Corporate trends / Performance record
‘Voluntary Resignation (No Withdrawal of Resignation Letter)’ Unfair Dismissal Decision (Unfair Dismissal 512)
- Date2026/07/02 04:06
- Read 16
1. Legal Implications
Ⅰ. Case Overview
In this unfair dismissal relief application, the employee applied to the Labor Relations Commission for relief, asserting that they had no choice but to submit a resignation letter under pressure from the employer. The employer, on the other hand, argued that the employee voluntarily submitted the resignation letter, which the employer accepted, thereby terminating the employment relationship, and that there was therefore no dismissal.
The Jeonnam Regional Labor Relations Commission examined the facts and rendered its decision focusing on the employee’s expression of intent to resign and its legal effect, as well as the legal principles governing the circumstances under which the resignation letter was submitted.
Ⅱ. Issues in Dispute
The key issue in this case is whether, in a situation where the employee submitted a resignation letter and did not subsequently express any intention to withdraw it, the resignation should be regarded as a de facto dismissal induced by the employer’s coercion or duress, or as a voluntary resignation (or consensual termination) by the employee such that no dismissal exists.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The decision panel noted that the employee personally drafted and submitted the resignation letter to the employer; that, after submitting the resignation letter, the employee did not clearly request withdrawal of the resignation; and that no objective facts or circumstances were found to support the view that the employee expressed an intention to resign or submitted the resignation letter due to the employer’s coercion or duress.
In light of these circumstances, the panel determined that the employee voluntarily expressed an intention to resign and that, upon the employer’s acceptance of this resignation, the employment relationship was terminated.
The panel held that, in this case, there was no “dismissal” in the first place, and therefore the claim of unfair dismissal could not be upheld.
Ⅳ. Practical Points (From the Employee’s Perspective)
The act of submitting a resignation letter is generally interpreted as an expression of intent to terminate the employment contract. Even if a resignation letter is written in the heat of the moment, it is important to think carefully before actually submitting it. If you wish to retract your intention to resign, you should clearly express your intention to withdraw in a verifiable manner (such as in writing or by email) before the employer’s acceptance of the resignation reaches you. If there was coercion or duress by the employer, you must secure objective evidence from that time, such as recordings of conversations, text messages, or messenger logs.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s standpoint, in order to prevent unfair dismissal disputes, it is advisable, when an employee submits a resignation letter, to confirm the voluntary nature of the resignation and to keep a brief record of the interview process, including the interviewer, date, time, and place. In addition, in the context of restructuring or personnel measures, the practice of effectively dismissing employees while formally requiring submission of a resignation letter (so‑called “voluntary resignation” in form only) carries a high risk that the genuineness of the resignation will be denied. Accordingly, employers should design their HR and labor strategies so as to satisfy the legal requirements for redundancy dismissals or disciplinary dismissals and follow proper procedures.
To prevail in this type of case, it is essential to have an accurate understanding of the legal criteria distinguishing resignation, dismissal, and consensual termination, as well as the case law on withdrawal of an expression of intent to resign, and to systematically organize the facts in line with these legal principles through documents and other evidence. (© Labor Attorney Moon Young‑seop, Labor Law Firm Law&)
2. Matters Adjudicated
A. Case Overview and Procedural History
Taking into account that the employee drafted and submitted a resignation letter; that the employee did not request withdrawal of the submitted resignation letter; and that no objective facts or circumstances were identified to support the view that the employee expressed an intention to resign or submitted the resignation letter due to the employer’s coercion or duress, the Commission found that the employee expressed an intention to resign and the employer accepted it, thereby terminating the employment relationship, and that no dismissal exists.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Taking into account that the employee drafted and submitted a resignation letter; that the employee did not request withdrawal of the submitted resignation letter; and that no objective facts or circumstances were identified to support the view that the employee expressed an intention to resign or submitted the resignation letter due to the employer’s coercion or duress, the Commission found that the employee expressed an intention to resign and the employer accepted it, thereby terminating the employment relationship, and that no dismissal exists. /
[More Related Decisions]
- “Expression of Intent to Resign (Resignation Remark in Telephone Call)” Unfair Dismissal Decision
- “Non‑Formation of Hiring Decision (Absence of Offer Letter)” Unfair Dismissal Decision – Date of Decision: – Case No.: First‑instance Decision Upheld
- “Dismissal of Application (Non‑Appearance at Hearing)” Unfair Dismissal Decision – Date of Decision: – Case No.: Dismissed
[Tags]
Unfair dismissal, voluntary resignation (no withdrawal of resignation letter), 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 part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ The previous article, “‘Denial of Employer Status (New Service Contractor)’ Unfair Dismissal Decision,” can be viewed in a new window.
※ A list of decisions related to voluntary resignation (no withdrawal of resignation letter) can be viewed under “List of Decisions Related to Voluntary Resignation (No Withdrawal of Resignation Letter).”
