Can We Dismiss an Employee During Probation in Korea?

Short Answer

Yes, but only with a justifiable reason.

In Korea, an employer may dismiss an employee during probation, but probation does not mean at-will employment. Korean courts generally treat probationary dismissal or refusal of regular employment as the employer’s exercise of a reserved right to terminate the employment relationship.

This means probationary dismissal may be recognized more broadly than ordinary dismissal, because probation is intended to evaluate the employee’s job fitness, including work ability, attitude, performance, and suitability for the role.

However, the dismissal must still be supported by objectively reasonable grounds and must be socially acceptable under the circumstances.

In practice, documentation is often critical.

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Can an Employer Freely Dismiss an Employee During Probation in Korea?

No.

A probationary employee is still an employee under Korean labor law. The employee is not outside the protection of Korean dismissal rules simply because the employment contract includes a probationary period.

The key issue is whether the employer can show a legitimate reason connected to the employee’s job fitness.

For example, an employer may have stronger grounds if the employee shows serious performance issues, repeated failure to perform essential duties, misconduct, compliance problems, or other objective problems during the probationary period.

However, vague reasons such as “not a good fit,” “failed probation,” or “management lost confidence” may be risky if they are not supported by objective facts.

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Is Probationary Dismissal Easier Than Ordinary Dismissal?

Generally, yes, but only to a limited extent.

Korean courts recognize that probation exists so that the employer can evaluate whether the employee is suitable for regular employment. For that reason, dismissal during probation or refusal of regular employment may be reviewed somewhat more flexibly than ordinary dismissal.

However, this does not remove the requirement of objective reasonableness.

The employer should still be able to explain:

• what performance or conduct standard applied;
• how the employee failed to meet that standard;
• whether the issue was connected to the employee’s role;
• whether the evaluation was fair; and
• what records support the decision.

The more serious and better-documented the issue is, the stronger the employer’s position will usually be.

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What Reasons May Justify Dismissal During Probation?

The answer depends on the facts, but the strongest reasons are usually those directly related to job fitness.

Examples may include:

• inability to perform essential job duties;
• repeated performance problems;
• serious misconduct;
• violation of company policies;
• poor attendance or repeated lateness;
• refusal to follow reasonable work instructions;
• compliance or integrity concerns;
• material misrepresentations during the hiring process.

However, the employer should avoid relying only on subjective impressions. The decision should be tied to concrete facts, work performance, conduct, or documented evaluation results.

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Does the Employer Need to Give a Warning or Improvement Opportunity?

Not always as a formal legal requirement.

However, in practice, giving feedback, warnings, coaching, or an opportunity to improve may help show that the employer’s decision was fair and evidence-based.

This is especially important if the reason for dismissal is poor performance rather than serious misconduct.

For example, if an employer dismisses a probationary employee for poor performance, but there is no evaluation record, no feedback, no warning, and no evidence that the employee knew what standard applied, the dismissal may be easier to challenge.

A fair probation process is often as important as the final decision itself.

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Why Documentation Matters

In an employment dispute, the employer usually needs to explain why the probationary dismissal was justified.

Useful records may include:

• employment contract and probation clause;
• job description;
• performance evaluation criteria;
• training records;
• supervisor feedback;
• written warnings;
• emails or internal messages showing work issues;
• attendance records;
• compliance investigation records, if applicable;
• final evaluation report.

The documentation should show that the decision was based on objective grounds, not personal dislike, arbitrary judgment, or after-the-fact justification.

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Are Notice Requirements Different During Probation?

Possibly.

Under Korean law, certain employees who have worked for only a short period may fall within exceptions to the 30-day advance notice requirement.

However, this point should not be misunderstood.

A notice exception does not mean the employer may dismiss the employee without a justifiable reason. The question of advance notice and the question of dismissal justification are separate issues.

In other words, even if advance notice is not required, the employer should still confirm that the dismissal itself is legally justified.

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What Should Foreign Employers Check Before Dismissal?

Before dismissing a probationary employee in Korea, foreign employers should check the following:

• whether the employment contract clearly provides a probationary period;
• whether the probation clause is properly drafted;
• whether the employee’s job duties and evaluation criteria were clear;
• whether the reason for dismissal is connected to job fitness;
• whether there is objective evidence supporting the decision;
• whether internal HR procedures were followed;
• whether notice or payment in lieu of notice is required;
• whether the termination letter is properly prepared.

For foreign companies, it is also important that local managers do not assume that Korean probation works the same way as “at-will” employment systems in other countries.

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Practical Takeaway

Probation can give employers more flexibility, but it is not a free dismissal period.

The safest approach is to treat probation as a structured evaluation period. Employers should define expectations, monitor performance, give feedback where appropriate, and keep clear records.

If the employer later decides not to continue the employment relationship, the decision should be clearly connected to job fitness and supported by objective evidence.

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Conclusion

An employee can be dismissed during probation in Korea, but not simply because the employee is “still on probation.”

Korean courts generally require probationary dismissal to be based on objectively reasonable grounds and to be socially acceptable. While employers may have somewhat broader discretion during probation than after regular employment is confirmed, the decision must still be fair, evidence-based, and legally defensible.

For foreign companies operating in Korea, careful drafting, fair evaluation, and proper documentation are essential to reducing the risk of an unfair dismissal dispute.

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