Corporate trends / Performance record
Withdrawal of Resignation Intention (Electronic Approval Resignation Letter) – Unfair Dismissal Decision (Unfair Dismissal 539)
- Date2026/07/13 04:10
- Read 16
This case concerns an unfair dismissal decision on the issue of “withdrawal of resignation intention (electronic approval resignation letter),” in which the employer ultimately prevailed (application dismissed).
[Case Information]
This case is an unfair dismissal decision on the issue of “withdrawal of resignation intention (electronic approval resignation letter),” which concluded with a ruling in favor of the employer (dismissal of the application).
Decision Committee: Ulsan Regional Labor Relations Commission 2026Buhae127 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026-05-29 · Case Result: Dismissed
Key issue summary: … It was difficult to view the employee’s preparation and submission of a resignation letter through the electronic approval system as having been forced or coerced; the document was clearly titled “Resignation Letter” in its form; the annual leave application submitted together with the resignation letter stated “use of annual leave due to resignation,” indicating that the employee already recognized that preparing a resignation letter in the electronic approval system could effect a resignation; once the expression of intent to resign reached the employer, …
1. Legal Implications
Ⅰ. Case Overview
In this unfair dismissal case, the employee submitted a resignation letter through the company’s electronic approval system and subsequently filed an application for remedy for unfair dismissal with the Labor Relations Commission. The Ulsan Regional Labor Relations Commission ruled in favor of the employer. The Commission’s decision is a typical example of resignation/dismissal disputes frequently handled by Labor Law Firm Law&, and it focused on the relationship between the claim of unfair dismissal and the legal effect of the resignation.
Ⅱ. Issues in Dispute
The issue in this case was whether “a resignation letter submitted through an electronic approval system reflected the employee’s genuine intention to resign, and whether, once the expression of intent to resign had reached the employer, the employee could unilaterally withdraw that intention.”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The decision panel found that it was difficult to regard the employee’s preparation and submission of the resignation letter through the electronic approval system as having been forced or coerced. The electronic approval document was clearly titled “Resignation Letter,” and the annual leave application submitted at the same time stated, in the employee’s own words, “use of annual leave due to resignation.” In light of these circumstances, the panel determined that the employee already recognized that preparing a resignation letter in the electronic approval system could terminate the employment relationship.
Furthermore, once the expression of intent to resign had reached the employer, the resignation in this case was deemed to constitute a notice of termination (notice of cancellation) under the Civil Act. Accordingly, the employee could not unilaterally withdraw that expression of intent to resign without the employer’s consent.
Ultimately, the panel held that no “dismissal” existed in this case and that the employment relationship had ended due to the employee’s voluntary resignation. The application for remedy for unfair dismissal was therefore dismissed, and it was determined that the employment relationship no longer existed.
Ⅳ. Practical Points (From the Employee’s Perspective)
From the employee’s standpoint, it must be recognized with great caution that, even when using an electronic approval system, submitting a document titled “Resignation Letter” will generally produce the legal effect of resignation as a notice of termination. In particular, if you leave wording that presupposes resignation—such as “use of annual leave due to resignation” on an annual leave application—it can become significantly more difficult later to argue that the resignation was “coerced” or that the expression of intent did not reflect your true intention.
Also, once the expression of intent to resign has reached the employer, it is, in principle, impossible to withdraw it without the employer’s consent. Submitting a resignation letter in the heat of the moment and then later changing your mind is therefore a very risky course of action.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s perspective, to prevent unfair dismissal disputes it is advisable to clarify the resignation form and approval process within the electronic approval system and to establish procedures to reconfirm the employee’s intention before and after the submission of a resignation. In particular, where resignations or voluntary retirements are being encouraged in the context of redundancy or restructuring, if there is room for the situation to be evaluated as involving coercion, threats, or excessive pressure, it may be deemed a de facto dismissal. Employers should therefore manage and preserve objective evidence of the circumstances surrounding the submission of the resignation letter and the content of any related conversations.
