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Unfair Dismissal (Cancellation of Special Re-entry for Foreign Workers): Case Summary (Unfair Dismissal 227)
- Date2026/02/23 04:04
- Read 237
[Case Information]
This case is a decision in which the employee prevailed in full on the issue of “unfair dismissal (cancellation of special re-entry for a foreign national).”
Decision Committee: Jeonnam Regional Labor Relations Commission 2025부해9197 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.02.02 · Outcome: Fully Upheld
Summary of Key Issues: Where a foreign worker who falls under the “special re-entry” provision of Article 18-4 of the Act on the Employment, etc. of Foreign Workers has obtained approval for special re-entry and entered into a valid employment contract confirming that the employment relationship will be maintained going forward, the employer’s unilateral cancellation of the worker’s re-entry, while the worker is temporarily back in his or her home country, constitutes an act for which it is difficult to find any fault attributable to the worker. The employer, citing a decrease in workload…
1. Legal Implications
Ⅰ. Case Overview
This case concerns whether it constitutes unfair dismissal for an employer to unilaterally cancel the re-entry of a foreign worker who is a beneficiary of “special re-entry” under the Act on the Employment, etc. of Foreign Workers, despite having already entered into a valid employment contract prior to the Labor Relations Commission’s decision. The worker, who was temporarily in his home country, was in a situation where it had been definitively agreed that the employment contract would be maintained going forward. When the employer unilaterally cancelled the special re-entry, the worker filed an application for remedy for unfair dismissal with the Jeonnam Regional Labor Relations Commission.
Ⅱ. Summary of Issues
The issue in this case is “whether, in circumstances where a foreign worker has obtained approval for special re-entry and has entered into a valid employment contract, the employer’s unilateral cancellation of the worker’s re-entry constitutes a ‘dismissal’ under the Labor Standards Act, and if so, whether that dismissal is based on just cause.”
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case found that the worker, as a beneficiary of the special re-entry provision, was already in a position where it had been definitively decided that the employment contract would be maintained going forward; that it was difficult to view the worker as being at fault for the cancellation of re-entry; that the employer failed to submit specific evidentiary materials supporting its assertions of decreased workload and lack of need to hire additional personnel; and that the employer did not provide the worker with an opportunity to explain or conduct any consultation procedure prior to cancelling re-entry.
In light of the above, the panel held that this dismissal did not satisfy the requirements for a redundancy dismissal for managerial reasons (business necessity, efforts to avoid dismissal, selection of dismissal targets based on reasonable and fair criteria, prior consultation and notice, etc.) nor the general requirements for just cause for dismissal, and therefore should properly be regarded as an unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even in the case of a foreign worker, if a valid employment contract has been concluded and is being maintained following approval for special re-entry, the employer’s unilateral cancellation of re-entry may in substance constitute an unfair dismissal that terminates the employment contract. In particular, even if you are temporarily in your home country, you may file an application for remedy with the Labor Relations Commission on the premise that the employment relationship continues so long as the contract remains in force. Accordingly, you should carefully verify the legitimacy of the grounds and procedures for the cancellation of re-entry.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
In structures where a residence/work permit based on statute—such as the special re-entry system for foreign workers—is combined with an employment contract, cancellation of re-entry in effect constitutes a dismissal, and the dismissal restrictions under Article 23 of the Labor Standards Act and the legal principles governing redundancy dismissals apply as they are. Even when invoking managerial reasons such as decreased workload or lack of need for additional personnel, if you do not prepare objective supporting materials and establish procedures such as efforts to avoid dismissal and prior consultation/provision of an opportunity to explain, there is a high risk that the Labor Relations Commission will find an unfair dismissal.
In cases of this type, it is advisable to seek assistance from experts such as Labor Law Firm Law&, to review both the special re-entry system under the Act on the Employment, etc. of Foreign Workers and the dismissal restrictions under the Labor Standards Act, and to prepare relevant internal regulations and evidentiary materials in advance.
