![[HOAM Foreign Law Column] Fired Without Notice? Claim Your 30-Day Allowance](/_next/image?url=https%3A%2F%2Fagqdgbuateknhwpocrgu.supabase.co%2Fstorage%2Fv1%2Fobject%2Fpublic%2Fasset-generation%2Fd5640e14-e5b7-41b3-800e-609cb8329013%2Fagent-generated%2F1784524367022_0.jpg&w=3840&q=75)
In Korea, an employer cannot simply say 'You are fired' and expect you to leave immediately. The Labor Standards Act (LSA) provides strict protections against wrongful dismissal. If your hagwon owner attempts to terminate your contract without following the proper legal steps, you are entitled to significant financial compensation.
1. The 30-Day Notice Rule
Under Article 26 of the LSA, an employer must provide at least 30 days' notice before dismissing an employee. If they want you to leave immediately, they MUST pay you 30 days' worth of ordinary wages as a 'Dismissal Notice Allowance' (Haego-yego-sudang). This applies to all employees who have worked for more than three months, regardless of the hagwon's size.
2. What Constitutes 'Just Cause'?
For hagwons with 5 or more employees, a dismissal is only legal if there is 'Just Cause.' Minor mistakes, occasional lateness, or 'not fitting the school culture' are generally NOT sufficient legal grounds for firing. If the dismissal is deemed unfair, you can file a petition for relief with the Labor Relations Commission to seek reinstatement or monetary compensation.
3. Do NOT Sign a Resignation Letter
Landlords/Owners often pressure instructors to sign a 'Voluntary Resignation Letter' (Sa-jik-seo). Do not sign this. If you sign, you legally agree to leave, making it almost impossible to claim wrongful dismissal or receive the 30-day notice allowance. Always state clearly in writing that you are being dismissed against your will.
4. Immediate Dismissal Exceptions
The law allows for immediate dismissal without notice only in extreme cases, such as theft, embezzlement, or intentionally causing massive financial damage to the business. Academic performance or minor complaints from parents do NOT qualify for this exception.
5. Why Hoam Law Firm?
Wrongful dismissal as a foreigner is particularly dangerous because it directly threatens your E-2 visa status. Hoam Law Firm acts quickly to secure your 'Dismissal Notice Allowance' and represents you at the Labor Relations Commission. We also coordinate with Immigration to ensure you have the 'D-10 Seeking Employment' visa bridge while we fight your case, preventing an illegal stay.
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