The Labor Relations Commission determines whether there was a “genuine intention to resign” by comprehensively considering the form of the resignation letter, its contents, the circumstances of its preparation and submission, and the parties’ subsequent conduct. Accordingly, companies should systematically retain materials that support the position that the resignation was a voluntary choice and not the result of coercion.
(ⓒ2026 copyright. Labor Consultant Youngseop Moon, Labor Law Firm Law&)
2. Matters Decided
a. Case Overview and Procedural History
… Considering that it is difficult to regard the employee’s preparation and submission of a resignation letter through the electronic approval system as having been forced or coerced; that the document was titled “Resignation Letter” in its form; that the annual leave application prepared together with the resignation letter stated “use of annual leave due to resignation”; that the employee appears to have already recognized that preparing a resignation letter in the electronic approval system could result in resignation; and that, once the expression of intent to resign had reached the employer, the employee could not withdraw that expression of intent without the employer’s consent, the employment relationship in this case is deemed not to exist.
3. Summary of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
… Considering that it is difficult to regard the employee’s preparation and submission of a resignation letter through the electronic approval system as having been forced or coerced; that the document was titled “Resignation Letter” in its form; that the annual leave application prepared together with the resignation letter stated “use of annual leave due to resignation”; that the employee appears to have already recognized that preparing a resignation letter in the electronic approval system could result in resignation; and that, once the expression of intent to resign had reached the employer, the employee could not withdraw that expression of intent without the employer’s consent, the employment relationship in this case is deemed not to exist. /
[More Related Decisions]
- “Expression of Intention to Resign (Resignation Remark Made by Telephone)” – Unfair Dismissal Decision
- “Non-Formation of Hiring Commitment (Absence of Offer Letter)” – Unfair Dismissal Decision – Date of Decision: – Case Result: First-Instance Decision Upheld
- “Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)” – Unfair Dismissal Decision
[Tags]
Unfair dismissal, withdrawal of resignation intention (electronic approval 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ The previous article, “Unfair Dismissal Decision on ‘Disciplinary Severity and Procedural Defects (221 Instances of Tardiness)’,” can be viewed in a new window.
※ The list of decisions related to withdrawal of resignation intention (electronic approval resignation letter) can be found under “List of Decisions Related to Withdrawal of Resignation Intention (Electronic Approval Resignation Letter).”
※ Korean version of this case: Korean article
[Case Information]
This case is an unfair dismissal decision on the issue of “withdrawal of resignation intention (electronic approval resignation letter),” which concluded with a ruling in favor of the employer (dismissal of the application).
Decision Committee: Ulsan Regional Labor Relations Commission 2026Buhae127 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026-05-29 · Case Result: Dismissed
Key issue summary: … It was difficult to view the employee’s preparation and submission of a resignation letter through the electronic approval system as having been forced or coerced; the document was clearly titled “Resignation Letter” in its form; the annual leave application submitted together with the resignation letter stated “use of annual leave due to resignation,” indicating that the employee already recognized that preparing a resignation letter in the electronic approval system could effect a resignation; once the expression of intent to resign reached the employer, …
1. Legal Implications
Ⅰ. Case Overview
In this unfair dismissal case, the employee submitted a resignation letter through the company’s electronic approval system and subsequently filed an application for remedy for unfair dismissal with the Labor Relations Commission. The Ulsan Regional Labor Relations Commission ruled in favor of the employer. The Commission’s decision is a typical example of resignation/dismissal disputes frequently handled by Labor Law Firm Law&, and it focused on the relationship between the claim of unfair dismissal and the legal effect of the resignation.
Ⅱ. Issues in Dispute
The issue in this case was whether “a resignation letter submitted through an electronic approval system reflected the employee’s genuine intention to resign, and whether, once the expression of intent to resign had reached the employer, the employee could unilaterally withdraw that intention.”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The decision panel found that it was difficult to regard the employee’s preparation and submission of the resignation letter through the electronic approval system as having been forced or coerced. The electronic approval document was clearly titled “Resignation Letter,” and the annual leave application submitted at the same time stated, in the employee’s own words, “use of annual leave due to resignation.” In light of these circumstances, the panel determined that the employee already recognized that preparing a resignation letter in the electronic approval system could terminate the employment relationship.
