Useful Info

It refers to the employer unilaterally terminating the labor contract with the employee. Termination means that a party in a continuous labor relationship extinguishes that contractual relationship through a unilateral expression of intent. Therefore, while the legal nature of dismissal is the same as the termination of an employment contract under civil law, since dismissal is determined by the unilateral intent of the employer who holds economic superiority, the Labor Standards Act prohibits dismissal without just cause (Labor Standards Act Article 30 Paragraph 1), and establishes provisions for dismissal notice, requiring that when an employer wishes to dismiss an employee, they must give at least 30 days' notice in advance, or if not, pay average wages equivalent to 30 days or more as dismissal notice allowance; otherwise, dismissal is in principle not permitted (same Act Article 32). In addition, it protects workers by prohibiting in principle dismissal during the rest period for recovery from work-related injury or illness and the following 30 days, or for women during the prenatal and postnatal rest period as stipulated by the same Act and the following 30 days (same Act Article 30 Paragraph 2).