Corporate trends / Performance record
Decision Precluded by Lapse of Exclusion Period (Reconsideration Filed After 10 Days) in Unfair Dismissal Case (Unfair Dismissal 212)
- Date2026/02/18 04:04
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[Case Information]
This case is a precedent in which an unfair dismissal reconsideration was procedurally dismissed on the ground of “lapse of the exclusion period (reconsideration filed after 10 days).”
Decision body: Central Labor Relations Commission
2025Buhae1268 ○ ○ ○ Unfair Dismissal Relief Reconsideration Application
Decision date: 2025.12.11 · Case result: Dismissed
Key issue summary: Article 26(2) of the Labor Relations Commission Act provides that an application for reconsideration must be filed within 10 days from the date on which the disposition of the Regional Labor Relations Commission is served. As the employee filed for reconsideration after the exclusion period had expired, it was held that the right to seek relief had been extinguished.
1. Legal Implications
Ⅰ. Case Overview
In this case, the employee claimed unfair dismissal and, dissatisfied with the decision of the Regional Labor Relations Commission, filed for reconsideration with the Central Labor Relations Commission. The timing of the application became the central issue in this unfair dismissal relief reconsideration case. The Central Labor Relations Commission dismissed the application on the ground that the reconsideration had been filed after the exclusion period prescribed in Article 26(2) of the Labor Relations Commission Act. Focusing on the procedures before the Labor Relations Commissions and the legal doctrine of exclusion periods, this article also整理s similar issues that Labor Law Firm Law& frequently encounters in practice.
Ⅱ. Summary of Issues
The issue in this case is:
“Where an employee, having been served with a decision on an unfair dismissal relief application from a Regional Labor Relations Commission, files for reconsideration with the Central Labor Relations Commission after the 10‑day exclusion period prescribed in Article 26(2) of the Labor Relations Commission Act has elapsed, is relief through reconsideration still available?”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case noted that Article 26(2) of the Labor Relations Commission Act sets the period for filing an application for reconsideration as “within 10 days from the date on which the disposition of the Regional Labor Relations Commission is served”; that the period for filing an application for relief is an exclusion period, such that upon its expiry the administrative right to seek relief is extinguished as such; and that the effect of the lapse of the exclusion period does not change even if there are reasons not attributable to the applicant. In light of these points, the panel held that the employee’s application for reconsideration had been filed after the exclusion period had elapsed.
The dismissal in this case was therefore held to be improper not on the basis of any need to examine the substantive justification of the dismissal, but because the right to seek relief had been extinguished due to the lapse of the reconsideration exclusion period.
Ⅳ. Practical Points (From the Employee’s Perspective)
Employees must keep in mind that “observing time limits” is the most basic means of protecting their rights at every stage of an application for relief from unfair dismissal, redundancy dismissal, etc. You should accurately confirm that the initial application (first instance) must be filed within three months from the date of the unfair dismissal, etc., and that a reconsideration must be filed within 10 days from the date on which the Regional Labor Relations Commission’s disposition is served. Upon receiving the written decision, you are advised to immediately consult with experts such as Labor Law Firm Law& so that you can manage deadlines and prepare documents in parallel.
Ⅴ. Practical Points (From the Employer/Company Perspective)
On the employer side, it is necessary to systematically manage, at each stage before the Regional and Central Labor Relations Commissions, the dates of service of decisions, the timing of decisions on whether to contest them, and the deadlines for filing reconsiderations and lawsuits. In addition, where an employee files for reconsideration after the exclusion period has elapsed, clearly organizing the facts regarding the lapse of the period and the relevant legal principles and asserting dismissal of the application on that basis can serve as an important defense point that allows for early resolution of the dispute before any substantive determination on the justification of the dismissal.
In this type of case, both employees and employers should understand the exclusion‑period provisions under the Labor Relations Commission Act as accurately as they understand the merits of the unfair dismissal itself, and should carefully secure materials capable of proving the starting dates and deadlines—such as dates of service and dates of filing.
2. Matters Decided
A. Case Overview and Procedural History
Although Article 26(2) of the Labor Relations Commission Act provides that an application for reconsideration must be filed within 10 days from the date on which the disposition of the Regional Labor Relations Commission is served, the employee filed for reconsideration after the exclusion period had expired. It is therefore determined that the right to apply for relief has been extinguished.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Although Article 26(2) of the Labor Relations Commission Act provides that an application for reconsideration must be filed within 10 days from the date on which the disposition of the Regional Labor Relations Commission is served, the employee filed for reconsideration after the exclusion period had expired. It is therefore determined that the right to apply for relief has been extinguished. /
[See More Related Decisions]
- “‘Dismissal (Non‑appearance at Hearing)’ Related Unfair Dismissal Decision” – Decision date: – Case result: Dismissed
- “‘Failure of Employment Offer to Materialize (Absence of Offer Letter)’ Related Unfair Dismissal Decision” – Decision date: – Case result: First‑instance decision upheld
- “‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’ Related Unfair Dismissal Decision”
[Tags]
Unfair dismissal, lapse of exclusion period (reconsideration filed after 10 days), others, Labor Law Firm Law&, large labor law firm, Samseong‑dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is one of Labor Law Firm Law&’s “Unfair Dismissal Decision” series.
※ You can view the previous article, “‘Dismissal (Failure to Comply with Order to Amend)’ Related Unfair Dismissal Decision,” in a new window.
※ A list of decisions related to lapse of exclusion period (reconsideration filed after 10 days) can be found in the “Lapse of Exclusion Period (Reconsideration Filed After 10 Days) Related Decisions List.”