Furthermore, once the expression of intent to resign had reached the employer, the resignation in this case was deemed to constitute a notice of termination (notice of cancellation) under the Civil Act. Accordingly, the employee could not unilaterally withdraw that expression of intent to resign without the employer’s consent.
Ultimately, the panel held that no “dismissal” existed in this case and that the employment relationship had ended due to the employee’s voluntary resignation. The application for remedy for unfair dismissal was therefore dismissed, and it was determined that the employment relationship no longer existed.
Ⅳ. Practical Points (From the Employee’s Perspective)
From the employee’s standpoint, it must be recognized with great caution that, even when using an electronic approval system, submitting a document titled “Resignation Letter” will generally produce the legal effect of resignation as a notice of termination. In particular, if you leave wording that presupposes resignation—such as “use of annual leave due to resignation” on an annual leave application—it can become significantly more difficult later to argue that the resignation was “coerced” or that the expression of intent did not reflect your true intention.
Also, once the expression of intent to resign has reached the employer, it is, in principle, impossible to withdraw it without the employer’s consent. Submitting a resignation letter in the heat of the moment and then later changing your mind is therefore a very risky course of action.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s perspective, to prevent unfair dismissal disputes it is advisable to clarify the resignation form and approval process within the electronic approval system and to establish procedures to reconfirm the employee’s intention before and after the submission of a resignation. In particular, where resignations or voluntary retirements are being encouraged in the context of redundancy or restructuring, if there is room for the situation to be evaluated as involving coercion, threats, or excessive pressure, it may be deemed a de facto dismissal. Employers should therefore manage and preserve objective evidence of the circumstances surrounding the submission of the resignation letter and the content of any related conversations.
The Labor Relations Commission determines whether there was a “genuine intention to resign” by comprehensively considering the form of the resignation letter, its contents, the circumstances of its preparation and submission, and the parties’ subsequent conduct. Accordingly, companies should systematically retain materials that support the position that the resignation was a voluntary choice and not the result of coercion.
(ⓒ2026 copyright. Labor Consultant Youngseop Moon, Labor Law Firm Law&)
2. Matters Decided
a. Case Overview and Procedural History
… Considering that it is difficult to regard the employee’s preparation and submission of a resignation letter through the electronic approval system as having been forced or coerced; that the document was titled “Resignation Letter” in its form; that the annual leave application prepared together with the resignation letter stated “use of annual leave due to resignation”; that the employee appears to have already recognized that preparing a resignation letter in the electronic approval system could result in resignation; and that, once the expression of intent to resign had reached the employer, the employee could not withdraw that expression of intent without the employer’s consent, the employment relationship in this case is deemed not to exist.
3. Summary of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
… Considering that it is difficult to regard the employee’s preparation and submission of a resignation letter through the electronic approval system as having been forced or coerced; that the document was titled “Resignation Letter” in its form; that the annual leave application prepared together with the resignation letter stated “use of annual leave due to resignation”; that the employee appears to have already recognized that preparing a resignation letter in the electronic approval system could result in resignation; and that, once the expression of intent to resign had reached the employer, the employee could not withdraw that expression of intent without the employer’s consent, the employment relationship in this case is deemed not to exist. /
[More Related Decisions]
- “Expression of Intention to Resign (Resignation Remark Made by Telephone)” – Unfair Dismissal Decision
- “Non-Formation of Hiring Commitment (Absence of Offer Letter)” – Unfair Dismissal Decision – Date of Decision: – Case Result: First-Instance Decision Upheld
- “Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)” – Unfair Dismissal Decision
[Tags]
Unfair dismissal, withdrawal of resignation intention (electronic approval 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ The previous article, “Unfair Dismissal Decision on ‘Disciplinary Severity and Procedural Defects (221 Instances of Tardiness)’,” can be viewed in a new window.
※ The list of decisions related to withdrawal of resignation intention (electronic approval resignation letter) can be found under “List of Decisions Related to Withdrawal of Resignation Intention (Electronic Approval Resignation Letter).”
※ Korean version of this case: Korean article
