Corporate trends / Performance record
‘Voluntary Discontinuation of Participation (Intellectual Disability – General-Type Job)’ Unfair Dismissal Decision (Unfair Dismissal 629)
- Date2026/08/16 04:15
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This case concerns a decision in which the employer ultimately prevailed (application dismissed) on the issue of “voluntary discontinuation of participation (intellectual disability – general-type job).”
Adjudicating Body: Gyeonggi Regional Labor Relations Commission
Case No. 2026부해1598 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026-07-07 · Outcome: Dismissed
Summary of key issues: Under the “Guidelines for the Disability Employment Project,” an employer may have a worker participate in, or discontinue participation in, a general-type job based on the worker’s voluntary intent, regardless of whether the guardian consents. The worker, according to phone records with an investigator from a disability rights advocacy agency and testimony at the hearing, consistently stated that he would rather attend an academy and become a barista than continue working. In light of the worker’s statements to the employer regarding discontinuation of participation, and other related circumstances…
1. Legal Implications
Ⅰ. Case Overview
In this case, a worker with an intellectual disability participated in a general-type job under the disability employment project. When the employer discontinued the worker’s participation based on the worker’s expressed wishes, the worker’s side claimed unfair dismissal and filed an application for remedy with the Labor Relations Commission. The Gyeonggi Regional Labor Relations Commission, relying on the “Guidelines for the Disability Employment Project” and the actual statements made, examined whether this measure constituted unfair dismissal and ultimately dismissed the application.
Ⅱ. Summary of Issues
The issue in this case is:
“Where a worker with an intellectual disability expresses an intention to discontinue participation in a general-type job on his own, does the employer’s measure to discontinue participation constitute unfair dismissal even if the guardian (parent) has not consented?”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case found that, under the “Guidelines for the Disability Employment Project,” an employer may decide on a worker’s participation in, or discontinuation of participation in, a general-type job based on the worker’s voluntary intent, irrespective of whether the guardian consents. The worker, in phone calls with an investigator from a disability rights advocacy agency and in testimony at the hearing, consistently stated that he wanted to attend an academy and become a barista rather than continue working. The fact that he did not consult his father regarding his intention to discontinue participation appears to have been out of consideration not to disappoint his father, who wanted him to continue working, and it is difficult to view this as contradicting the worker’s true intent. In light of these circumstances, the Commission determined that the discontinuation of participation in this case was based on the worker’s voluntary intent and could not readily be regarded as a unilateral unfair dismissal by the employer.
The Commission held that the termination measure in this case did not constitute unfair dismissal.
Ⅳ. Practical Points (From the Worker’s Perspective)
From the worker’s perspective, where a separate project guideline applies, such as in disability employment projects, an expression of intent to “discontinue participation” may directly lead to the termination of the employment relationship. In particular, if, contrary to the expectations of a guardian or legal representative, the worker genuinely wishes to leave the job and pursue another path (e.g., attending an academy, obtaining a qualification), it is advisable—so as to avoid future disputes—to carefully consider one’s intentions and leave a consistent record of them, such as through recordings or written statements.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the employer’s perspective, when terminating an employment relationship based on a disabled worker’s voluntary intention to discontinue participation, it is important not to rely solely on oral statements. The employer should objectively secure evidence of the worker’s true intent through counseling records, call logs, written statements, and similar materials. In addition, even if related guidelines such as the “Guidelines for the Disability Employment Project” do not make guardian consent a mandatory requirement, it is helpful for dispute prevention to communicate with and explain matters to the guardian where possible, thereby making it clear that the worker’s choice was fully understood and respected.
To prevail in this type of case, it is important to be well-versed in the legal principles distinguishing unfair dismissal from resignation/discontinuation of participation and to systematically organize specific facts and evidence supporting the existence of the worker’s voluntary expression of intent.
2. Matters Adjudicated
A. Case Overview and Procedural History
Under the “Guidelines for the Disability Employment Project,” an employer may have a worker participate in, or discontinue participation in, a general-type job based on the worker’s voluntary intent, regardless of whether the guardian consents. According to the phone records between the worker and an investigator from a disability rights advocacy agency and the testimony at the hearing, the worker consistently stated that he wanted to attend an academy and become a barista rather than continue working. With respect to the worker’s expression to the employer of his intention to discontinue participation, the fact that the worker did not consult his father appears to stem from his consideration not to disappoint his father, who wanted him to continue working, and so on…
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Under the “Guidelines for the Disability Employment Project,” an employer may have a worker participate in, or discontinue participation in, a general-type job based on the worker’s voluntary intent, regardless of whether the guardian consents. According to the phone records between the worker and an investigator from a disability rights advocacy agency and the testimony at the hearing, the worker consistently stated that he wanted to attend an academy and become a barista rather than continue working. With respect to the worker’s expression to the employer of his intention to discontinue participation, the fact that the worker did not consult his father appears to stem from his consideration not to disappoint his father, who wanted him to continue working, and so on… /
[Further Related Decisions]
- ‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’ Unfair Dismissal Decision
- ‘Failure to Meet Requirements for Redundancy Dismissal (Workout Company)’ Unfair Dismissal Decision
- ‘Dismissal (Non-Appearance at Hearing)’ Unfair Dismissal Decision – Decision date: – Case No.: Dismissed
[Tags]
Unfair dismissal, voluntary discontinuation of participation (intellectual disability – general-type job), 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, “‘Non-Existence of Expectation of Renewal (Initial Short-Term Contract)’ Unfair Dismissal Decision,” in a new window.
