Corporate trends / Performance record
Unfair Dismissal Decision Concerning “Employee Status · Submission of Resignation Letter (Secretary-General)” (Unfair Dismissal 148)
- Date2026/01/26 04:04
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issues of “employee status · submission of resignation letter (Secretary-General).”
Decision body: Jeonnam Regional Labor Relations Commission 2025Buhae9057 ○ ○ ○ Application for Remedy for Unfair Dismissal
2025.12.24 · Case result: Dismissed
Summary of key issues:
A. Whether the Secretary-General is an employee under the Labor Standards Act
The Secretary-General is a staff member to whom Gwangsan-gu’s Office Management Regulations and Personnel Regulations apply, who handled duties under the employer’s direction and supervision and provided work to the employer in a subordinate relationship for the purpose of wages, and therefore falls under the definition of an employee under the Labor Standards Act.
1. Legal Implications
Ⅰ. Case Overview
In this case, a worker serving in the position of Secretary-General submitted a resignation letter at the employer’s request and thereafter filed an application for remedy with the Labor Relations Commission, claiming that this constituted an unfair dismissal. The Jeonnam Regional Labor Relations Commission first examined whether the Secretary-General was an employee under the Labor Standards Act, and then determined whether the submission of the resignation letter constituted an unfair dismissal in the form of voluntary resignation contrary to the employee’s true intent.
Ⅱ. Issues
The issues in this case are: “(i) whether the Secretary-General qualifies as an employee under the Labor Standards Act, and (ii) whether the resignation letter submitted at the employer’s request represents a genuine expression of intent to resign, or instead constitutes a de facto dismissal brought about by coercion, pressure, etc.”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel held that the Secretary-General was an employee under the Labor Standards Act, on the grounds that he was subject to Gwangsan-gu’s Office Management Regulations and Personnel Regulations, and that he provided work to the employer in a subordinate relationship for the purpose of wages under the employer’s direction and supervision. However, although it was acknowledged that the worker submitted a resignation letter at the employer’s request, there were no circumstances indicating that the expression of intent to resign was contrary to his true intent or was made under coercion or duress, nor were there any special circumstances from which the invalidity of the expression of intent to resign could be inferred. The Commission further found that the expression of intent to resign reached the employer on 9 July 2025 and that the employment relationship could be regarded as having ended as of 31 July 2025. On this basis, the Commission determined that no dismissal existed.
As the existence of a dismissal itself could not be recognized in this case, the measure could not be the subject of a determination on the justifiability of dismissal, and therefore it was held not to constitute an unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Where a worker has voluntarily submitted a resignation letter, the Labor Relations Commission and the courts generally tend to recognize the effectiveness of that resignation. Accordingly, careful consideration is required before submitting a resignation letter. If the submission of the resignation letter was made contrary to the worker’s true intent due to strong pressure from the employer, threats of dismissal, provision of false information, etc., the worker should, to the fullest extent possible, secure specific evidence of such circumstances (audio recordings, text or messenger messages, emails, interview notes, etc.) in preparation for any subsequent dispute.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
From the company’s standpoint, even for managerial or executive-level positions such as Secretary-General, if in substance the person is subject to the work rules and personnel regulations, works under direction and supervision, and receives wages, there is a high likelihood that he or she will be deemed an employee under the Labor Standards Act. Human resources and labor management should be conducted on this premise. In addition, when receiving a resignation letter, it is advisable to avoid any suspicion that there was coercion or inducement amounting to a de facto dismissal by documenting the circumstances of any suggestion to resign, the content of interviews, and the procedures for confirming the worker’s voluntary intent. Where dismissal is necessary, it is preferable to consider lawful dismissal procedures such as redundancy (collective dismissal) in accordance with legal requirements.
This decision of the Jeonnam Regional Labor Relations Commission illustrates that, in unfair dismissal disputes, “employee status” is recognized broadly, but once a worker has submitted a resignation letter, substantial proof of a declaration of intent not reflecting true intent or of coercive circumstances is required to overturn its effectiveness. Those preparing to file an application for remedy with the Labor Relations Commission are advised to consult with experts such as Labor Law Firm Law& and carefully organize the circumstances surrounding the resignation and the supporting evidence.
2. Matters Decided
A. Case Overview and Procedural History
A. Whether the worker is an employee under the Labor Standards Act
The Secretary-General is a staff member to whom Gwangsan-gu’s Office Management Regulations and Personnel Regulations apply, who handled duties under the employer’s direction and supervision and provided work to the employer in a subordinate relationship for the purpose of wages, and therefore falls under the definition of an employee under the Labor Standards Act.
