Corporate trends / Performance record
Unfair Dismissal Case on “Forced Resignation (Submission of Resignation Letter)” (Unfair Dismissal 593)
- Date2026/08/04 04:06
- Read 12
[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “forced resignation (submission of resignation letter).”
Adjudicating Body: Gyeonggi Regional Labor Relations Commission 2026부해1009 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026-05-20 · Case result: Dismissed
Summary of Key Issues: The employee claimed that they submitted a resignation letter under the employer’s coercion. However, no circumstances were found that would invalidate the declaration of intent to resign. The employer recommended resignation, and the employee accepted this recommendation and submitted a resignation letter, thereby terminating the employment relationship. Accordingly, no dismissal existed. /
1. Legal Implications
Ⅰ. Case Overview
In this case, the employee asserted that they had submitted a resignation letter under the employer’s coercion, claimed unfair dismissal, and filed an application for remedy with the Labor Relations Commission. After examining the circumstances surrounding the resignation and subsequent developments, the Gyeonggi Regional Labor Relations Commission held that the employment contract had been terminated by resignation and that there was no dismissal disposition by the employer that could constitute unfair dismissal. The employee’s application was therefore dismissed.
Through this decision, we will examine the boundary between unfair dismissal and forced resignation, and how the Labor Relations Commission assesses the genuineness of a resignation, and then summarize the legal implications from the practical perspective of Labor Law Firm Law&.
Ⅱ. Issues
The issue in this case is whether “the resignation letter submitted by the employee constituted a declaration of intent that did not reflect the employee’s true intent due to the employer’s coercion or pressure, or whether the employee voluntarily resigned by accepting the employer’s recommendation to resign, and accordingly whether unfair dismissal is established.”
Ⅲ. Summary of the Labor Relations Commission’s Findings
The panel in this case found that the employer “recommended” resignation to the employee, that the employee accepted this recommendation and personally drafted and submitted a resignation letter, and that no special circumstances such as duress or deceit were identified that would render the declaration of intent to resign invalid.
Accordingly, the submission of the resignation letter by the employee had to be regarded as a valid declaration of intent to terminate the employment contract by resignation, and the employment relationship was deemed to have ended when the employer accepted it.
As a result, the panel held that the “dismissal disposition” in this case did not exist from the outset, and dismissed the application for remedy for unfair dismissal on the ground that there was no dismissal that could be the subject of a remedy.
Ⅳ. Practical Points (From the Employee’s Perspective)
If an employee wishes to claim unfair dismissal after submitting a resignation letter, mere feelings of pressure or emotional conflict are insufficient. The employee must prove, through concrete circumstances and evidence, that they lacked a genuine intent to resign due to the employer’s coercion or threats.
It is important to preserve, in as objective a form as possible, the contents of conversations before and after the drafting of the resignation letter, recordings, text or messenger messages, and any circumstances showing statements or inducements pressuring resignation. Rather than emotionally submitting a resignation letter first, it is advisable to consult with experts such as Labor Law Firm Law& and then respond.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
A company may recommend resignation in the course of restructuring or personnel management. However, excessive pressure such as “If you do not submit your resignation letter immediately, you will be dismissed” carries a high risk of being evaluated as forced resignation and should be avoided.
When recommending resignation, the company should clearly explain the course of discussions, whether the employee accepted the recommendation, and the alternative options that were available (transfer, temporary leave, redundancy dismissal, etc.), and should establish procedures so that it is documented that the employee, after a sufficient period for reflection, voluntarily submitted a resignation letter.
It is advisable to obtain advice from external experts such as Labor Law Firm Law& to clearly distinguish between resignation/termination by agreement and dismissal, and to prepare checklists and internal guidelines in advance so that resignation procedures do not later develop into unfair dismissal disputes.
2. Matters Adjudicated
A. Case Overview and Procedural History
The employee claimed that they submitted a resignation letter under the employer’s coercion. However, no circumstances were found that would invalidate the declaration of intent to resign. The employer recommended resignation to the employee, and the employee accepted this and submitted a resignation letter, thereby terminating the employment relationship, so that no dismissal existed.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Findings
The employee claimed that they submitted a resignation letter under the employer’s coercion. However, no circumstances were found that would invalidate the declaration of intent to resign. The employer recommended resignation to the employee, and the employee accepted this and submitted a resignation letter, thereby terminating the employment relationship, so that no dismissal existed. /
[More Related Decisions]
- “Unfair Dismissal Decision on ‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’”
- “Unfair Dismissal Decision on ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of Decision: – Case No.: Dismissed
- “Unfair Dismissal Decision on ‘Non-Formation of Offer of Employment (Absence of Offer Letter)’” – Date of Decision: – Case No.: First-Instance Decision Upheld
[Tags]
Unfair dismissal, forced resignation (submission 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&.
※ You can view the previous article, “Unfair Dismissal Decision on ‘Expectation of Renewal (Avoidance of Conversion to Indefinite-Term Employment)’,” in a new window.