2. Matters Decided
A. Case Overview and Procedural History
Where a foreign worker who is a beneficiary of the “special re-entry” provision under Article 18-4 of the Act on the Employment, etc. of Foreign Workers has obtained approval for special re-entry and has prepared and entered into a valid written employment contract, thereby definitively agreeing to maintain the employment contract going forward, the employer’s unilateral cancellation of re-entry against the worker’s will while the worker is temporarily in his home country should be viewed, in light of the following, as an unfair dismissal: it is difficult to find any fault attributable to the worker for the cancellation of re-entry; the employer has failed to submit specific evidentiary materials showing that there was no need to hire additional personnel due to decreased workload; and the employer did not conduct any consultation procedure such as providing the worker with a prior opportunity to explain regarding the cancellation of re-entry.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Where a foreign worker who is a beneficiary of the “special re-entry” provision under Article 18-4 of the Act on the Employment, etc. of Foreign Workers has obtained approval for special re-entry and has prepared and entered into a valid written employment contract, thereby definitively agreeing to maintain the employment contract going forward, the employer’s unilateral cancellation of re-entry against the worker’s will while the worker is temporarily in his home country should be viewed, in light of the following, as an unfair dismissal: it is difficult to find any fault attributable to the worker for the cancellation of re-entry; the employer has failed to submit specific evidentiary materials showing that there was no need to hire additional personnel due to decreased workload; and the employer did not conduct any consultation procedure such as providing the worker with a prior opportunity to explain regarding the cancellation of re-entry. /
[See More Related Decisions]
- “Unmet Requirements for Redundancy Dismissal (Workout Company)” – Related Unfair Dismissal Decision
- “Expression of Intention to Resign (Resignation Remark in Telephone Call)” – Related Unfair Dismissal Decision
- “Dismissal of Application (Non-Appearance at Hearing)” – Related Unfair Dismissal Decision – Date of Decision: – Case No.: Dismissed
[Tags]
Unfair dismissal, Unfair dismissal (cancellation of special re-entry for foreign workers), restructuring, 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 the “Unfair Dismissal Decision” series by Labor Law Firm Law&.
※ You can view the previous article, “Unfair Dismissal Decision Related to ‘Existence of Dismissal (Leaving the Workplace After Assaulting Mother-in-Law · Transfer to Own Account)’,” in a new window.
※ The list of decisions related to Unfair Dismissal (Cancellation of Special Re-entry for Foreign Workers) can be found in the “Unfair Dismissal (Cancellation of Special Re-entry for Foreign Workers) Related Decisions” list.
※ Korean version of this case: Korean article
This case is a decision in which the employee prevailed in full on the issue of “unfair dismissal (cancellation of special re-entry for a foreign national).”
Decision Committee: Jeonnam Regional Labor Relations Commission 2025부해9197 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.02.02 · Outcome: Fully Upheld
Summary of Key Issues: Where a foreign worker who falls under the “special re-entry” provision of Article 18-4 of the Act on the Employment, etc. of Foreign Workers has obtained approval for special re-entry and entered into a valid employment contract confirming that the employment relationship will be maintained going forward, the employer’s unilateral cancellation of the worker’s re-entry, while the worker is temporarily back in his or her home country, constitutes an act for which it is difficult to find any fault attributable to the worker. The employer, citing a decrease in workload…
1. Legal Implications
Ⅰ. Case Overview
This case concerns whether it constitutes unfair dismissal for an employer to unilaterally cancel the re-entry of a foreign worker who is a beneficiary of “special re-entry” under the Act on the Employment, etc. of Foreign Workers, despite having already entered into a valid employment contract prior to the Labor Relations Commission’s decision. The worker, who was temporarily in his home country, was in a situation where it had been definitively agreed that the employment contract would be maintained going forward. When the employer unilaterally cancelled the special re-entry, the worker filed an application for remedy for unfair dismissal with the Jeonnam Regional Labor Relations Commission.
Ⅱ. Summary of Issues
The issue in this case is “whether, in circumstances where a foreign worker has obtained approval for special re-entry and has entered into a valid employment contract, the employer’s unilateral cancellation of the worker’s re-entry constitutes a ‘dismissal’ under the Labor Standards Act, and if so, whether that dismissal is based on just cause.”
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case found that the worker, as a beneficiary of the special re-entry provision, was already in a position where it had been definitively decided that the employment contract would be maintained going forward; that it was difficult to view the worker as being at fault for the cancellation of re-entry; that the employer failed to submit specific evidentiary materials supporting its assertions of decreased workload and lack of need to hire additional personnel; and that the employer did not provide the worker with an opportunity to explain or conduct any consultation procedure prior to cancelling re-entry.
