
Legal Q&A
Q
Views51,691
Business operations have become so difficult that I am unavoidably in a situation where I must lay off employees for managerial reasons. However, some employees claim it is an unfair dismissal and say they will file an unfair dismissal lawsuit. I feel overwhelmed about how to deal with this legally. What requirements must be met to carry out a layoff for managerial reasons, and how can problems be prevented?
unfair dismissal
corporate attorney
Answer
Published:
Author : Kuk Il KIM
A layoff for managerial reasons is also called a dismissal for managerial reasons.
To dismiss a worker for managerial reasons, there must be an urgent managerial necessity, and legally this is not necessarily limited only to cases of avoiding corporate bankruptcy.
If a workforce reduction is necessary to deal in advance with a crisis that may come in the future, it may also fall within the requirements for a layoff for managerial reasons.
However, in such a case, it must be judged to be reasonable when viewed objectively.
In addition, even where a layoff for managerial reasons is unavoidable, the employer must make every effort to avoid dismissal and must set reasonable and fair dismissal criteria to select those subject to it.
Furthermore, the employer should secure materials so as to be able to prove even the fact that these procedures were properly complied with.
If these conditions are not properly complied with, it may become an unfair dismissal, so caution is required.
If a worker is dismissed without observing these requirements, the worker may apply to the Labor Relations Commission for relief on the ground of unfair dismissal, so caution is required.
In this case, because you must go through a process of properly proving justifiable grounds for the dismissal, legal advisory may be necessary.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ client requests per month
* 2026년 1월 변호사협회 경유증표 발급 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
MoreKey Case Results
MoreAssisted a Corporate Representative Client in Proving That the Dismissal Was Lawful
Successful Application for Remedy Against Unfair Dismissal with the Assistance of the Namyangju Law Office
Assists in the Hearing on a Worker's Application for Remedy against Unfair Dismissal, Successfully Obtaining Dismissal of the Application
Related Practice Areas
MoreAll fields At a glance
1/0