Unfair Dismissal Calculator

Unfair Dismissal Calculator helps estimate wage, overtime, allowance, arrears, or pay-period scenarios in English.

Unfair dismissal inputs

Calls the Korean unfair-dismissal module for notice pay, back pay, monetary compensation, and dismissal-type screening under the Labor Standards Act.

Dismissal notice pay

₩4,593,300

30 shortfall days

Gross back pay

₩26,757,556

5.9 months

Net back pay

₩24,757,556

Interim income deduction ₩2,000,000

Monetary compensation

₩35,676,741

50% adjustment

Unfairness probability

high

Likely unfair under entered factors

Compensation range

₩30,325,230 - ₩46,379,763

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Korea unfair dismissal calculator guide

This English page translates the Korean unfair dismissal calculator and calls calculateDismissalNoticePay, calculateBackPay, calculateMonetaryCompensation, and evaluateDismissalType. It keeps notice pay, back pay, monetary compensation, and dismissal-type screening.

Dismissal notice pay

Labor Standards Act Article 26 generally requires 30 days advance dismissal notice or 30 days ordinary wage as dismissal notice pay. The Korean module calculates daily ordinary wage, required notice days, shortfall days, exemption status, and notice pay amount.

The formula is daily ordinary wage x missing notice days, unless an exception applies. The Korean content includes exceptions such as service under 3 months, short-term daily worker cases, fixed short-term cases, and worker fault or unavoidable disaster.

Back pay and interim income

If a dismissal is found unfair, Labor Standards Act Article 30 can lead to reinstatement and back pay or monetary compensation. The Korean calculator estimates back pay from dismissal date to reinstatement or expected ruling date, monthly salary, and annual bonus proportion.

Interim income is handled carefully. The Korean logic follows the Supreme Court approach that interim income deduction is limited so that the worker keeps a 60% average-wage guarantee; only the excess can be deducted. The Korean content cites Supreme Court 2002da51523 for that principle.

Monetary compensation and dismissal type

When reinstatement is not desired or difficult, monetary compensation can be ordered. The calculator estimates a base amount for the dismissal period and then adjusts for service years, violation severity, worker fault, and reinstatement difficulty.

The dismissal-type screen checks disciplinary dismissal, layoff, forced resignation, renewal expectation, and constructive dismissal patterns. The Korean article references layoff requirements under Article 24 and Supreme Court 2002da23185, forced resignation under Supreme Court 2000da56191, and renewal expectation under 2016du44883.

Deadlines and enforcement

A remedy application to the Labor Relations Commission must generally be filed within 3 months from dismissal, and the Korean page treats that deadline as strict. Appeal to the National Labor Relations Commission is generally within 10 days, and administrative suit timing can be 15 days depending on the stage.

If the employer does not comply with a remedy order, enforcement penalties can reach up to KRW 20,000,000 under Article 33. Evidence such as dismissal notice, disciplinary records, HR messages, attendance, wage records, and resignation-pressure records drives the final legal result.