※ Korean version of this case: Korean article
This case is a precedent in which an unfair dismissal reconsideration was procedurally dismissed on the ground of “lapse of the exclusion period (reconsideration filed after 10 days).”
Decision body: Central Labor Relations Commission
2025Buhae1268 ○ ○ ○ Unfair Dismissal Relief Reconsideration Application
Decision date: 2025.12.11 · Case result: Dismissed
Key issue summary: Article 26(2) of the Labor Relations Commission Act provides that an application for reconsideration must be filed within 10 days from the date on which the disposition of the Regional Labor Relations Commission is served. As the employee filed for reconsideration after the exclusion period had expired, it was held that the right to seek relief had been extinguished.
1. Legal Implications
Ⅰ. Case Overview
In this case, the employee claimed unfair dismissal and, dissatisfied with the decision of the Regional Labor Relations Commission, filed for reconsideration with the Central Labor Relations Commission. The timing of the application became the central issue in this unfair dismissal relief reconsideration case. The Central Labor Relations Commission dismissed the application on the ground that the reconsideration had been filed after the exclusion period prescribed in Article 26(2) of the Labor Relations Commission Act. Focusing on the procedures before the Labor Relations Commissions and the legal doctrine of exclusion periods, this article also整理s similar issues that Labor Law Firm Law& frequently encounters in practice.
Ⅱ. Summary of Issues
The issue in this case is:
“Where an employee, having been served with a decision on an unfair dismissal relief application from a Regional Labor Relations Commission, files for reconsideration with the Central Labor Relations Commission after the 10‑day exclusion period prescribed in Article 26(2) of the Labor Relations Commission Act has elapsed, is relief through reconsideration still available?”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case noted that Article 26(2) of the Labor Relations Commission Act sets the period for filing an application for reconsideration as “within 10 days from the date on which the disposition of the Regional Labor Relations Commission is served”; that the period for filing an application for relief is an exclusion period, such that upon its expiry the administrative right to seek relief is extinguished as such; and that the effect of the lapse of the exclusion period does not change even if there are reasons not attributable to the applicant. In light of these points, the panel held that the employee’s application for reconsideration had been filed after the exclusion period had elapsed.
The dismissal in this case was therefore held to be improper not on the basis of any need to examine the substantive justification of the dismissal, but because the right to seek relief had been extinguished due to the lapse of the reconsideration exclusion period.
Ⅳ. Practical Points (From the Employee’s Perspective)
Employees must keep in mind that “observing time limits” is the most basic means of protecting their rights at every stage of an application for relief from unfair dismissal, redundancy dismissal, etc. You should accurately confirm that the initial application (first instance) must be filed within three months from the date of the unfair dismissal, etc., and that a reconsideration must be filed within 10 days from the date on which the Regional Labor Relations Commission’s disposition is served. Upon receiving the written decision, you are advised to immediately consult with experts such as Labor Law Firm Law& so that you can manage deadlines and prepare documents in parallel.
Ⅴ. Practical Points (From the Employer/Company Perspective)
On the employer side, it is necessary to systematically manage, at each stage before the Regional and Central Labor Relations Commissions, the dates of service of decisions, the timing of decisions on whether to contest them, and the deadlines for filing reconsiderations and lawsuits. In addition, where an employee files for reconsideration after the exclusion period has elapsed, clearly organizing the facts regarding the lapse of the period and the relevant legal principles and asserting dismissal of the application on that basis can serve as an important defense point that allows for early resolution of the dispute before any substantive determination on the justification of the dismissal.
In this type of case, both employees and employers should understand the exclusion‑period provisions under the Labor Relations Commission Act as accurately as they understand the merits of the unfair dismissal itself, and should carefully secure materials capable of proving the starting dates and deadlines—such as dates of service and dates of filing.
2. Matters Decided
A. Case Overview and Procedural History
Although Article 26(2) of the Labor Relations Commission Act provides that an application for reconsideration must be filed within 10 days from the date on which the disposition of the Regional Labor Relations Commission is served, the employee filed for reconsideration after the exclusion period had expired. It is therefore determined that the right to apply for relief has been extinguished.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Although Article 26(2) of the Labor Relations Commission Act provides that an application for reconsideration must be filed within 10 days from the date on which the disposition of the Regional Labor Relations Commission is served, the employee filed for reconsideration after the exclusion period had expired. It is therefore determined that the right to apply for relief has been extinguished. /
[See More Related Decisions]
- “‘Dismissal (Non‑appearance at Hearing)’ Related Unfair Dismissal Decision” – Decision date: – Case result: Dismissed
- “‘Failure of Employment Offer to Materialize (Absence of Offer Letter)’ Related Unfair Dismissal Decision” – Decision date: – Case result: First‑instance decision upheld
- “‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’ Related Unfair Dismissal Decision”
[Tags]
Unfair dismissal, lapse of exclusion period (reconsideration filed after 10 days), others, Labor Law Firm Law&, large labor law firm, Samseong‑dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is one of Labor Law Firm Law&’s “Unfair Dismissal Decision” series.
※ You can view the previous article, “‘Dismissal (Failure to Comply with Order to Amend)’ Related Unfair Dismissal Decision,” in a new window.
※ A list of decisions related to lapse of exclusion period (reconsideration filed after 10 days) can be found in the “Lapse of Exclusion Period (Reconsideration Filed After 10 Days) Related Decisions List.”
※ Korean version of this case: Korean article
