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Disciplinary Action and Termination

Practical, strategic advice and representation for disciplinary procedures and dismissals.

Introduction

Korean law offers employees robust protection against dismissal and disciplinary action. At-will employment is virtually nonexistent and disciplinary action, including disciplinary dismissal, requires “just cause” and is strictly evaluated for proportionality with an employee’s provable offenses. This makes dealing with a problematic employee a delicate process fraught with potential risks in the absence of experienced counsel. We counsel our clients on whether employee misconduct justifies involuntary termination or lesser forms of disciplinary action—such as a reprimand, pay cut, suspension, or demotion—under Korean law; assist them in negotiating voluntary separation where appropriate; and guide them through all manner of ancillary issues. We also have extensive experience handling the particular issues that arise in the context of terminating directors and officers, who do not always enjoy the protections of Korean labor law.

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