※ A list of decisions related to voluntary discontinuation of participation (intellectual disability – general-type job) can be viewed together on the “List of Decisions Related to Voluntary Discontinuation of Participation (Intellectual Disability – General-Type Job)” page.
※ Korean version of this case: Korean article
Adjudicating Body: Gyeonggi Regional Labor Relations Commission
Case No. 2026부해1598 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026-07-07 · Outcome: Dismissed
Summary of key issues: Under the “Guidelines for the Disability Employment Project,” an employer may have a worker participate in, or discontinue participation in, a general-type job based on the worker’s voluntary intent, regardless of whether the guardian consents. The worker, according to phone records with an investigator from a disability rights advocacy agency and testimony at the hearing, consistently stated that he would rather attend an academy and become a barista than continue working. In light of the worker’s statements to the employer regarding discontinuation of participation, and other related circumstances…
1. Legal Implications
Ⅰ. Case Overview
In this case, a worker with an intellectual disability participated in a general-type job under the disability employment project. When the employer discontinued the worker’s participation based on the worker’s expressed wishes, the worker’s side claimed unfair dismissal and filed an application for remedy with the Labor Relations Commission. The Gyeonggi Regional Labor Relations Commission, relying on the “Guidelines for the Disability Employment Project” and the actual statements made, examined whether this measure constituted unfair dismissal and ultimately dismissed the application.
Ⅱ. Summary of Issues
The issue in this case is:
“Where a worker with an intellectual disability expresses an intention to discontinue participation in a general-type job on his own, does the employer’s measure to discontinue participation constitute unfair dismissal even if the guardian (parent) has not consented?”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case found that, under the “Guidelines for the Disability Employment Project,” an employer may decide on a worker’s participation in, or discontinuation of participation in, a general-type job based on the worker’s voluntary intent, irrespective of whether the guardian consents. The worker, in phone calls with an investigator from a disability rights advocacy agency and in testimony at the hearing, consistently stated that he wanted to attend an academy and become a barista rather than continue working. The fact that he did not consult his father regarding his intention to discontinue participation appears to have been out of consideration not to disappoint his father, who wanted him to continue working, and it is difficult to view this as contradicting the worker’s true intent. In light of these circumstances, the Commission determined that the discontinuation of participation in this case was based on the worker’s voluntary intent and could not readily be regarded as a unilateral unfair dismissal by the employer.
The Commission held that the termination measure in this case did not constitute unfair dismissal.
Ⅳ. Practical Points (From the Worker’s Perspective)
From the worker’s perspective, where a separate project guideline applies, such as in disability employment projects, an expression of intent to “discontinue participation” may directly lead to the termination of the employment relationship. In particular, if, contrary to the expectations of a guardian or legal representative, the worker genuinely wishes to leave the job and pursue another path (e.g., attending an academy, obtaining a qualification), it is advisable—so as to avoid future disputes—to carefully consider one’s intentions and leave a consistent record of them, such as through recordings or written statements.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the employer’s perspective, when terminating an employment relationship based on a disabled worker’s voluntary intention to discontinue participation, it is important not to rely solely on oral statements. The employer should objectively secure evidence of the worker’s true intent through counseling records, call logs, written statements, and similar materials. In addition, even if related guidelines such as the “Guidelines for the Disability Employment Project” do not make guardian consent a mandatory requirement, it is helpful for dispute prevention to communicate with and explain matters to the guardian where possible, thereby making it clear that the worker’s choice was fully understood and respected.
To prevail in this type of case, it is important to be well-versed in the legal principles distinguishing unfair dismissal from resignation/discontinuation of participation and to systematically organize specific facts and evidence supporting the existence of the worker’s voluntary expression of intent.
2. Matters Adjudicated
A. Case Overview and Procedural History
Under the “Guidelines for the Disability Employment Project,” an employer may have a worker participate in, or discontinue participation in, a general-type job based on the worker’s voluntary intent, regardless of whether the guardian consents. According to the phone records between the worker and an investigator from a disability rights advocacy agency and the testimony at the hearing, the worker consistently stated that he wanted to attend an academy and become a barista rather than continue working. With respect to the worker’s expression to the employer of his intention to discontinue participation, the fact that the worker did not consult his father appears to stem from his consideration not to disappoint his father, who wanted him to continue working, and so on…
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Under the “Guidelines for the Disability Employment Project,” an employer may have a worker participate in, or discontinue participation in, a general-type job based on the worker’s voluntary intent, regardless of whether the guardian consents. According to the phone records between the worker and an investigator from a disability rights advocacy agency and the testimony at the hearing, the worker consistently stated that he wanted to attend an academy and become a barista rather than continue working. With respect to the worker’s expression to the employer of his intention to discontinue participation, the fact that the worker did not consult his father appears to stem from his consideration not to disappoint his father, who wanted him to continue working, and so on… /
[Further Related Decisions]
- ‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’ Unfair Dismissal Decision
- ‘Failure to Meet Requirements for Redundancy Dismissal (Workout Company)’ Unfair Dismissal Decision
- ‘Dismissal (Non-Appearance at Hearing)’ Unfair Dismissal Decision – Decision date: – Case No.: Dismissed
[Tags]
Unfair dismissal, voluntary discontinuation of participation (intellectual disability – general-type job), 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, “‘Non-Existence of Expectation of Renewal (Initial Short-Term Contract)’ Unfair Dismissal Decision,” in a new window.
※ A list of decisions related to voluntary discontinuation of participation (intellectual disability – general-type job) can be viewed together on the “List of Decisions Related to Voluntary Discontinuation of Participation (Intellectual Disability – General-Type Job)” page.
※ Korean version of this case: Korean article
