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‘Authenticity of Resignation Letter (Handwritten Resignation Citing Personal Reasons)’ Unfair Dismissal Decision (Unfair Dismissal 255)
- Date2026/03/04 04:09
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of the “authenticity of a resignation letter (handwritten resignation citing personal reasons).”
Decision Committee: Gyeonggi Regional Labor Relations Commission
2025 Unfair Dismissal 9472 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.01.16 · Case outcome: Dismissed
Summary of key issues: (i) The employee handwritten and submitted to the employer a resignation letter stating “personal reasons” as the reason for resignation and then left the company; (ii) although the employee claimed that the resignation letter was written under the employer’s duress, no circumstances could be found that would render the declaration of intent to resign null and void. Taking these factors together, the Commission held that the employment relationship had ended when the employer accepted the employee’s declaration of intent to resign as expressed through the submission of the resignation letter, and therefore no dismissal existed.
1. Legal Implications
Ⅰ. Case Overview
In this case, after the employee submitted a handwritten resignation letter stating “personal reasons” as the reason for resignation and left the company, the employee filed an application for remedy with the Labor Relations Commission, alleging that the resignation actually constituted an unfair dismissal. The Gyeonggi Regional Labor Relations Commission examined the employee’s application and rendered a decision on whether an employer’s dismissal existed and on the validity of the resignation.
Labor Law Firm Law& has handled numerous cases in which the legal relationship between the submission of a resignation letter and a subsequent claim of unfair dismissal is at issue. We consider this decision to be of significant importance for understanding unfair dismissal and the practical operations of the Labor Relations Commissions.
Ⅱ. Summary of Issues
The issue in this case is whether, in a situation where an employee has submitted a handwritten resignation letter stating “personal reasons,” that resignation constitutes a void declaration of intent made under the employer’s duress, such that a dismissal can still be deemed to exist.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case noted that the employee handwritten and submitted to the employer a resignation letter stating “personal reasons” as the reason for resignation, that the employee in fact left the company thereafter, and that, based solely on the grounds of duress alleged by the employee, no circumstances could be identified that would amount to coercion or pressure sufficient to render the declaration of intent to resign null and void.
Accordingly, the employee’s submission of the resignation letter had to be regarded as a genuine declaration of intent to resign, and the Commission held that the employment contract was terminated by mutual agreement (voluntary resignation) when the employer accepted that declaration of intent.
The Commission therefore found that no dismissal had existed in the first place and dismissed the application for remedy for unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
For an employee to successfully claim unfair dismissal, it is important to secure evidence not merely of a statement such as “I was forced to write it,” but of specific circumstances of the employer’s duress or pressure and of a situation in which the employee was unable to make a free decision. If you find yourself in a situation where you must write a resignation letter, you should, to the extent possible, clearly state in the contents that it is “under coercion,” specify any conditions or grace periods, or subsequently leave records of coercive circumstances through text messages, emails, etc. Particular care should be taken to preserve such evidence.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
From the employer’s standpoint, when seeking to terminate an employment relationship through the submission of a resignation letter, it is necessary to preserve objective circumstances showing that the employee had sufficient time to consider the matter and that the HR decision-maker did not engage in abusive language, threats, or coercion to resign. In particular, when using resignation or voluntary retirement schemes in the context of layoffs or restructuring, there is a high risk that the measures will be deemed a de facto dismissal if resignation letters are collected en masse or if excessive pressure is applied. Accordingly, the procedures and explanatory process should be managed in a transparent manner.
2. Matters Decided
A. Case Overview and Procedural History
(i) The employee handwritten and submitted to the employer a resignation letter stating “personal reasons” as the reason for resignation and then left the company; (ii) although the employee claimed that the resignation letter was written under the employer’s duress, no circumstances could be found that would render the declaration of intent to resign null and void. Taking these factors together, the Commission held that the employment relationship had ended when the employer accepted the employee’s declaration of intent to resign as expressed through the submission of the resignation letter, and therefore no dismissal existed.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Decision
(i) The employee handwritten and submitted to the employer a resignation letter stating “personal reasons” as the reason for resignation and then left the company; (ii) although the employee claimed that the resignation letter was written under the employer’s duress, no circumstances could be found that would render the declaration of intent to resign null and void. Taking these factors together, the Commission held that the employment relationship had ended when the employer accepted the employee’s declaration of intent to resign as expressed through the submission of the resignation letter, and therefore no dismissal existed.
[See More Related Decisions]
- “Declaration of Intent to Resign (Resignation Remark During Telephone Call)” Unfair Dismissal Decision
- “Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)” Unfair Dismissal Decision
- “Dismissal of Application (Non-Appearance at Hearing)” Unfair Dismissal Decision – Decision date: – Case outcome: Dismissed
[Tags]
Unfair dismissal, authenticity of resignation letter (handwritten resignation citing personal reasons), 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ You can view the previous article, “Transfer and Disadvantageous Personnel Measures (Assignment to Central Supply Room After Return from Sick Leave/Childcare Leave)” Unfair Dismissal Decision, in a new window.