※ Korean version of this case: Korean article
Ⅰ. Case Overview
In this unfair dismissal relief application, the employee applied to the Labor Relations Commission for relief, asserting that they had no choice but to submit a resignation letter under pressure from the employer. The employer, on the other hand, argued that the employee voluntarily submitted the resignation letter, which the employer accepted, thereby terminating the employment relationship, and that there was therefore no dismissal.
The Jeonnam Regional Labor Relations Commission examined the facts and rendered its decision focusing on the employee’s expression of intent to resign and its legal effect, as well as the legal principles governing the circumstances under which the resignation letter was submitted.
Ⅱ. Issues in Dispute
The key issue in this case is whether, in a situation where the employee submitted a resignation letter and did not subsequently express any intention to withdraw it, the resignation should be regarded as a de facto dismissal induced by the employer’s coercion or duress, or as a voluntary resignation (or consensual termination) by the employee such that no dismissal exists.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The decision panel noted that the employee personally drafted and submitted the resignation letter to the employer; that, after submitting the resignation letter, the employee did not clearly request withdrawal of the resignation; and that no objective facts or circumstances were found to support the view that the employee expressed an intention to resign or submitted the resignation letter due to the employer’s coercion or duress.
In light of these circumstances, the panel determined that the employee voluntarily expressed an intention to resign and that, upon the employer’s acceptance of this resignation, the employment relationship was terminated.
The panel held that, in this case, there was no “dismissal” in the first place, and therefore the claim of unfair dismissal could not be upheld.
Ⅳ. Practical Points (From the Employee’s Perspective)
The act of submitting a resignation letter is generally interpreted as an expression of intent to terminate the employment contract. Even if a resignation letter is written in the heat of the moment, it is important to think carefully before actually submitting it. If you wish to retract your intention to resign, you should clearly express your intention to withdraw in a verifiable manner (such as in writing or by email) before the employer’s acceptance of the resignation reaches you. If there was coercion or duress by the employer, you must secure objective evidence from that time, such as recordings of conversations, text messages, or messenger logs.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s standpoint, in order to prevent unfair dismissal disputes, it is advisable, when an employee submits a resignation letter, to confirm the voluntary nature of the resignation and to keep a brief record of the interview process, including the interviewer, date, time, and place. In addition, in the context of restructuring or personnel measures, the practice of effectively dismissing employees while formally requiring submission of a resignation letter (so‑called “voluntary resignation” in form only) carries a high risk that the genuineness of the resignation will be denied. Accordingly, employers should design their HR and labor strategies so as to satisfy the legal requirements for redundancy dismissals or disciplinary dismissals and follow proper procedures.
To prevail in this type of case, it is essential to have an accurate understanding of the legal criteria distinguishing resignation, dismissal, and consensual termination, as well as the case law on withdrawal of an expression of intent to resign, and to systematically organize the facts in line with these legal principles through documents and other evidence. (© Labor Attorney Moon Young‑seop, Labor Law Firm Law&)
2. Matters Adjudicated
A. Case Overview and Procedural History
Taking into account that the employee drafted and submitted a resignation letter; that the employee did not request withdrawal of the submitted resignation letter; and that no objective facts or circumstances were identified to support the view that the employee expressed an intention to resign or submitted the resignation letter due to the employer’s coercion or duress, the Commission found that the employee expressed an intention to resign and the employer accepted it, thereby terminating the employment relationship, and that no dismissal exists.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Taking into account that the employee drafted and submitted a resignation letter; that the employee did not request withdrawal of the submitted resignation letter; and that no objective facts or circumstances were identified to support the view that the employee expressed an intention to resign or submitted the resignation letter due to the employer’s coercion or duress, the Commission found that the employee expressed an intention to resign and the employer accepted it, thereby terminating the employment relationship, and that no dismissal exists. /
[More Related Decisions]
- “Expression of Intent to Resign (Resignation Remark in Telephone Call)” Unfair Dismissal Decision
- “Non‑Formation of Hiring Decision (Absence of Offer Letter)” Unfair Dismissal Decision – Date of Decision: – Case No.: First‑instance Decision Upheld
- “Dismissal of Application (Non‑Appearance at Hearing)” Unfair Dismissal Decision – Date of Decision: – Case No.: Dismissed
[Tags]
Unfair dismissal, voluntary resignation (no withdrawal of resignation letter), 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 part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ The previous article, “‘Denial of Employer Status (New Service Contractor)’ Unfair Dismissal Decision,” can be viewed in a new window.
※ A list of decisions related to voluntary resignation (no withdrawal of resignation letter) can be viewed under “List of Decisions Related to Voluntary Resignation (No Withdrawal of Resignation Letter).”
※ Korean version of this case: Korean article
