Corporate trends / Performance record
‘Existence of Intent to Resign (Farewell Remarks · Leaving Group Chat)’ Unfair Dismissal Decision (Unfair Dismissal 529)
- Date2026/07/07 04:15
- Read 44
[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of the “existence of intent to resign (farewell remarks · leaving a group chat).”
Decision body: Gyeongbuk Regional Labor Relations Commission 2026Buhae303 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026-06-01 · Case result: Dismissed
Summary of key issue: After the employment relationship ended, the employee said farewell to colleagues, cleared out his/her personal locker, and left the company; thereafter, the employee voluntarily left the company KakaoTalk group chat. Taking these facts together with the subsequent text messages exchanged between the employer and the employee, the Commission found that the termination of the employment relationship was based on the employee’s voluntary intent.
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1. Legal Implications
Ⅰ. Case Overview
In this case, after the employment relationship with the company ended, the employee filed an application with the Labor Relations Commission seeking a remedy for unfair dismissal. The Gyeongbuk Regional Labor Relations Commission dismissed the application. The Commission found that the employee had said farewell to colleagues upon leaving, cleared out his/her personal locker, voluntarily left the company KakaoTalk group chat, and, in light of the contents of the subsequent text messages exchanged with the employer, the termination of the employment relationship should be regarded as a voluntary resignation by the employee. Accordingly, the Commission did not recognize the termination as an unfair dismissal.
Ⅱ. Summary of Issues
The issue in this case is whether, in circumstances where the employee engaged in conduct outwardly indicative of resignation—such as saying farewell upon leaving, clearing out a locker, and voluntarily leaving the company KakaoTalk group chat—the termination of the employment relationship should be viewed as an employer’s unilateral unfair dismissal, or as the employee’s voluntary resignation or a termination by mutual agreement.
Ⅲ. Key Points of the Labor Relations Commission’s Decision
The panel in this case noted that the employee said farewell upon leaving, cleared out his/her personal locker, and then left the company of his/her own accord; that the employee subsequently voluntarily left the company KakaoTalk group chat; and that, viewed as a whole, the text messages exchanged between the employer and the employee showed that the employee clearly expressed an intent to terminate the employment relationship on his/her own initiative.
On this basis, the Commission held that the cause of the termination of the employment relationship was not a unilateral dismissal by the employer, but rather the employee’s voluntary resignation. Therefore, as there was no unilateral manifestation of intent by the employer constituting a “dismissal” under the Labor Standards Act, the Commission found no need to further examine the legitimacy of the dismissal or whether to grant the application for an order of monetary compensation (order to pay wages equivalent to the period of unemployment in the event of unfair dismissal), and dismissed the application for a remedy for unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Where an employee, after making farewell remarks, clearing out personal belongings, and leaving a group chat—i.e., after engaging in outward “resignation-like” conduct—later claims unfair dismissal, the Labor Relations Commission may evaluate such circumstances as evidence of the employee’s voluntary intent to resign. If the employee’s choice to leave was effectively compelled by the employer’s pressure or coercion, it is important to secure in advance materials—such as emails, text messages, or audio recordings—showing that the employee’s true intent was not to be dismissed.
Ⅴ. Practical Points (From the Employer’s Perspective)
To prevent the legal characterization of the termination of an employment relationship from escalating into an unfair dismissal dispute, where an employee wishes to resign voluntarily, the company should, as far as possible, retain a written resignation letter or other materials clearly evidencing the employee’s intent to resign. Rather than processing the matter based solely on an oral statement of intent to resign, if the company manages the process so that the employee’s voluntary intent is clearly reflected in a written confirmation setting out the circumstances of resignation, desired date of departure, and reason for resignation, or in text messages or emails, this will assist in discharging the burden of proof regarding the cause of termination before the Labor Relations Commission or the courts.
2. Matters Decided
A. Case Overview and Procedural History
After the employment relationship ended, the employee said farewell to colleagues, cleared out his/her personal locker, and left the company; thereafter, the employee voluntarily left the company KakaoTalk group chat. Taking these facts together with the contents of the subsequent text messages exchanged between the employer and the employee, the Commission determined that the termination of the employment relationship was based on the employee’s voluntary intent. As there was no unilateral dismissal by the employer, there was no need to further examine the legitimacy of the dismissal or whether to grant the application for an order of monetary compensation.
3. Gist of the Decision
A. Key Points of the Labor Relations Commission’s Decision
After the employment relationship ended, the employee said farewell to colleagues, cleared out his/her personal locker, and left the company; thereafter, the employee voluntarily left the company KakaoTalk group chat. Taking these facts together with the contents of the subsequent text messages exchanged between the employer and the employee, the Commission determined that the termination of the employment relationship was based on the employee’s voluntary intent. As there was no unilateral dismissal by the employer, there was no need to further examine the legitimacy of the dismissal or whether to grant the application for an order of monetary compensation. /
[See More Related Decisions]
- “Unfair Dismissal Decision Related to ‘Expression of Intent to Resign (Resignation Remarks in a Telephone Call)’”
- “Unfair Dismissal Decision Related to ‘Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)’”
- “Unfair Dismissal Decision Related to ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of decision: - Case number: Dismissed
[Tags]
Unfair dismissal, existence of intent to resign (farewell remarks · leaving group chat), 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ You can view the previous article, “Unfair Dismissal Decision Related to ‘Expiration of Exclusion Period (Application Filed After 3 Months)’,” in a new window.
