Corporate trends / Performance record
Unfair Dismissal Case Concerning “Termination by Agreement (Resignation upon Employer’s Recommendation)” (Unfair Dismissal 501)
- Date2026/06/06 04:26
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “termination by agreement (resignation upon employer’s recommendation).”
Decision body: Jeonbuk Regional Labor Relations Commission 2026Buhae41 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.03.18 · Case result: Dismissed
Key issue summary:
① As of 22 October 2025, the employee stated the reason for resignation as “I resign after carefully considering the company’s recommendation.”
1. Legal Implications
Ⅰ. Case Overview
In this application for remedy for unfair dismissal, the employee, after receiving the company’s recommendation, drafted and submitted a resignation letter on his own, and later filed an application for remedy for unfair dismissal with the Labor Relations Commission, disputing the separation. The Jeonbuk Regional Labor Relations Commission focused its review on whether the submitted resignation letter constituted a declaration of intent to terminate the employment contract by mutual agreement in accordance with the employee’s true intent, or whether it amounted in substance to a dismissal caused by the employer’s coercion or deceit.
Ⅱ. Summary of Issues
The issue in this case is whether, in circumstances where the employee submitted a resignation letter stating, “I resign after carefully considering the company’s recommendation,” the resignation constitutes a de facto unfair dismissal resulting from the employer’s coercion or deceit, or a voluntary termination of the employment contract by mutual agreement between the employee and the employer.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case held that, in light of the following: the employer received from the employee a resignation letter explicitly stating, “I resign after carefully considering the company’s recommendation”; there was no objective evidence to support the circumstances of coercion or deceit alleged by the employee; it appeared that, in the situation at the time, the employee judged that submitting a resignation letter was the best option and expressed his intention accordingly; and after submitting the resignation letter, the employee appeared to accept the recommended resignation and raised no particular objection to the employer up to the date of the application for remedy,
the employee’s submission of the resignation letter should be regarded as a termination of the employment contract by mutual agreement with the employer; there was no unilateral declaration of intent to dismiss by the employer; and therefore, because no dismissal existed, the application for remedy for unfair dismissal could not be the subject of relief. On this basis, the Commission ruled in favor of the employer.
Ⅳ. Practical Points (From the Employee’s Perspective)
Employees should bear in mind that, when they draft a resignation letter upon receiving a recommendation to resign, the Labor Relations Commission will determine whether there was a “voluntary termination by agreement” primarily based on the wording of the letter, the circumstances under which it was drafted, and the employee’s conduct after submission. To assert that there was coercion or deceit by the employer, the employee must preserve objective evidence such as specific conversation details, recordings, text or messenger records, and statements from third parties. It is also very important, for any future unfair dismissal dispute, to raise objections or clearly express an intention to withdraw the resignation immediately after submitting the resignation letter.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the employer’s standpoint, when proceeding with a recommended resignation, it is advisable to give the employee a genuine choice and sufficient time to consider, and to clearly document the consultation process and the procedure for confirming the employee’s intention to resign, in writing or by recording. The resignation letter should accurately state the date of drafting and submission and include wording that reflects the employee’s voluntary intent. In addition, by managing and confirming that the employee did not raise any particular objection for a considerable period thereafter, the employer can reduce the likelihood of future unfair dismissal disputes before the Labor Relations Commission.
This Jeonbuk Regional Labor Relations Commission decision is a good illustration of how the existence of a dismissal is assessed when a “resignation upon employer’s recommendation” has been submitted. In similar cases, it is prudent for both employees and employers to obtain advice in advance from experts such as Labor Law Firm Law&, and to prepare evidence and procedures accordingly.
