Knowledge · HR & Labor

Advance Notice of Dismissal · Dismissal Notice Allowance

Advance Notice of Dismissal

📂HR & Labor⏱2 min read📊Advanced🔗6 related

What is advance notice of dismissal?

In one line
A rule requiring employers to give advance notice before dismissing an employee, or to pay the equivalent ordinary wages instead.
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⚡ Summary in 3 lines
  • 30 days’ notice, or 30 days’ ordinary wage
  • Notice and justification are two entirely separate issues
  • Separate written notice of the reason and date is required

Dismissal notice does not make dismissal easier. It changes the calendar at the moment of notification. In practice, this provision changes only two things: when you hand over the dismissal notice, and how much extra to pay if you could not give the full 30 days. It says nothing about whether you may dismiss at all. That is why a dismissal with flawless notice procedure can be overturned, while an immediate dismissal with no notice can be upheld as justified, even in the same month.

The exceptions are narrower than you might expect. They are limited to employees with less than 3 months of continuous service, cases where the business cannot continue due to a natural disaster or other unavoidable circumstance, and cases where an employee intentionally causes serious disruption to the business or financial loss; the last category follows criteria set by Ministry of Employment and Labor ordinance. The amount is at least 30 days of ordinary wage, not average wage. Many companies overpay by adding bonuses or overtime pay to the calculation. Notice of less than 30 days, such as 20 days, is not recognized on a prorated basis; in practice, it is treated as requiring payment of the full 30 days’ allowance.

Advance notice of dismissal and written notification are separate provisions. Without a written notice stating the reason and date, the validity of the dismissal itself is in question; conversely, if the advance notice is given in writing and states the reason and date, it can also satisfy the notification requirement. An unfair dismissal remedy application must be filed with the Labor Relations Commission within 3 months of the dismissal. More importantly, even if a dismissal is ruled invalid, a notice allowance already paid is not automatically recovered.

The costliest misconception is that adding a month's pay makes it all go away quietly. If you pay the notice allowance and send the employee out with no warning letter and no chance to respond, the only evidence the company can attach to its answer in a relief petition is a payroll transfer record. You then face reinstatement plus back pay from the dismissal date to the ruling date, and the notice pay you already paid is a separate cost on top of that. Conversely, dismissing someone with neither notice nor pay makes you subject to the penalty provisions. The notice period, exceptions, and notification requirements can be amended, so check the latest statutes and review each case individually.

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💡 In plain English
How much notice you give of an eviction and why you are evicting are two different questions. Giving notice properly does not create a reason.
Why it matters in practice
The costliest misconception is that paying the notice allowance settles everything. That money does not make a dismissal justified.
Origin and sources

The Labor Standards Act requires 30 days' advance notice of dismissal, or payment of at least 30 days' ordinary wages in lieu, and sets out exceptions. It also separately requires written notice of the reason for and date of dismissal (Articles 26 and 27).

Source · Labor Standards Act Article 26 (Advance Notice of Dismissal) and Article 27 (Written Notice of Grounds for Dismissal)
An example

Consider a hypothetical case: Company A, a food manufacturer with 140 employees and annual revenue of about KRW 32 billion (≈ US$23,941,300). When one Production Team 2 worker piled up 7 unexcused absences over three months, the plant manager told HR, “I’ll tell them to come in only until next week.” The HR manager opened the payroll ledger, calculated 30 days of ordinary wage at KRW 2.9 (≈ US$1) million, and concluded that this money would settle it.

  1. When the HR manager asked, “Doesn’t paying KRW 2.9 million (≈ US$2,170) wrap this up?”, the outside labor attorney pointed out that there was no disciplinary committee record and no warning letter, and asked first for documents proving grounds for the dismissal.
  2. Together with the plant manager, they pulled three months of attendance records again and confirmed 7 unexcused absences and 12 late arrivals, but apart from three verbal reminders given at morning briefings, not a single written warning was on file.
  3. The company postponed the dismissal by two months and rebuilt the process with two written warnings and one opportunity to respond. When two more unexcused absences occurred in the meantime, it kept the disciplinary committee minutes and the employee’s written statement.
  4. Thirty days before the dismissal date, the company sent a notice stating the reason and date by registered mail. The HR manager rejected the shop-floor suggestion that “a text message is faster” and even filed the postal receipt in the HR file.
  5. The KRW 2.9 million (≈ US$2,170) notice payment was never needed. When a relief petition was filed three months later, Company A submitted the warning letter and disciplinary records and obtained a ruling dismissing the petition. The four months of back pay (KRW 11.6 million (≈ US$8,680)) that it paid in a similar case the year before did not come due this time.
Related terms
Disciplinary Action and Dismissal: Procedure and JustificationA procedure for imposing sanctions for rule violations or performance problems, recognized only when both the grounds and the procedure are legitimate.Dismissal for Managerial Reasons · Redundancy Dismissal RequirementsA dismissal that reduces headcount for business reasons, which must meet all of these requirements: an urgent business need, efforts to avoid dismissal, reasonable and fair selection criteria, and prior consultation with the employee representative.Labor Relations Commission · Remedy ApplicationA quasi-judicial administrative body that mediates and adjudicates labor disputes, handling remedy applications for unfair dismissal and unfair labor practices as well as labor dispute mediation.Ordinary WageThe amount set to be paid regularly and uniformly to an employee as compensation for scheduled work, used as the basis for calculating overtime, night, and holiday work premiums.Recommended Resignation · Mutual Agreement TerminationA method where the employer encourages resignation and the employee agrees to end the employment relationship; it is an agreement in form, but may be judged a dismissal in substance.Renewal Expectation Right · Justification for Refusing to Renew Fixed-Term ContractsA case-law doctrine under which, when a fixed-term employee has formed a legitimate expectation that the contract will be renewed, a company’s refusal to renew without reasonable grounds is treated like an unfair dismissal. Repeated renewals, the existence of renewal criteria, and the ongoing nature of the work support such an expectation.
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Last updated 13 Sep 2026 · Reviewed by John Kim

FAQ

No. The notice obligation and the justification of the dismissal are separate matters. Without a justifiable reason and proper procedure, a dismissal can still be unfair even if the notice allowance was paid.
The law provides for cases such as a short period of continuous service, unavoidable circumstances such as natural disasters, and serious employee fault. The requirements are strict, so verification is needed.
Written notice of the reason for and date of dismissal is required. Whether electronic delivery is valid can be disputed case by case, so it is safest to meet the written-notice requirement.
The employee can file an unfair dismissal remedy application with the Labor Relations Commission, within a fixed filing period. The company must prepare materials proving that it followed procedure and that the grounds were justified.