Corporate trends / Performance record
Determination on Unfair Dismissal Relating to the “Genuineness of a Resignation Letter (Change from Contract Expiry to Voluntary Redundancy)” (Unfair Dismissal 569)
- Date2026/07/24 04:16
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This case concerns a decision in which the employer prevailed (application dismissed) on the issue of the “genuineness of a resignation letter (change from contract expiry to voluntary redundancy).”
Adjudicating body: Gyeongbuk Regional Labor Relations Commission 2026Buhae360 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026-05-22 · Case outcome: Dismissed
Key issue summary: ① In 2025, the employee stated “contract expiry” as the reason for resignation in the resignation letter.
1. Legal Implications
Ⅰ. Case Overview
In this application for remedy for unfair dismissal, the employee argued before the Labor Relations Commission that the resignation letter submitted to the employer did not reflect a genuine intention to resign and in substance amounted to a dismissal. The Gyeongbuk Regional Labor Relations Commission examined whether the termination of the employment relationship constituted a dismissal, taking into account the circumstances under which the employee initially submitted a resignation letter stating “contract expiry” as the reason, and later submitted a revised resignation letter changing the reason to “voluntary redundancy” in order to receive unemployment benefits, as well as the surrounding factual context at the time.
Ⅱ. Summary of Issues
The issue in this case is whether the termination of the employment relationship can be regarded as an unfair dismissal where the employee voluntarily drafted and submitted resignation letters stating “contract expiry” and later “voluntary redundancy,” without coercion or deceit.
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The adjudicating panel found that: the employee personally drafted and submitted to the employer a resignation letter dated 31 December 2025; both parties acknowledged that the reason for resignation stated in that letter was “contract expiry”; and it was difficult to find that there was any coercion or pressure from the employer in the process by which the employee, for the purpose of receiving unemployment benefits, changed the reason for resignation to “voluntary redundancy” and resubmitted the resignation letter.
In light of these circumstances, the Commission held that it was difficult to regard the submission of the resignation letter as a declaration of intent not reflecting the employee’s true intention and therefore void, and that there were insufficient grounds to evaluate the termination as a dismissal based on the employer’s unilateral intent.
The Commission therefore determined that no dismissal had in fact occurred, and that the employment relationship was terminated by resignation pursuant to the resignation letter submitted by the employee. Accordingly, the case did not constitute an unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even where an employee handwrites and submits a resignation letter and later changes the stated reason for resignation (for example, to receive unemployment benefits), if there was no coercion, threat, or deceit at any stage of the process, the Labor Relations Commission is likely to view the termination as a voluntary resignation rather than a dismissal. If your intention to resign differs from what is stated, or if you change your mind, you should request withdrawal of your resignation in a clear manner (in writing, by email, etc.) before the employer accepts it or before the termination takes effect under Article 660 of the Civil Act.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s standpoint, if employees are pressed to submit resignation letters as a means of avoiding restructuring or collective redundancies, there is a significant risk that such resignations will be characterized as coerced and later overturned as unfair dismissals. Conversely, even in cases like this one, where the employee voluntarily drafts and submits a resignation letter, employers should maintain HR and labor-management systems that preserve evidence of the voluntary and genuine nature of the resignation—such as records of how the letter was prepared, the content of discussions, and the process of changing the stated reason for resignation—through emails, interview notes, and similar documentation.
Because the boundary between unfair dismissal and resignation/termination by mutual agreement is often fiercely contested in actual cases, it is advisable, when similar issues arise, to consult early with experts such as Labor Law Firm Law& to organize the facts and develop a strategy for securing evidence.
2. Matters Determined
A. Case Overview and Procedural History
Taking into account: ① that both parties acknowledge the fact that the employee personally drafted and submitted to the employer a resignation letter dated 31 December 2025 stating “contract expiry” as the reason for resignation; and ② that, in the process by which the employee, for the purpose of receiving unemployment benefits, changed the reason in the resignation letter from “contract expiry” to “voluntary redundancy” and resubmitted it to the employer, it does not appear that the resignation letter was submitted under coercion or pressure; the Commission concluded that the employment relationship was terminated pursuant to the resignation letter submitted by the employee and that there was no dismissal.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Taking into account: ① that both parties acknowledge the fact that the employee personally drafted and submitted to the employer a resignation letter dated 31 December 2025 stating “contract expiry” as the reason for resignation; and ② that, in the process by which the employee, for the purpose of receiving unemployment benefits, changed the reason in the resignation letter from “contract expiry” to “voluntary redundancy” and resubmitted it to the employer, it does not appear that the resignation letter was submitted under coercion or pressure; the Commission concluded that the employment relationship was terminated pursuant to the resignation letter submitted by the employee and that there was no dismissal. /
[See More Related Decisions]
- “Unfair Dismissal Decision Relating to Expression of Intention to Resign (Resignation Remark During Telephone Call)”
- “Unfair Dismissal Decision Relating to Dismissal of Application (Non-Appearance at Hearing)” – Decision date: – Case number: Application dismissed
- “Unfair Dismissal Decision Relating to Non-Formation of Employment Offer (Absence of Offer Letter)” – Decision date: – Case number: Initial decision upheld
[Tags]
Unfair dismissal, genuineness of resignation letter (change from contract expiry to voluntary redundancy), 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&.
※ You can view the previous article, “Unfair Dismissal Decision Relating to Personnel Order (Demotion and Transfer),” in a new window.