※ The list of decisions related to the existence of intent to resign (farewell remarks · leaving group chat) can be viewed together in the “List of Decisions Related to the Existence of Intent to Resign (Farewell Remarks · Leaving Group Chat).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of the “existence of intent to resign (farewell remarks · leaving a group chat).”
Decision body: Gyeongbuk Regional Labor Relations Commission 2026Buhae303 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026-06-01 · Case result: Dismissed
Summary of key issue: After the employment relationship ended, the employee said farewell to colleagues, cleared out his/her personal locker, and left the company; thereafter, the employee voluntarily left the company KakaoTalk group chat. Taking these facts together with the subsequent text messages exchanged between the employer and the employee, the Commission found that the termination of the employment relationship was based on the employee’s voluntary intent.
---
1. Legal Implications
Ⅰ. Case Overview
In this case, after the employment relationship with the company ended, the employee filed an application with the Labor Relations Commission seeking a remedy for unfair dismissal. The Gyeongbuk Regional Labor Relations Commission dismissed the application. The Commission found that the employee had said farewell to colleagues upon leaving, cleared out his/her personal locker, voluntarily left the company KakaoTalk group chat, and, in light of the contents of the subsequent text messages exchanged with the employer, the termination of the employment relationship should be regarded as a voluntary resignation by the employee. Accordingly, the Commission did not recognize the termination as an unfair dismissal.
Ⅱ. Summary of Issues
The issue in this case is whether, in circumstances where the employee engaged in conduct outwardly indicative of resignation—such as saying farewell upon leaving, clearing out a locker, and voluntarily leaving the company KakaoTalk group chat—the termination of the employment relationship should be viewed as an employer’s unilateral unfair dismissal, or as the employee’s voluntary resignation or a termination by mutual agreement.
Ⅲ. Key Points of the Labor Relations Commission’s Decision
The panel in this case noted that the employee said farewell upon leaving, cleared out his/her personal locker, and then left the company of his/her own accord; that the employee subsequently voluntarily left the company KakaoTalk group chat; and that, viewed as a whole, the text messages exchanged between the employer and the employee showed that the employee clearly expressed an intent to terminate the employment relationship on his/her own initiative.
On this basis, the Commission held that the cause of the termination of the employment relationship was not a unilateral dismissal by the employer, but rather the employee’s voluntary resignation. Therefore, as there was no unilateral manifestation of intent by the employer constituting a “dismissal” under the Labor Standards Act, the Commission found no need to further examine the legitimacy of the dismissal or whether to grant the application for an order of monetary compensation (order to pay wages equivalent to the period of unemployment in the event of unfair dismissal), and dismissed the application for a remedy for unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Where an employee, after making farewell remarks, clearing out personal belongings, and leaving a group chat—i.e., after engaging in outward “resignation-like” conduct—later claims unfair dismissal, the Labor Relations Commission may evaluate such circumstances as evidence of the employee’s voluntary intent to resign. If the employee’s choice to leave was effectively compelled by the employer’s pressure or coercion, it is important to secure in advance materials—such as emails, text messages, or audio recordings—showing that the employee’s true intent was not to be dismissed.
Ⅴ. Practical Points (From the Employer’s Perspective)
To prevent the legal characterization of the termination of an employment relationship from escalating into an unfair dismissal dispute, where an employee wishes to resign voluntarily, the company should, as far as possible, retain a written resignation letter or other materials clearly evidencing the employee’s intent to resign. Rather than processing the matter based solely on an oral statement of intent to resign, if the company manages the process so that the employee’s voluntary intent is clearly reflected in a written confirmation setting out the circumstances of resignation, desired date of departure, and reason for resignation, or in text messages or emails, this will assist in discharging the burden of proof regarding the cause of termination before the Labor Relations Commission or the courts.
2. Matters Decided
A. Case Overview and Procedural History
After the employment relationship ended, the employee said farewell to colleagues, cleared out his/her personal locker, and left the company; thereafter, the employee voluntarily left the company KakaoTalk group chat. Taking these facts together with the contents of the subsequent text messages exchanged between the employer and the employee, the Commission determined that the termination of the employment relationship was based on the employee’s voluntary intent. As there was no unilateral dismissal by the employer, there was no need to further examine the legitimacy of the dismissal or whether to grant the application for an order of monetary compensation.
3. Gist of the Decision
A. Key Points of the Labor Relations Commission’s Decision
After the employment relationship ended, the employee said farewell to colleagues, cleared out his/her personal locker, and left the company; thereafter, the employee voluntarily left the company KakaoTalk group chat. Taking these facts together with the contents of the subsequent text messages exchanged between the employer and the employee, the Commission determined that the termination of the employment relationship was based on the employee’s voluntary intent. As there was no unilateral dismissal by the employer, there was no need to further examine the legitimacy of the dismissal or whether to grant the application for an order of monetary compensation. /
[See More Related Decisions]
- “Unfair Dismissal Decision Related to ‘Expression of Intent to Resign (Resignation Remarks in a Telephone Call)’”
- “Unfair Dismissal Decision Related to ‘Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)’”
- “Unfair Dismissal Decision Related to ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of decision: - Case number: Dismissed
[Tags]
Unfair dismissal, existence of intent to resign (farewell remarks · leaving group chat), 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ You can view the previous article, “Unfair Dismissal Decision Related to ‘Expiration of Exclusion Period (Application Filed After 3 Months)’,” in a new window.
※ The list of decisions related to the existence of intent to resign (farewell remarks · leaving group chat) can be viewed together in the “List of Decisions Related to the Existence of Intent to Resign (Farewell Remarks · Leaving Group Chat).”
※ Korean version of this case: Korean article