2. Matters Decided
A. Case Overview and Procedural History
In light of the following: ① As of 22 October 2025, the employee drafted and submitted to the employer a resignation letter stating the reason for resignation as “I resign after carefully considering the company’s recommendation.” ② The employee alleged that he was induced to draft the resignation letter by the employer’s coercion and deceit, but no objective evidence was identified. ③ It appears that the employee judged that submitting a resignation letter was the best option and expressed his intention accordingly. ④ After submitting the resignation letter, the employee appeared to accept the employer’s recommended resignation and raised no particular objection to the employer up to the date of the application for remedy. Considering these circumstances, the submission of the resignation letter by the employee is deemed to have terminated the employment relationship between the employee and the employer by mutual agreement, and therefore no dismissal exists.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Decision
In light of the following: ① As of 22 October 2025, the employee drafted and submitted to the employer a resignation letter stating the reason for resignation as “I resign after carefully considering the company’s recommendation.” ② The employee alleged that he was induced to draft the resignation letter by the employer’s coercion and deceit, but no objective evidence was identified. ③ It appears that the employee judged that submitting a resignation letter was the best option and expressed his intention accordingly. ④ After submitting the resignation letter, the employee appeared to accept the employer’s recommended resignation and raised no particular objection to the employer up to the date of the application for remedy. Considering these circumstances, the submission of the resignation letter by the employee is deemed to have terminated the employment relationship between the employee and the employer by mutual agreement, and therefore no dismissal exists. /
[More Related Decisions]
- “Unfair Dismissal Decision Concerning Expression of Intention to Resign (Resignation Remark Made by Telephone Call)”
- “Unfair Dismissal Decision Concerning Reaching the Mandatory Retirement Age (Refusal to Renew Contract)”
- “Unfair Dismissal Decision Concerning Non-Formation of Hiring Commitment (Absence of Offer Letter)” – Date of decision: – Case number: First-instance decision upheld
[Tags]
Unfair dismissal, termination by agreement (resignation upon employer’s recommendation), 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 Decisions” series by Labor Law Firm Law&.
※ The previous article, “Unfair Dismissal Decision Concerning Reaching the Mandatory Retirement Age (Refusal to Renew Contract),” can be viewed in a new window.
※ The list of decisions related to termination by agreement (resignation upon employer’s recommendation) can be viewed together on the “List of Decisions Related to Termination by Agreement (Resignation upon Employer’s Recommendation)” page.
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “termination by agreement (resignation upon employer’s recommendation).”
Decision body: Jeonbuk Regional Labor Relations Commission 2026Buhae41 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.03.18 · Case result: Dismissed
Key issue summary:
① As of 22 October 2025, the employee stated the reason for resignation as “I resign after carefully considering the company’s recommendation.”
1. Legal Implications
Ⅰ. Case Overview
In this application for remedy for unfair dismissal, the employee, after receiving the company’s recommendation, drafted and submitted a resignation letter on his own, and later filed an application for remedy for unfair dismissal with the Labor Relations Commission, disputing the separation. The Jeonbuk Regional Labor Relations Commission focused its review on whether the submitted resignation letter constituted a declaration of intent to terminate the employment contract by mutual agreement in accordance with the employee’s true intent, or whether it amounted in substance to a dismissal caused by the employer’s coercion or deceit.
Ⅱ. Summary of Issues
The issue in this case is whether, in circumstances where the employee submitted a resignation letter stating, “I resign after carefully considering the company’s recommendation,” the resignation constitutes a de facto unfair dismissal resulting from the employer’s coercion or deceit, or a voluntary termination of the employment contract by mutual agreement between the employee and the employer.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case held that, in light of the following: the employer received from the employee a resignation letter explicitly stating, “I resign after carefully considering the company’s recommendation”; there was no objective evidence to support the circumstances of coercion or deceit alleged by the employee; it appeared that, in the situation at the time, the employee judged that submitting a resignation letter was the best option and expressed his intention accordingly; and after submitting the resignation letter, the employee appeared to accept the recommended resignation and raised no particular objection to the employer up to the date of the application for remedy,
the employee’s submission of the resignation letter should be regarded as a termination of the employment contract by mutual agreement with the employer; there was no unilateral declaration of intent to dismiss by the employer; and therefore, because no dismissal existed, the application for remedy for unfair dismissal could not be the subject of relief. On this basis, the Commission ruled in favor of the employer.
