[Case Information] This case is a decision in which the employer ultimately prevailed (application dismissed) on the issue of “formation of hiring commitment (no agreement on start date).” Decision date: 2026-09-22 · Labor Relations Commission: Jeonnam Regional Labor Relations Commission · Case No.: 2026부해738 Key issue summary: The employee argued that a hiring commitment relationship was formed because the employer coordinated the date and time when the employee could start work. However, (i) although it was acknowledged that, during the interview process, the employer asked the employee about possible dates to start work, there was no confirmation that the parties had reached a meeting of the minds or agreement on a specific start date; (ii) the employee did not submit documents such as the mandatory pre-employment medical examination report or a copy of the bankbook, which are ordinarily required from a person whose hiring has been finalized, and... 1. Legal Implications Ⅰ. Case Overview This unfair dismissal relief application was handled by the Jeonnam Regional Labor Relations Commission. The employee applied for relief to the Commission, arguing that a hiring commitment had been made based on, among other things, the fact that the company had coordinated the date and time when the employee could start work. The Commission focused its review on whether the employer’s expression of intent to hire had actually reached the stage of forming an employment contract (hiring commitment). In the end, it held that no hiring commitment had been formed at all and therefore did not recognize the dismissal as unfair. Ⅱ. Summary of Issues The issue in this case is whether, “in a situation where the employer inquires during the interview about when the applicant can start work and the parties exchange text messages, a hiring commitment (employment contract) can be deemed to have been formed.” Ⅲ. Summary of the Labor Relations Commission’s Reasoning The panel in this case acknowledged that the employer asked about possible start dates during the interview process, but found that there was no basis to conclude that the parties had reached a meeting of the minds or a definitive agreement on a specific start date. It further noted that there had been no request from the employer for submission of documents such as the pre-employment medical examination report or a copy of the bankbook, which are ordinarily required from a person whose hiring has been finalized, and that no employment contract had been drafted or executed between the parties. The panel also found that the content of the text messages alone did not provide sufficient objective evidence to recognize a definitive expression of intent to hire by the employer or the formation of an employment relationship. Moreover, even if the parties had discussed key working conditions such as wages, working hours, and duties during the interview process, such discussions would only constitute pre-contractual negotiations and could not, by themselves, be regarded as conclusively forming an employment contract. In light of all these circumstances, the panel held that, because a valid hiring commitment (employment contract) relationship had not been formed from the outset, the dismissal in this case did not constitute unfair dismissal. Ⅳ. Practical Points (From the Employee’s Perspective) From the employee’s perspective, even if you receive a question via text message, KakaoTalk, or similar means such as “From when are you able to start work?”, you should not immediately conclude that a hiring commitment has been formed. For a hiring commitment to be recognized, you should carefully check whether there are objective circumstances accompanying it, such as a notification that clearly and externally indicates final acceptance or confirmed hiring, a request to submit hiring-related documents, or the drafting of an employment contract. If you are considering filing an application for relief from unfair dismissal, you should first consult with experts such as Labor Law Firm Law& to examine, as a legal matter, whether your situation constitutes “unfair dismissal due to cancellation of a hiring commitment,” or whether it is still at a stage where an employment contract has not yet been formed. Ⅴ. Practical Points (From the Employer/Company’s Perspective) From the employer’s perspective, it is important to clearly distinguish between a hiring commitment and the mere stages of interview and negotiation of conditions. You should clearly separate the timing and content of the final acceptance notice, the guidance on required submission documents, and the timing of drafting the employment contract. It is advisable to organize, through internal rules or manuals, the procedures from job posting, notification of acceptance, guidance on hiring documents, through to execution of a formal employment contract, and to manage communications so that the hiring status is not expressed ambiguously via text messages or messengers. In addition, because future disputes may arise in connection with workforce reductions or personnel adjustments, you should assume that, after notification of a hiring commitment, the legal principles restricting dismissal under the Labor Standards Act may apply. On that basis, you should preemptively set out in your rules of employment the grounds and procedures for cancellation of hiring. 2. Matters Decided A. Case Overview and Procedural History This is a case in which it was held that the employer’s intent and acts indicating a hiring commitment toward the employee were not clearly established, and thus it was difficult to regard a hiring commitment (employment contract) as having been formed. 3. Summary of the Decision A. Summary of the Labor Relations Commission’s Reasoning The employee argued that a hiring commitment relationship was formed because the employer coordinated the date and time when the employee could start work. However: (i) although it was acknowledged that, during the interview process, the employer asked the employee about possible start dates, there was no confirmation that the parties had reached a meeting of the minds or agreement on a specific start date; (ii) the employee was never asked by the employer to submit documents such as the pre-employment medical examination report or a copy of the bankbook, which are ordinarily required from a person whose hiring has been finalized, and there was no fact of drafting or executing an employment contract between the parties; (iii) based solely on the text message exchanges submitted by the employee with the company’s hiring manager, there was no objectively verifiable material to conclude that a hiring commitment or hiring confirmation had been made, and there were no objective circumstances from which to recognize a definitive expression of intent to hire by the employer or the formation of an employment relationship; and (iv) even if the parties were in the process of discussing key working conditions such as wages, working hours, and duties during the interview, such negotiations cannot be regarded as immediately and conclusively forming an employment contract. Considering all of the above, the Commission determined that a hiring commitment (employment contract) could not be deemed to have been validly formed. [See More Related Decisions] - “‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’ – Unfair Dismissal Decision” – Decision date: - · Case No.: Original decision upheld - “‘Business Necessity (Reassignment of Cleaner)’ – Unfair Dismissal Decision” - “‘Relief Interest · Refusal to Rehire (Post-Retirement Fixed-Term Employment)’ – Unfair Dismissal Decision” [Tags] Unfair dismissal, formation of hiring commitment (no agreement on start date), 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, “‘Fixed-Term Employee (Ultra-Short 3-Month Contract)’ – Unfair Dismissal Decision,” can be viewed in a new window. ※ The list of decisions related to formation of hiring commitment (no agreement on start date) can be viewed under “List of Decisions Related to Formation of Hiring Commitment (No Agreement on Start Date).” ※ Korean version of this case: Korean article