Contributed By Yoon & Yang LLC (Seoul - HQ)
Article 23(2) of the Labor Standards Act protects employees from dismissals (i) when an employee is on a leave for medical treatment of an occupational injury or disease and within 30 days immediately following that employee’s return, and (ii) when an employee is on a maternity leave and within 30 days immediately following such employee’s return. However, the foregoing protections do not apply if the employer has paid lump sum compensation to the relevant employee in accordance with Article 84 of the Labor Standards Act or if the employer is no longer able to continue its business.
The Labor Standards Act does not have provisions relating to dismissals etc of an employee representative. However, if the collective agreement (or other similar agreement) requires the employer to obtain the trade union’s consent to dismiss an employee representative or a union member, then the employer must comply with such requirement. Otherwise, the employer’s actions taken against the relevant employees are deemed invalid pursuant to the Korean Supreme Court precedents.