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Labor Standards Act — Article 30 (Order for Remedy)

근로기준법 제30조

This English translation is based on the Korean text effective 2025-10-23. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) If a dismissal, etc. is judged to be unfair in consequence of the examination under Article 29, the Labor Relations Commission shall issue to the employer an order for remedy, and, if the dismissal, etc. is judged not to be unfair, make a decision to reject the request for remedy.

(2) The judgment, order for remedy and decision of rejection under paragraph (1) shall be notified in writing to the employer and employee, respectively.

(3) In issuing an order for remedy (only referring to an order for remedy following dismissal) under paragraph (1), if an employee does not desire to be reinstated in his or her former office, the Labor Relations Commission may, instead of issuing an order to reinstate him/her in his or her former office, order the employer to pay such employee the amount of money or other valuables equivalent to or higher than the amount of wages which he or she would have been paid if he or she had offered work during the period of dismissal.

(4) The Labor Relations Commission shall issue an order for remedy or make a decision on dismissal under paragraph (1), even if it is impossible to reinstate the employee in his or her former office (referring to reinstatement in cases other than dismissal) due to expiration of the employment contract, arrival of the retirement age, etc. In such cases, where the Labor Relations Commission judges that the case at issue constitutes unfair dismissal, etc., it may order the employer to pay the employee money and goods equivalent to the amount of wages that the employee would have received if he or she had provided labor during the period of dismissal (referring to money and goods equivalent to reinstatement, in cases other than dismissal). <Newly Inserted on May 18, 2021>

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