※ The list of decisions related to forced resignation (submission of resignation letter) can be viewed together at “List of Decisions Related to Forced Resignation (Submission of Resignation Letter).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “forced resignation (submission of resignation letter).”
Adjudicating Body: Gyeonggi Regional Labor Relations Commission 2026부해1009 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026-05-20 · Case result: Dismissed
Summary of Key Issues: The employee claimed that they submitted a resignation letter under the employer’s coercion. However, no circumstances were found that would invalidate the declaration of intent to resign. The employer recommended resignation, and the employee accepted this recommendation and submitted a resignation letter, thereby terminating the employment relationship. Accordingly, no dismissal existed. /
1. Legal Implications
Ⅰ. Case Overview
In this case, the employee asserted that they had submitted a resignation letter under the employer’s coercion, claimed unfair dismissal, and filed an application for remedy with the Labor Relations Commission. After examining the circumstances surrounding the resignation and subsequent developments, the Gyeonggi Regional Labor Relations Commission held that the employment contract had been terminated by resignation and that there was no dismissal disposition by the employer that could constitute unfair dismissal. The employee’s application was therefore dismissed.
Through this decision, we will examine the boundary between unfair dismissal and forced resignation, and how the Labor Relations Commission assesses the genuineness of a resignation, and then summarize the legal implications from the practical perspective of Labor Law Firm Law&.
Ⅱ. Issues
The issue in this case is whether “the resignation letter submitted by the employee constituted a declaration of intent that did not reflect the employee’s true intent due to the employer’s coercion or pressure, or whether the employee voluntarily resigned by accepting the employer’s recommendation to resign, and accordingly whether unfair dismissal is established.”
Ⅲ. Summary of the Labor Relations Commission’s Findings
The panel in this case found that the employer “recommended” resignation to the employee, that the employee accepted this recommendation and personally drafted and submitted a resignation letter, and that no special circumstances such as duress or deceit were identified that would render the declaration of intent to resign invalid.
Accordingly, the submission of the resignation letter by the employee had to be regarded as a valid declaration of intent to terminate the employment contract by resignation, and the employment relationship was deemed to have ended when the employer accepted it.
As a result, the panel held that the “dismissal disposition” in this case did not exist from the outset, and dismissed the application for remedy for unfair dismissal on the ground that there was no dismissal that could be the subject of a remedy.
Ⅳ. Practical Points (From the Employee’s Perspective)
If an employee wishes to claim unfair dismissal after submitting a resignation letter, mere feelings of pressure or emotional conflict are insufficient. The employee must prove, through concrete circumstances and evidence, that they lacked a genuine intent to resign due to the employer’s coercion or threats.
It is important to preserve, in as objective a form as possible, the contents of conversations before and after the drafting of the resignation letter, recordings, text or messenger messages, and any circumstances showing statements or inducements pressuring resignation. Rather than emotionally submitting a resignation letter first, it is advisable to consult with experts such as Labor Law Firm Law& and then respond.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
A company may recommend resignation in the course of restructuring or personnel management. However, excessive pressure such as “If you do not submit your resignation letter immediately, you will be dismissed” carries a high risk of being evaluated as forced resignation and should be avoided.
When recommending resignation, the company should clearly explain the course of discussions, whether the employee accepted the recommendation, and the alternative options that were available (transfer, temporary leave, redundancy dismissal, etc.), and should establish procedures so that it is documented that the employee, after a sufficient period for reflection, voluntarily submitted a resignation letter.
It is advisable to obtain advice from external experts such as Labor Law Firm Law& to clearly distinguish between resignation/termination by agreement and dismissal, and to prepare checklists and internal guidelines in advance so that resignation procedures do not later develop into unfair dismissal disputes.
2. Matters Adjudicated
A. Case Overview and Procedural History
The employee claimed that they submitted a resignation letter under the employer’s coercion. However, no circumstances were found that would invalidate the declaration of intent to resign. The employer recommended resignation to the employee, and the employee accepted this and submitted a resignation letter, thereby terminating the employment relationship, so that no dismissal existed.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Findings
The employee claimed that they submitted a resignation letter under the employer’s coercion. However, no circumstances were found that would invalidate the declaration of intent to resign. The employer recommended resignation to the employee, and the employee accepted this and submitted a resignation letter, thereby terminating the employment relationship, so that no dismissal existed. /
[More Related Decisions]
- “Unfair Dismissal Decision on ‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’”
- “Unfair Dismissal Decision on ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of Decision: – Case No.: Dismissed
- “Unfair Dismissal Decision on ‘Non-Formation of Offer of Employment (Absence of Offer Letter)’” – Date of Decision: – Case No.: First-Instance Decision Upheld
[Tags]
Unfair dismissal, forced resignation (submission 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&.
※ You can view the previous article, “Unfair Dismissal Decision on ‘Expectation of Renewal (Avoidance of Conversion to Indefinite-Term Employment)’,” in a new window.
※ The list of decisions related to forced resignation (submission of resignation letter) can be viewed together at “List of Decisions Related to Forced Resignation (Submission of Resignation Letter).”
※ Korean version of this case: Korean article