In light of the above, the panel held that this dismissal did not satisfy the requirements for a redundancy dismissal for managerial reasons (business necessity, efforts to avoid dismissal, selection of dismissal targets based on reasonable and fair criteria, prior consultation and notice, etc.) nor the general requirements for just cause for dismissal, and therefore should properly be regarded as an unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even in the case of a foreign worker, if a valid employment contract has been concluded and is being maintained following approval for special re-entry, the employer’s unilateral cancellation of re-entry may in substance constitute an unfair dismissal that terminates the employment contract. In particular, even if you are temporarily in your home country, you may file an application for remedy with the Labor Relations Commission on the premise that the employment relationship continues so long as the contract remains in force. Accordingly, you should carefully verify the legitimacy of the grounds and procedures for the cancellation of re-entry.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
In structures where a residence/work permit based on statute—such as the special re-entry system for foreign workers—is combined with an employment contract, cancellation of re-entry in effect constitutes a dismissal, and the dismissal restrictions under Article 23 of the Labor Standards Act and the legal principles governing redundancy dismissals apply as they are. Even when invoking managerial reasons such as decreased workload or lack of need for additional personnel, if you do not prepare objective supporting materials and establish procedures such as efforts to avoid dismissal and prior consultation/provision of an opportunity to explain, there is a high risk that the Labor Relations Commission will find an unfair dismissal.
In cases of this type, it is advisable to seek assistance from experts such as Labor Law Firm Law&, to review both the special re-entry system under the Act on the Employment, etc. of Foreign Workers and the dismissal restrictions under the Labor Standards Act, and to prepare relevant internal regulations and evidentiary materials in advance.
2. Matters Decided
A. Case Overview and Procedural History
Where a foreign worker who is a beneficiary of the “special re-entry” provision under Article 18-4 of the Act on the Employment, etc. of Foreign Workers has obtained approval for special re-entry and has prepared and entered into a valid written employment contract, thereby definitively agreeing to maintain the employment contract going forward, the employer’s unilateral cancellation of re-entry against the worker’s will while the worker is temporarily in his home country should be viewed, in light of the following, as an unfair dismissal: it is difficult to find any fault attributable to the worker for the cancellation of re-entry; the employer has failed to submit specific evidentiary materials showing that there was no need to hire additional personnel due to decreased workload; and the employer did not conduct any consultation procedure such as providing the worker with a prior opportunity to explain regarding the cancellation of re-entry.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Where a foreign worker who is a beneficiary of the “special re-entry” provision under Article 18-4 of the Act on the Employment, etc. of Foreign Workers has obtained approval for special re-entry and has prepared and entered into a valid written employment contract, thereby definitively agreeing to maintain the employment contract going forward, the employer’s unilateral cancellation of re-entry against the worker’s will while the worker is temporarily in his home country should be viewed, in light of the following, as an unfair dismissal: it is difficult to find any fault attributable to the worker for the cancellation of re-entry; the employer has failed to submit specific evidentiary materials showing that there was no need to hire additional personnel due to decreased workload; and the employer did not conduct any consultation procedure such as providing the worker with a prior opportunity to explain regarding the cancellation of re-entry. /
[See More Related Decisions]
- “Unmet Requirements for Redundancy Dismissal (Workout Company)” – Related Unfair Dismissal Decision
- “Expression of Intention to Resign (Resignation Remark in Telephone Call)” – Related Unfair Dismissal Decision
- “Dismissal of Application (Non-Appearance at Hearing)” – Related Unfair Dismissal Decision – Date of Decision: – Case No.: Dismissed
[Tags]
Unfair dismissal, Unfair dismissal (cancellation of special re-entry for foreign workers), restructuring, 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 the “Unfair Dismissal Decision” series by Labor Law Firm Law&.
※ You can view the previous article, “Unfair Dismissal Decision Related to ‘Existence of Dismissal (Leaving the Workplace After Assaulting Mother-in-Law · Transfer to Own Account)’,” in a new window.
※ The list of decisions related to Unfair Dismissal (Cancellation of Special Re-entry for Foreign Workers) can be found in the “Unfair Dismissal (Cancellation of Special Re-entry for Foreign Workers) Related Decisions” list.
※ Korean version of this case: Korean article