※ A list of decisions relating to the genuineness of resignation letters (change from contract expiry to voluntary redundancy) can be found in the “Genuineness of Resignation Letter (Change from Contract Expiry to Voluntary Redundancy) Decisions List.”
※ Korean version of this case: Korean article
Adjudicating body: Gyeongbuk Regional Labor Relations Commission 2026Buhae360 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026-05-22 · Case outcome: Dismissed
Key issue summary: ① In 2025, the employee stated “contract expiry” as the reason for resignation in the resignation letter.
1. Legal Implications
Ⅰ. Case Overview
In this application for remedy for unfair dismissal, the employee argued before the Labor Relations Commission that the resignation letter submitted to the employer did not reflect a genuine intention to resign and in substance amounted to a dismissal. The Gyeongbuk Regional Labor Relations Commission examined whether the termination of the employment relationship constituted a dismissal, taking into account the circumstances under which the employee initially submitted a resignation letter stating “contract expiry” as the reason, and later submitted a revised resignation letter changing the reason to “voluntary redundancy” in order to receive unemployment benefits, as well as the surrounding factual context at the time.
Ⅱ. Summary of Issues
The issue in this case is whether the termination of the employment relationship can be regarded as an unfair dismissal where the employee voluntarily drafted and submitted resignation letters stating “contract expiry” and later “voluntary redundancy,” without coercion or deceit.
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The adjudicating panel found that: the employee personally drafted and submitted to the employer a resignation letter dated 31 December 2025; both parties acknowledged that the reason for resignation stated in that letter was “contract expiry”; and it was difficult to find that there was any coercion or pressure from the employer in the process by which the employee, for the purpose of receiving unemployment benefits, changed the reason for resignation to “voluntary redundancy” and resubmitted the resignation letter.
In light of these circumstances, the Commission held that it was difficult to regard the submission of the resignation letter as a declaration of intent not reflecting the employee’s true intention and therefore void, and that there were insufficient grounds to evaluate the termination as a dismissal based on the employer’s unilateral intent.
The Commission therefore determined that no dismissal had in fact occurred, and that the employment relationship was terminated by resignation pursuant to the resignation letter submitted by the employee. Accordingly, the case did not constitute an unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even where an employee handwrites and submits a resignation letter and later changes the stated reason for resignation (for example, to receive unemployment benefits), if there was no coercion, threat, or deceit at any stage of the process, the Labor Relations Commission is likely to view the termination as a voluntary resignation rather than a dismissal. If your intention to resign differs from what is stated, or if you change your mind, you should request withdrawal of your resignation in a clear manner (in writing, by email, etc.) before the employer accepts it or before the termination takes effect under Article 660 of the Civil Act.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s standpoint, if employees are pressed to submit resignation letters as a means of avoiding restructuring or collective redundancies, there is a significant risk that such resignations will be characterized as coerced and later overturned as unfair dismissals. Conversely, even in cases like this one, where the employee voluntarily drafts and submits a resignation letter, employers should maintain HR and labor-management systems that preserve evidence of the voluntary and genuine nature of the resignation—such as records of how the letter was prepared, the content of discussions, and the process of changing the stated reason for resignation—through emails, interview notes, and similar documentation.
Because the boundary between unfair dismissal and resignation/termination by mutual agreement is often fiercely contested in actual cases, it is advisable, when similar issues arise, to consult early with experts such as Labor Law Firm Law& to organize the facts and develop a strategy for securing evidence.
2. Matters Determined
A. Case Overview and Procedural History
Taking into account: ① that both parties acknowledge the fact that the employee personally drafted and submitted to the employer a resignation letter dated 31 December 2025 stating “contract expiry” as the reason for resignation; and ② that, in the process by which the employee, for the purpose of receiving unemployment benefits, changed the reason in the resignation letter from “contract expiry” to “voluntary redundancy” and resubmitted it to the employer, it does not appear that the resignation letter was submitted under coercion or pressure; the Commission concluded that the employment relationship was terminated pursuant to the resignation letter submitted by the employee and that there was no dismissal.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Taking into account: ① that both parties acknowledge the fact that the employee personally drafted and submitted to the employer a resignation letter dated 31 December 2025 stating “contract expiry” as the reason for resignation; and ② that, in the process by which the employee, for the purpose of receiving unemployment benefits, changed the reason in the resignation letter from “contract expiry” to “voluntary redundancy” and resubmitted it to the employer, it does not appear that the resignation letter was submitted under coercion or pressure; the Commission concluded that the employment relationship was terminated pursuant to the resignation letter submitted by the employee and that there was no dismissal. /
[See More Related Decisions]
- “Unfair Dismissal Decision Relating to Expression of Intention to Resign (Resignation Remark During Telephone Call)”
- “Unfair Dismissal Decision Relating to Dismissal of Application (Non-Appearance at Hearing)” – Decision date: – Case number: Application dismissed
- “Unfair Dismissal Decision Relating to Non-Formation of Employment Offer (Absence of Offer Letter)” – Decision date: – Case number: Initial decision upheld
[Tags]
Unfair dismissal, genuineness of resignation letter (change from contract expiry to voluntary redundancy), 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&.
※ You can view the previous article, “Unfair Dismissal Decision Relating to Personnel Order (Demotion and Transfer),” in a new window.
※ A list of decisions relating to the genuineness of resignation letters (change from contract expiry to voluntary redundancy) can be found in the “Genuineness of Resignation Letter (Change from Contract Expiry to Voluntary Redundancy) Decisions List.”
※ Korean version of this case: Korean article