※ A list of decisions related to the authenticity of resignation letters (handwritten resignation citing personal reasons) can be found in the “Authenticity of Resignation Letter (Handwritten Resignation Citing Personal Reasons) Decisions List.”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of the “authenticity of a resignation letter (handwritten resignation citing personal reasons).”
Decision Committee: Gyeonggi Regional Labor Relations Commission
2025 Unfair Dismissal 9472 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.01.16 · Case outcome: Dismissed
Summary of key issues: (i) The employee handwritten and submitted to the employer a resignation letter stating “personal reasons” as the reason for resignation and then left the company; (ii) although the employee claimed that the resignation letter was written under the employer’s duress, no circumstances could be found that would render the declaration of intent to resign null and void. Taking these factors together, the Commission held that the employment relationship had ended when the employer accepted the employee’s declaration of intent to resign as expressed through the submission of the resignation letter, and therefore no dismissal existed.
1. Legal Implications
Ⅰ. Case Overview
In this case, after the employee submitted a handwritten resignation letter stating “personal reasons” as the reason for resignation and left the company, the employee filed an application for remedy with the Labor Relations Commission, alleging that the resignation actually constituted an unfair dismissal. The Gyeonggi Regional Labor Relations Commission examined the employee’s application and rendered a decision on whether an employer’s dismissal existed and on the validity of the resignation.
Labor Law Firm Law& has handled numerous cases in which the legal relationship between the submission of a resignation letter and a subsequent claim of unfair dismissal is at issue. We consider this decision to be of significant importance for understanding unfair dismissal and the practical operations of the Labor Relations Commissions.
Ⅱ. Summary of Issues
The issue in this case is whether, in a situation where an employee has submitted a handwritten resignation letter stating “personal reasons,” that resignation constitutes a void declaration of intent made under the employer’s duress, such that a dismissal can still be deemed to exist.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case noted that the employee handwritten and submitted to the employer a resignation letter stating “personal reasons” as the reason for resignation, that the employee in fact left the company thereafter, and that, based solely on the grounds of duress alleged by the employee, no circumstances could be identified that would amount to coercion or pressure sufficient to render the declaration of intent to resign null and void.
Accordingly, the employee’s submission of the resignation letter had to be regarded as a genuine declaration of intent to resign, and the Commission held that the employment contract was terminated by mutual agreement (voluntary resignation) when the employer accepted that declaration of intent.
The Commission therefore found that no dismissal had existed in the first place and dismissed the application for remedy for unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
For an employee to successfully claim unfair dismissal, it is important to secure evidence not merely of a statement such as “I was forced to write it,” but of specific circumstances of the employer’s duress or pressure and of a situation in which the employee was unable to make a free decision. If you find yourself in a situation where you must write a resignation letter, you should, to the extent possible, clearly state in the contents that it is “under coercion,” specify any conditions or grace periods, or subsequently leave records of coercive circumstances through text messages, emails, etc. Particular care should be taken to preserve such evidence.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
From the employer’s standpoint, when seeking to terminate an employment relationship through the submission of a resignation letter, it is necessary to preserve objective circumstances showing that the employee had sufficient time to consider the matter and that the HR decision-maker did not engage in abusive language, threats, or coercion to resign. In particular, when using resignation or voluntary retirement schemes in the context of layoffs or restructuring, there is a high risk that the measures will be deemed a de facto dismissal if resignation letters are collected en masse or if excessive pressure is applied. Accordingly, the procedures and explanatory process should be managed in a transparent manner.
2. Matters Decided
A. Case Overview and Procedural History
(i) The employee handwritten and submitted to the employer a resignation letter stating “personal reasons” as the reason for resignation and then left the company; (ii) although the employee claimed that the resignation letter was written under the employer’s duress, no circumstances could be found that would render the declaration of intent to resign null and void. Taking these factors together, the Commission held that the employment relationship had ended when the employer accepted the employee’s declaration of intent to resign as expressed through the submission of the resignation letter, and therefore no dismissal existed.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Decision
(i) The employee handwritten and submitted to the employer a resignation letter stating “personal reasons” as the reason for resignation and then left the company; (ii) although the employee claimed that the resignation letter was written under the employer’s duress, no circumstances could be found that would render the declaration of intent to resign null and void. Taking these factors together, the Commission held that the employment relationship had ended when the employer accepted the employee’s declaration of intent to resign as expressed through the submission of the resignation letter, and therefore no dismissal existed.
[See More Related Decisions]
- “Declaration of Intent to Resign (Resignation Remark During Telephone Call)” Unfair Dismissal Decision
- “Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)” Unfair Dismissal Decision
- “Dismissal of Application (Non-Appearance at Hearing)” Unfair Dismissal Decision – Decision date: – Case outcome: Dismissed
[Tags]
Unfair dismissal, authenticity of resignation letter (handwritten resignation citing personal reasons), 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ You can view the previous article, “Transfer and Disadvantageous Personnel Measures (Assignment to Central Supply Room After Return from Sick Leave/Childcare Leave)” Unfair Dismissal Decision, in a new window.
※ A list of decisions related to the authenticity of resignation letters (handwritten resignation citing personal reasons) can be found in the “Authenticity of Resignation Letter (Handwritten Resignation Citing Personal Reasons) Decisions List.”
※ Korean version of this case: Korean article