B. Existence of a Dismissal
It is acknowledged that the worker submitted a resignation letter at the employer’s request; however, no circumstances were identified from which the invalidity of the worker’s expression of intent to resign could be inferred, and thus it is difficult to view that expression as defective. The worker’s expression of intent to resign is deemed to have become effective when it reached the employer in this case on 9 July 2025, and accordingly, the employment relationship between the parties is considered to have ended as of 31 July 2025 by virtue of the worker’s expression of intent to resign to the employer, so that no dismissal exists. Therefore, on the premise that a dismissal exists in this case, there is no need to further examine the justifiability of the dismissal.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Reasoning
A. Whether the worker is an employee under the Labor Standards Act
The Secretary-General is a staff member to whom Gwangsan-gu’s Office Management Regulations and Personnel Regulations apply, who handled duties under the employer’s direction and supervision and provided work to the employer in a subordinate relationship for the purpose of wages, and therefore falls under the definition of an employee under the Labor Standards Act.
B. Existence of a Dismissal
It is acknowledged that the worker submitted a resignation letter at the employer’s request; however, no circumstances were identified from which the invalidity of the worker’s expression of intent to resign could be inferred, and thus it is difficult to view that expression as defective. The worker’s expression of intent to resign is deemed to have become effective when it reached the employer in this case on 9 July 2025, and accordingly, the employment relationship between the parties is considered to have ended as of 31 July 2025 by virtue of the worker’s expression of intent to resign to the employer, so that no dismissal exists. Therefore, on the premise that a dismissal exists in this case, there is no need to further examine the justifiability of the dismissal. /
[See More Related Decisions]
- “‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’ Unfair Dismissal Decision” – Date of decision: – Case number: First-instance decision upheld
- “‘Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)’ Unfair Dismissal Decision”
- “‘Expression of Intent to Resign (Resignation Remarks in Telephone Call)’ Unfair Dismissal Decision”
[Tags]
Unfair dismissal, employee status · submission of resignation letter (Secretary-General), 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, “‘Expansion of Duty of Confidentiality (Labor Union Email)’ Unfair Dismissal Decision,” in a new window.
※ The list of decisions related to employee status · submission of resignation letter (Secretary-General) can be viewed together at “List of Decisions Related to Employee Status · Submission of Resignation Letter (Secretary-General).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issues of “employee status · submission of resignation letter (Secretary-General).”
Decision body: Jeonnam Regional Labor Relations Commission 2025Buhae9057 ○ ○ ○ Application for Remedy for Unfair Dismissal
2025.12.24 · Case result: Dismissed
Summary of key issues:
A. Whether the Secretary-General is an employee under the Labor Standards Act
The Secretary-General is a staff member to whom Gwangsan-gu’s Office Management Regulations and Personnel Regulations apply, who handled duties under the employer’s direction and supervision and provided work to the employer in a subordinate relationship for the purpose of wages, and therefore falls under the definition of an employee under the Labor Standards Act.
1. Legal Implications
Ⅰ. Case Overview
In this case, a worker serving in the position of Secretary-General submitted a resignation letter at the employer’s request and thereafter filed an application for remedy with the Labor Relations Commission, claiming that this constituted an unfair dismissal. The Jeonnam Regional Labor Relations Commission first examined whether the Secretary-General was an employee under the Labor Standards Act, and then determined whether the submission of the resignation letter constituted an unfair dismissal in the form of voluntary resignation contrary to the employee’s true intent.
Ⅱ. Issues
The issues in this case are: “(i) whether the Secretary-General qualifies as an employee under the Labor Standards Act, and (ii) whether the resignation letter submitted at the employer’s request represents a genuine expression of intent to resign, or instead constitutes a de facto dismissal brought about by coercion, pressure, etc.”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel held that the Secretary-General was an employee under the Labor Standards Act, on the grounds that he was subject to Gwangsan-gu’s Office Management Regulations and Personnel Regulations, and that he provided work to the employer in a subordinate relationship for the purpose of wages under the employer’s direction and supervision. However, although it was acknowledged that the worker submitted a resignation letter at the employer’s request, there were no circumstances indicating that the expression of intent to resign was contrary to his true intent or was made under coercion or duress, nor were there any special circumstances from which the invalidity of the expression of intent to resign could be inferred. The Commission further found that the expression of intent to resign reached the employer on 9 July 2025 and that the employment relationship could be regarded as having ended as of 31 July 2025. On this basis, the Commission determined that no dismissal existed.
