[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “expression of intent to resign (conditional notice by text message).” Decision date: 2026-06-26 · Labor Relations Commission: Incheon Regional Labor Relations Commission · Case No.: 2026Buhae522 Key issue summary: The employee, on several occasions in the presence of the de facto manager, stated in substance, “If you don’t fire the other employees, I will quit.” 1. Legal Implications This unfair dismissal case was contested before the Incheon Regional Labor Relations Commission, which, after comprehensively considering the employee’s statements and subsequent developments, viewed the employer’s action not as a dismissal but as acceptance of the employee’s resignation. In particular, the Commission placed weight on the fact that the employee repeatedly expressed a conditional intent to resign, thereby reaffirming the criteria for distinguishing “resignation vs. dismissal,” an issue that frequently arises in the practice of Labor Law Firm Law&. Ⅰ. Case Overview The employee was suspected of having made, on multiple occasions in the presence of the de facto manager, statements to the effect that “If you don’t fire the other employees, I will quit,” and “I can’t do this job,” which the employer understood as a conditional expression of intent to resign. Later, when the employee suddenly requested a day off on a date on which another employee had already been scheduled to be off, the de facto manager sent a text message stating, “You seem to be cut from a different cloth to continue with us,” thereby notifying the employee of the intention to terminate the employment relationship. The employee raised no objection to this and immediately stopped reporting to work. Ⅱ. Issue Summary The issue in this case is whether, in a situation where the employee repeatedly made statements to the effect of “If you don’t fire the other employees, I will leave,” the employer’s notice of termination of the relationship constitutes an unfair dismissal, or whether it constitutes a consensual termination (resignation at the employee’s own request) in which the employer accepted the employee’s conditional expression of intent to resign. Ⅲ. Summary of the Labor Relations Commission’s Reasoning The panel in this case noted that the employee had, on several occasions in the presence of the de facto manager, made conditional resignation statements; that the content of those statements could be viewed as a specific conditional expression of intent to resign, in which the employee mentioned his own resignation on condition that other employees be dismissed; that, in light of written statements of fact from employees and witness testimony, the credibility of the employee’s denial and his statements regarding whether certain calls took place was low; and that, after the employer sent a text message stating “You seem to be cut from a different cloth to continue with us,” the employee ceased reporting to work without any objection. In light of these circumstances, the Commission found that the employee had first expressed a conditional intent to resign, and that the employer, on the premise that it could not accept the condition (dismissal of other employees), accepted that intent to resign. Although, in form, the termination of the employment relationship in this case appears to have been effected by the employer’s notice via text message, the Commission held that in substance it was a consensual termination in which the employer accepted the employee’s conditional expression of intent to resign, and therefore ruled that no unfair dismissal existed. Ⅳ. Practical Points (From the Employee’s Perspective) Employees should be mindful that repeatedly saying things like “If this continues, I’ll quit,” or “I can’t work like this,” in the heat of the moment can be legally recognized as an expression of intent to resign. In particular, even if resignation is mentioned subject to a condition, if the employer responds on the premise that it will not accept that condition with a message to the effect of “Then let’s part ways,” and the employee thereafter stops reporting to work without any particular objection, there is a significant risk that the situation will be evaluated as a resignation or consensual termination rather than a dismissal. Ⅴ. Practical Points (From the Employer’s/Company’s Perspective) From the employer’s standpoint, it is important to preserve the employee’s statements regarding resignation, as well as text messages, call records, etc., as objective materials (written statements of fact, messenger screenshots, and the like) to the extent possible. In addition, where an employee has repeatedly expressed a conditional intent to resign, it is helpful for preventing disputes to clearly notify, in explicit wording, that the condition cannot be accepted and whether the intent to resign is being accepted, so that it is evident that the matter is one of acceptance of resignation rather than dismissal. 2. Matters Decided a. Case Overview and Procedural History This is a case in which the Commission held that no dismissal existed, finding that the employee had expressed a specific conditional intent to resign, and that the employer, while stating that such condition could not be accepted, had accepted the expression of intent to resign. 3. Summary of the Decision a. Summary of the Labor Relations Commission’s Reasoning The employee, on several occasions in the presence of the de facto manager, made statements to the effect of “If you don’t fire the other employees, I will quit,” and “I can’t do this job.” Although the employee asserted that he had never made such statements, a review of an employee’s written statement of fact and witness testimony substantiates that such statements were indeed made, and, in light of the employee’s false statements regarding whether he had spoken with the de facto manager by phone, his assertions are of doubtful credibility. On the evening of 8 February 2026, the employee suddenly told the de facto manager that he would take the following day, 9 February 2026, off, even though another employee had already been scheduled to be off on 9 February 2026. In response, at 23:59 on 9 February 2026, the de facto manager sent the employee a text message stating, “I’m sorry. You seem to be cut from a somewhat different cloth to continue with us. Thank you for all your hard work while you were here,” thereby notifying the employee of the intention to terminate the employment relationship. The employee did not reply to or raise any objection to this message and did not report to work from the following day onward. Considering these circumstances and the entirety of the parties’ expressions of intent, the Commission determined that the employee had first expressed to the de facto manager a specific conditional intent to resign—namely, an intent to resign if the other employees were not dismissed—and that the de facto manager, while stating that such condition could not be accepted, had accepted the expression of intent to resign. Accordingly, the Commission found that no dismissal existed. [See More Related Decisions] - “Unfair Dismissal Case Concerning ‘Expression of Intent to Resign (Resignation Statement in Telephone Call)’” - “Unfair Dismissal Case Concerning ‘Non-Formation of Hiring Decision (Absence of Offer Letter)’” – Decision date: – Case No.: First-instance decision upheld - “Unfair Dismissal Case Concerning ‘Expectation of Employment Succession (Competitive Bidding for Logistics Center)’” [Tags] Unfair dismissal, expression of intent to resign (conditional notice by text message), 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&. ※ The previous article, “Unfair Dismissal Case Concerning ‘Probationary Dismissal (Grade D in Probationary Evaluation)’,” can be viewed in a new window. ※ The list of decisions concerning expression of intent to resign (conditional notice by text message) can be viewed together on the “List of Decisions Concerning Expression of Intent to Resign (Conditional Notice by Text Message)” page. ※ Korean version of this case: Korean article