Ⅳ. Practical Points (From the Employee’s Perspective)
Employees should bear in mind that, when they draft a resignation letter upon receiving a recommendation to resign, the Labor Relations Commission will determine whether there was a “voluntary termination by agreement” primarily based on the wording of the letter, the circumstances under which it was drafted, and the employee’s conduct after submission. To assert that there was coercion or deceit by the employer, the employee must preserve objective evidence such as specific conversation details, recordings, text or messenger records, and statements from third parties. It is also very important, for any future unfair dismissal dispute, to raise objections or clearly express an intention to withdraw the resignation immediately after submitting the resignation letter.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the employer’s standpoint, when proceeding with a recommended resignation, it is advisable to give the employee a genuine choice and sufficient time to consider, and to clearly document the consultation process and the procedure for confirming the employee’s intention to resign, in writing or by recording. The resignation letter should accurately state the date of drafting and submission and include wording that reflects the employee’s voluntary intent. In addition, by managing and confirming that the employee did not raise any particular objection for a considerable period thereafter, the employer can reduce the likelihood of future unfair dismissal disputes before the Labor Relations Commission.
This Jeonbuk Regional Labor Relations Commission decision is a good illustration of how the existence of a dismissal is assessed when a “resignation upon employer’s recommendation” has been submitted. In similar cases, it is prudent for both employees and employers to obtain advice in advance from experts such as Labor Law Firm Law&, and to prepare evidence and procedures accordingly.
2. Matters Decided
A. Case Overview and Procedural History
In light of the following: ① As of 22 October 2025, the employee drafted and submitted to the employer a resignation letter stating the reason for resignation as “I resign after carefully considering the company’s recommendation.” ② The employee alleged that he was induced to draft the resignation letter by the employer’s coercion and deceit, but no objective evidence was identified. ③ It appears that the employee judged that submitting a resignation letter was the best option and expressed his intention accordingly. ④ After submitting the resignation letter, the employee appeared to accept the employer’s recommended resignation and raised no particular objection to the employer up to the date of the application for remedy. Considering these circumstances, the submission of the resignation letter by the employee is deemed to have terminated the employment relationship between the employee and the employer by mutual agreement, and therefore no dismissal exists.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Decision
In light of the following: ① As of 22 October 2025, the employee drafted and submitted to the employer a resignation letter stating the reason for resignation as “I resign after carefully considering the company’s recommendation.” ② The employee alleged that he was induced to draft the resignation letter by the employer’s coercion and deceit, but no objective evidence was identified. ③ It appears that the employee judged that submitting a resignation letter was the best option and expressed his intention accordingly. ④ After submitting the resignation letter, the employee appeared to accept the employer’s recommended resignation and raised no particular objection to the employer up to the date of the application for remedy. Considering these circumstances, the submission of the resignation letter by the employee is deemed to have terminated the employment relationship between the employee and the employer by mutual agreement, and therefore no dismissal exists. /
[More Related Decisions]
- “Unfair Dismissal Decision Concerning Expression of Intention to Resign (Resignation Remark Made by Telephone Call)”
- “Unfair Dismissal Decision Concerning Reaching the Mandatory Retirement Age (Refusal to Renew Contract)”
- “Unfair Dismissal Decision Concerning Non-Formation of Hiring Commitment (Absence of Offer Letter)” – Date of decision: – Case number: First-instance decision upheld
[Tags]
Unfair dismissal, termination by agreement (resignation upon employer’s recommendation), 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 Decisions” series by Labor Law Firm Law&.
※ The previous article, “Unfair Dismissal Decision Concerning Reaching the Mandatory Retirement Age (Refusal to Renew Contract),” can be viewed in a new window.
※ The list of decisions related to termination by agreement (resignation upon employer’s recommendation) can be viewed together on the “List of Decisions Related to Termination by Agreement (Resignation upon Employer’s Recommendation)” page.
※ Korean version of this case: Korean article