As the existence of a dismissal itself could not be recognized in this case, the measure could not be the subject of a determination on the justifiability of dismissal, and therefore it was held not to constitute an unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Where a worker has voluntarily submitted a resignation letter, the Labor Relations Commission and the courts generally tend to recognize the effectiveness of that resignation. Accordingly, careful consideration is required before submitting a resignation letter. If the submission of the resignation letter was made contrary to the worker’s true intent due to strong pressure from the employer, threats of dismissal, provision of false information, etc., the worker should, to the fullest extent possible, secure specific evidence of such circumstances (audio recordings, text or messenger messages, emails, interview notes, etc.) in preparation for any subsequent dispute.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
From the company’s standpoint, even for managerial or executive-level positions such as Secretary-General, if in substance the person is subject to the work rules and personnel regulations, works under direction and supervision, and receives wages, there is a high likelihood that he or she will be deemed an employee under the Labor Standards Act. Human resources and labor management should be conducted on this premise. In addition, when receiving a resignation letter, it is advisable to avoid any suspicion that there was coercion or inducement amounting to a de facto dismissal by documenting the circumstances of any suggestion to resign, the content of interviews, and the procedures for confirming the worker’s voluntary intent. Where dismissal is necessary, it is preferable to consider lawful dismissal procedures such as redundancy (collective dismissal) in accordance with legal requirements.
This decision of the Jeonnam Regional Labor Relations Commission illustrates that, in unfair dismissal disputes, “employee status” is recognized broadly, but once a worker has submitted a resignation letter, substantial proof of a declaration of intent not reflecting true intent or of coercive circumstances is required to overturn its effectiveness. Those preparing to file an application for remedy with the Labor Relations Commission are advised to consult with experts such as Labor Law Firm Law& and carefully organize the circumstances surrounding the resignation and the supporting evidence.
2. Matters Decided
A. Case Overview and Procedural History
A. Whether the worker is an employee under the Labor Standards Act
The Secretary-General is a staff member to whom Gwangsan-gu’s Office Management Regulations and Personnel Regulations apply, who handled duties under the employer’s direction and supervision and provided work to the employer in a subordinate relationship for the purpose of wages, and therefore falls under the definition of an employee under the Labor Standards Act.
B. Existence of a Dismissal
It is acknowledged that the worker submitted a resignation letter at the employer’s request; however, no circumstances were identified from which the invalidity of the worker’s expression of intent to resign could be inferred, and thus it is difficult to view that expression as defective. The worker’s expression of intent to resign is deemed to have become effective when it reached the employer in this case on 9 July 2025, and accordingly, the employment relationship between the parties is considered to have ended as of 31 July 2025 by virtue of the worker’s expression of intent to resign to the employer, so that no dismissal exists. Therefore, on the premise that a dismissal exists in this case, there is no need to further examine the justifiability of the dismissal.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Reasoning
A. Whether the worker is an employee under the Labor Standards Act
The Secretary-General is a staff member to whom Gwangsan-gu’s Office Management Regulations and Personnel Regulations apply, who handled duties under the employer’s direction and supervision and provided work to the employer in a subordinate relationship for the purpose of wages, and therefore falls under the definition of an employee under the Labor Standards Act.
B. Existence of a Dismissal
It is acknowledged that the worker submitted a resignation letter at the employer’s request; however, no circumstances were identified from which the invalidity of the worker’s expression of intent to resign could be inferred, and thus it is difficult to view that expression as defective. The worker’s expression of intent to resign is deemed to have become effective when it reached the employer in this case on 9 July 2025, and accordingly, the employment relationship between the parties is considered to have ended as of 31 July 2025 by virtue of the worker’s expression of intent to resign to the employer, so that no dismissal exists. Therefore, on the premise that a dismissal exists in this case, there is no need to further examine the justifiability of the dismissal. /
[See More Related Decisions]
- “‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’ Unfair Dismissal Decision” – Date of decision: – Case number: First-instance decision upheld
- “‘Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)’ Unfair Dismissal Decision”
- “‘Expression of Intent to Resign (Resignation Remarks in Telephone Call)’ Unfair Dismissal Decision”
[Tags]
Unfair dismissal, employee status · submission of resignation letter (Secretary-General), 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, “‘Expansion of Duty of Confidentiality (Labor Union Email)’ Unfair Dismissal Decision,” in a new window.
※ The list of decisions related to employee status · submission of resignation letter (Secretary-General) can be viewed together at “List of Decisions Related to Employee Status · Submission of Resignation Letter (Secretary-General).”
※ Korean version of this case: Korean article
