Siwoo Law Firm represented the Korean branch of an overseas business in unfair dismissal proceedings before the Seoul Regional Labor Relations Commission. The dispute concerned the employer's decision not to confirm an employee's continued employment following a probationary assessment.

The Commission dismissed the employee's application for relief. It found that the employment relationship was probationary, that there were reasonable grounds for refusing confirmation, and that the written notice requirements had been met.

The dispute over probation and job responsibilities

The employee challenged both the probationary status and the basis for the assessment. The dispute also concerned accounting support for an overseas office and whether the assessment by an overseas manager was sufficiently objective.

The Commission considered the signed job offer, which specified probation and performance assessment, together with the assessments actually conducted and the employee's agreement to an earlier extension. It concluded that the parties had established a probationary employment relationship.

Assessment records and the underlying evidence

The Commission did not treat a disagreement about an overseas assignment as sufficient, by itself, to justify refusing confirmation. It noted the limits of the evidence about how specifically that assignment had been identified at recruitment.

It examined the broader record, including work accuracy, administrative handling, communication, and the opportunity to improve. The assessment findings were substantially supported by contemporaneous emails and other communications, rather than standing alone as an unexplained rating.

The Commission also distinguished the employee's refusal of a further probation extension from the underlying performance concerns. Refusing the extension was not an independent ground for non-confirmation; the decision was assessed against the accumulated performance record.

Written reasons and the termination date

The written notice identified the termination date and described the grounds under separate headings, with supporting materials attached. The Commission found that the employee could understand the substantive reasons and respond to them, and that the notice satisfied Article 27 of the Labor Standards Act.

For an international HR team, this distinction matters. An internal decision about performance must be supported by a notice that communicates the relevant reasons and date to the employee. Labor Standards Act, Article 27.

The result and lessons for international employers

Siwoo represented the employer in proceedings that resulted in the dismissal of the application at first instance. The case illustrates how a signed offer, assessment history, day-to-day records, and written notice are considered together in a Korean employment dispute.

For businesses using overseas reporting lines, the practical task is to connect the Korean employee's agreed role with actual instructions, documented feedback, and the reasons for the employment decision. A probation clause or a manager's overall rating should not be treated as sufficient on its own.

Related services: HR and Labor and Foreign Investment and Cross-Border Business.

This summary concerns a specific first-instance Commission decision and does not state that the decision is final. Probationary status does not permit termination without legally sufficient grounds and procedure.