Atlas Legal presents a comprehensive analysis of wrongful termination standards in South Korea, comparing employee victory and employer victory cases. This guide explains the substance-over-form principle applied by Korean courts in dismissal disputes.
Case Overview
Atlas Legal attorneys have represented both employees and employers in wrongful termination cases. In one case, an employee who submitted a resignation letter was recognized as wrongfully terminated and reinstated. In another case, despite a criminal acquittal, the dismissal was upheld as lawful by the Supreme Court.
Key Legal Issue – Substance Over Form
Under Article 23 of the Labor Standards Act, wrongful termination is determined by whether there is a “justifiable reason” for dismissal. Korean courts focus on the substantive reality of the termination rather than formal appearances such as resignation letters or criminal verdicts.
Employee Victory – Coerced Resignation
Employee A was pressured intensively for five consecutive days following new management’s arrival and submitted a resignation letter. The Supreme Court ruled that a resignation coerced by the employer’s unilateral will constitutes wrongful termination, ordering reinstatement.
Employer Victory – Hiring Irregularities
Employee B was hired at a public institution after proposing qualification criteria favorable to himself. Despite being acquitted in criminal proceedings, the Supreme Court upheld the dismissal, recognizing that B had substantially undermined the fairness of the hiring process.
Atlas Legal’s Expertise
Atlas Legal has extensive experience representing both employees and employers in wrongful termination disputes. Our practice areas include labor disputes, corporate advisory services, and white-collar criminal defense. Early response is critical in termination disputes, and we recommend prompt consultation with our legal experts.