Knowledge · HR & Labor

Labor Relations Commission · Remedy Application

Labor Relations Commission

📂HR & Labor⏱2-min read📊Advanced🔗8 related

What is a Labor Relations Commission?

In one line
A quasi-judicial administrative body that mediates and adjudicates labor disputes. It handles remedy applications for unfair dismissal and unfair labor practices, and mediates labor disputes.
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⚡ Summary in 3 lines
  • Handles remedies for unfair dismissal and unfair labor practices, and mediation of labor disputes
  • The employer bears the burden of proving justification
  • Records from the time decide the outcome, not after-the-fact explanations

What a Labor Relations Commission case changes for a company is the burden of proof. In an unfair dismissal dispute, the company must prove that the dismissal was justified. An employee starts the process with a single application form, while the company has to back up three things with documents: the grounds for dismissal, whether the penalty was proportionate, and compliance with procedure. That is why a case begins not on the day the dismissal is decided, but on the day the problem first surfaces.

The deadlines are tight. You can file an unfair dismissal remedy application only within 3 months of the dismissal. To contest a regional commission ruling, you must request review by the National Labor Relations Commission within 10 days of receiving the written decision. If you still disagree with the result, you must file an administrative lawsuit within 15 days. Miss a deadline by even one day, and the case is dismissed before the merits are considered. Coverage also differs. Workplaces with fewer than 5 regular employees are not covered by unfair dismissal remedy applications, but you can file an unfair labor practice remedy application regardless of workplace size.

Cases also fall into different types. Unfair dismissal and unfair labor practice cases are adjudication cases: an investigator looks into the complaint, a hearing is held, and the commissioners reach a decision. Disputes over interests, such as wage increases or a breakdown in collective agreement talks, are mediation cases, in which a mediation committee proposes a settlement. In practice, many cases are settled before the hearing. The investigator often asks both sides what they want and steers the case toward a monetary settlement instead of reinstatement. A settlement leaves no adjudication record, which is another factor companies weigh.

The cases that most often fall apart in practice are those where 'the grounds were clear, but the procedure was skipped.' If the work rules provide for a disciplinary committee and an opportunity to respond, but the company simply told the employee verbally, the dismissal is ruled unfair on the procedural defect alone, even if the misconduct is established. The argument that a resignation letter was collected, so it was not a dismissal, also collapses once signs of coercion emerge. Dismissal must be notified in writing, stating the reason and the date, and failing to comply with a remedy order triggers repeated fines.

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💡 In plain English
It works like the hearing stage before a court trial. Evidence you don’t preserve on the day can’t be recreated later.
Why it matters in practice
In this process, what protects a company is not argument but the records it kept day by day. They cannot be created after the fact.
Origin and sources

A quasi-judicial administrative body with a panel of members, established under the Labor Relations Commission Act. It handles remedies for unfair dismissal and unfair labor practices, mediation and arbitration of labor disputes, and decisions on bargaining unit consolidation.

Source · Labor Relations Commission Act and related labor laws
An example

Company A is an auto parts manufacturer with 68 employees and KRW 24 billion (≈ US$17,956,000) in annual revenue. It dismissed a sales team associate for poor performance and unexcused absences. Seven weeks later, a notice arrived from the regional Labor Relations Commission that an unfair dismissal remedy application had been filed. The HR head said, 'We warned the employee by email several times,' but not a single written record remained. (Hypothetical example)

  1. On the day the notice arrived, the HR head called the company’s labor attorney, confirmed that 10 days remained to file the response, and told the CEO, 'We need all the documents together by the end of this week.'
  2. Three HR staff spent two days digging through the groupware and pulled together two years of attendance records, 4 warning emails, and 2 team-lead meeting memos. But there were no minutes of the disciplinary committee at all, and the dismissal had been communicated only verbally.
  3. After the labor attorney summed it up as 'The grounds may be arguable, but the procedure has gaps,' Company A changed course. Rather than fight to the end at the hearing, it chose the settlement process the investigator had proposed.
  4. At a conciliation session chaired by the investigator, the case closed with a settlement of KRW 11.5 (≈ US$1) million, equal to 3.2 months of salary. That was about half the amount expected had the case gone as far as reinstatement and back pay.
  5. Afterward, Company A wrote the principle “warnings in writing, discipline with minutes” into its rules of employment. The following year, all 6 disciplinary actions had notices and written statements on file, and the company faced 0 remedy applications.
Related terms
Disciplinary Action and Dismissal: Procedure and JustificationThe process of imposing sanctions for rule violations or performance problems. It is upheld only when both the grounds are justified and the procedure is lawful.Dismissal Notice · Dismissal Notice PayA system requiring employers to give advance notice before dismissing an employee, or to pay the equivalent ordinary wages instead.Unfair Labor PracticesEmployer acts that interfere with workers’ exercise of the three labor rights. Retaliatory treatment, yellow-dog contracts, refusal to bargain collectively, and interference with the union are prohibited by law.Dismissal for Managerial Reasons · Redundancy RequirementsDismissal to reduce headcount for business reasons. All of the following must be met: an urgent managerial need, efforts to avoid dismissal, reasonable and fair selection criteria, and prior consultation with the worker representative.Grievance Handling · Internal Reporting ChannelsThe formal channel for receiving, investigating, and resolving employee complaints and reports of unlawful or improper conduct. Anonymity and protection from retaliation are the conditions for trust.Non-Regular Worker Anti-Discrimination Remedy SystemA system that prohibits treating fixed-term, part-time, and dispatched workers unfavorably compared with comparable workers without a reasonable ground, and lets them seek correction through the Labor Relations Commission.Yellow Envelope Act · Amended Trade Union Act, Articles 2 and 3The name for the amendment that broadens the definitions of employer and worker in Article 2 of the Trade Union Act and limits damages claims for industrial action under Article 3. Its core is to widen the path for subcontractor and partner-company workers to bargain with the principal contractor, and to restrict large damages claims over strikes.Renewal Expectation Right · Justification for Refusing to Renew a Fixed-Term ContractA case-law doctrine under which, when a fixed-term worker has formed a legitimate expectation that the contract will be renewed, a company’s refusal to renew without a reasonable ground is treated like an unfair dismissal. Repeated renewals, the existence of renewal criteria, and the continuous nature of the work support recognizing this expectation.
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📚Workplace Harassment Prevention and Abuse-of-Power Prevention TrainingNanum Consulting Corporate Training · On-site/OnlineView course →
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Last updated 13 Sep 2026 · Reviewed by John Kim

FAQ

The filing deadline is set by law. The period and its starting point follow the statute, so check them as soon as an incident occurs and set your response schedule.
The employer must explain and prove that there were justifiable grounds for the dismissal or other action and that the proper procedures were followed. Without contemporaneous records, after-the-fact statements alone are hard to get accepted.
Compliance becomes mandatory, and failure to comply can result in penalties such as compulsory performance fines. To appeal, you must go through the prescribed review or litigation procedure.
Cases are often closed by settlement during the proceedings. Still, settlement terms and any agreement not to sue should be documented clearly to prevent later disputes.