Corporate trends / Performance record
Decision on Unfair Dismissal Concerning the “Genuineness of Resignation upon Employer’s Recommendation (Consent via KakaoTalk)” (Unfair Dismissal 9)
- Date2025/12/29 13:11
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An application for remedy for unfair dismissal concerning the “genuineness of resignation upon employer’s recommendation (consent via KakaoTalk)” was heard before the Labor Relations Commission, and a decision was rendered in favor of the employer. We would like to share this decision and its legal implications. In this post, Labor Law Firm Law& will focus on issues relating to resignation upon employer’s recommendation, which frequently arise in the course of handling collective redundancies and unfair dismissal cases.
1. Legal Implications
The key issue in this case was “whether, where an employee accepts the employer’s proposal via KakaoTalk or similar messaging service, the termination of the employment contract can be regarded as a resignation upon employer’s recommendation rather than an unfair dismissal.”
The panel in this case noted that the employee, on 2 October 2025, explicitly agreed to the employer’s proposal, “How about you work only until today and we wrap things up that way?”, by replying “Yes. Okay.”; that on the same day, when the employer sent the message, “It seems you’re not blending well with the team. I ask for your understanding,” the employee replied, “Well, anyway, I understand… Thank you for making things comfortable for me”; and that on 15 October 2025, when the employer later asked, “Would you like to come back to work?”, the employee replied, “I don’t want to work.”
Although the employee argued that he had in effect been forced to resign on the ground of poor team integration and that he had no choice but to agree due to financial hardship,
the panel held that the termination in this case was not a unilateral termination of the employment contract by the employer, but rather a resignation upon employer’s recommendation (termination by mutual agreement) based on the employee’s intent, and therefore did not constitute unfair dismissal.
The core factors that can lead to a recommended resignation being recharacterized as an unfair dismissal are “an intention to resign that does not reflect the employee’s true will” and “whether the employer exerted coercion.” As in this case, where the conversation shows that the employee agreed to the termination in relatively clear terms and later repeatedly rejected the employer’s proposal to return to work, there is a strong basis to recognize the voluntariness of the resignation upon recommendation. Conversely, if there are circumstances such as threats or coercion, forced submission of a resignation letter, or a complete lack of alternatives, then even if the termination is styled as voluntary resignation, in substance it may be regarded as a dismissal. Both employers and employees should therefore carefully manage conversational and documentary evidence generated in the course of a resignation upon employer’s recommendation.
2. Matters Determined
In light of the following facts—① on 2 October 2025, the employee responded “Yes. Okay.” to the employer’s proposal, “How about you work only until today and we wrap things up that way?”; ② on the same day, the employee replied, “Well, anyway, I understand. I sincerely wish you peace at all times. Thank you for making things comfortable for me,” to the employer’s message, “It seems you’re not blending well with the team. I ask for your understanding”; and ③ in a KakaoTalk conversation on 15 October 2025, when the employer in this case asked, “What is it that you want? Would you like to come back to work?”, the employee replied, “I don’t want to work.”—the reason for termination of the employment contract is found to be resignation upon employer’s recommendation, and it is difficult to recognize that a dismissal occurred.
3. Gist of the Decision
In light of the following facts—① on 2 October 2025, the employee responded “Yes. Okay.” to the employer’s proposal, “How about you work only until today and we wrap things up that way?”; ② on the same day, the employee replied, “Well, anyway, I understand. I sincerely wish you peace at all times. Thank you for making things comfortable for me,” to the employer’s message, “It seems you’re not blending well with the team. I ask for your understanding”; and ③ in a KakaoTalk conversation on 15 October 2025, when the employer in this case asked, “What is it that you want? Would you like to come back to work?”, the employee replied, “I don’t want to work.”—the reason for termination of the employment contract is found to be resignation upon employer’s recommendation, and it is difficult to recognize that a dismissal occurred. /
1. Legal Implications
The key issue in this case was “whether, where an employee accepts the employer’s proposal via KakaoTalk or similar messaging service, the termination of the employment contract can be regarded as a resignation upon employer’s recommendation rather than an unfair dismissal.”
The panel in this case noted that the employee, on 2 October 2025, explicitly agreed to the employer’s proposal, “How about you work only until today and we wrap things up that way?”, by replying “Yes. Okay.”; that on the same day, when the employer sent the message, “It seems you’re not blending well with the team. I ask for your understanding,” the employee replied, “Well, anyway, I understand… Thank you for making things comfortable for me”; and that on 15 October 2025, when the employer later asked, “Would you like to come back to work?”, the employee replied, “I don’t want to work.”
Although the employee argued that he had in effect been forced to resign on the ground of poor team integration and that he had no choice but to agree due to financial hardship,
the panel held that the termination in this case was not a unilateral termination of the employment contract by the employer, but rather a resignation upon employer’s recommendation (termination by mutual agreement) based on the employee’s intent, and therefore did not constitute unfair dismissal.
The core factors that can lead to a recommended resignation being recharacterized as an unfair dismissal are “an intention to resign that does not reflect the employee’s true will” and “whether the employer exerted coercion.” As in this case, where the conversation shows that the employee agreed to the termination in relatively clear terms and later repeatedly rejected the employer’s proposal to return to work, there is a strong basis to recognize the voluntariness of the resignation upon recommendation. Conversely, if there are circumstances such as threats or coercion, forced submission of a resignation letter, or a complete lack of alternatives, then even if the termination is styled as voluntary resignation, in substance it may be regarded as a dismissal. Both employers and employees should therefore carefully manage conversational and documentary evidence generated in the course of a resignation upon employer’s recommendation.
2. Matters Determined
In light of the following facts—① on 2 October 2025, the employee responded “Yes. Okay.” to the employer’s proposal, “How about you work only until today and we wrap things up that way?”; ② on the same day, the employee replied, “Well, anyway, I understand. I sincerely wish you peace at all times. Thank you for making things comfortable for me,” to the employer’s message, “It seems you’re not blending well with the team. I ask for your understanding”; and ③ in a KakaoTalk conversation on 15 October 2025, when the employer in this case asked, “What is it that you want? Would you like to come back to work?”, the employee replied, “I don’t want to work.”—the reason for termination of the employment contract is found to be resignation upon employer’s recommendation, and it is difficult to recognize that a dismissal occurred.
3. Gist of the Decision
In light of the following facts—① on 2 October 2025, the employee responded “Yes. Okay.” to the employer’s proposal, “How about you work only until today and we wrap things up that way?”; ② on the same day, the employee replied, “Well, anyway, I understand. I sincerely wish you peace at all times. Thank you for making things comfortable for me,” to the employer’s message, “It seems you’re not blending well with the team. I ask for your understanding”; and ③ in a KakaoTalk conversation on 15 October 2025, when the employer in this case asked, “What is it that you want? Would you like to come back to work?”, the employee replied, “I don’t want to work.”—the reason for termination of the employment contract is found to be resignation upon employer’s recommendation, and it is difficult to recognize that a dismissal occurred. /
