you fail to clearly prove that reason is false or inconsistent, recognition will be difficult.
Relief Application and Industrial Accident Claims
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