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Unfair Dismissal (Wrongful Termination) of Native English Teachers in Korea: What to Do If Your Contract Gets Shortened
  • Date2025/05/12 17:17
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If you're a native English teacher in Korea facing a sudden contract change or dismissal, know your legal rights. Learn what to do if your employer tries to shorten your contract period after arrival.
 
Case Overview
A native English teacher signed a one-year fixed-term employment contract with a language institute in Korea before relocating from abroad. Upon arrival, the teacher completed mandatory pre-employment training provided by the school.
However, just before the scheduled start of teaching duties, the employer unilaterally informed the teacher that the contract term would be reduced from 12 months to 6 months.
This unexpected notice raised concerns about whether the employer’s actions were legal and what rights the teacher had under Korean labor law.
 
Can an Employer Change the Contract Before Work Begins?
The key legal question is whether an employment contract has already been validly established, even before actual teaching starts.
Under Korean labor law and court precedents, once both parties have signed a contract and the employee has taken concrete steps to begin work (such as traveling to Korea and completing training), the employment relationship is considered to have commenced. This is true even if the employee hasn’t yet started classroom teaching.
Once an employment contract has commenced, any unilateral change to core employment conditions, such as the contract period, is not permitted without mutual consent.
The length of the contract is regarded as a fundamental term, and shortening it without the teacher’s agreement may constitute unfair dismissal or illegal contract modification.
 
Legal Advice and Recommended Action
We advised the teacher of the following:
  • The original 1-year contract remains valid and enforceable.
  • The employer cannot unilaterally reduce the contract term without the teacher’s consent.
  • If the school insists on shortening the period, the teacher may raise a legal claim for breach of contract or unfair dismissal.
 
To facilitate constructive communication, we drafted an official email for the teacher to send to the employer. The message clearly:
  • Confirmed the validity of the signed 1-year contract.
  • Emphasized that contract modifications require mutual agreement.
  • Outlined the potential legal consequences of non-compliance.
 
We also offered further guidance on how to respond if the employer remains uncooperative.
 
 
Need Help? We Offer English Labor Law Consultations for Foreign Workers in Korea
At SAERO Labor Law Firm, we regularly assist foreign employees and multinational companies in Korea with employment disputes, unfair dismissal, and workplace harassment.
📌 Consultations are available in English and provided on a paid basis (except for fee estimates).
 
If you are a native English teacher or foreign employee facing sudden changes to your contract or unfair dismissal in Korea, click the link below to request a consultation.