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Unfair Dismissal Case Concerning “Expression of Intent to Resign (Interview · Group Chat)” (Unfair Dismissal 315)
- Date2026/03/25 04:09
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “expression of intent to resign (interview · group chat).”
Decision body: Seoul Regional Labor Relations Commission 2025Buhae9611 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.01.09 · Case result: Dismissed
Summary of key issues: (i) The employee expressed an intention to resign during an interview with the division head; (ii) the employee smoothly carried out the handover of duties, used remaining annual leave at his/her own discretion, and then left the company; (iii) there were no circumstances in the messages the employee left in a group chat including all employees before leaving that would indicate a dismissal. Taking all of this into account, the Commission found that the employment relationship ended by mutual agreement between the employee and the employer, and that there had been no dismissal. /
1. Legal Implications
Ⅰ. Case Overview
This case concerns an application for remedy for unfair dismissal in which an employee, after expressing an intention to resign during an interview with the division head, completed the handover of duties, used remaining annual leave, and then left the company. The employee claimed that this was in substance a dismissal by the employer and applied to the Labor Relations Commission for a remedy for unfair dismissal, but the Seoul Regional Labor Relations Commission dismissed the application.
Ⅱ. Summary of Issues
The issue in this case is whether, in a situation where the employee expressed an intention to resign during an interview and thereafter proceeded with handover, used annual leave, and left messages in a group chat, the termination of the employment relationship can be viewed as an unfair unilateral dismissal by the employer, or whether it should be regarded as a mutual termination (resignation) agreed between the employee and the employer.
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case found that: the employee voluntarily expressed an intention to resign during an interview with the division head; thereafter, without raising any particular objection, the employee smoothly proceeded with the handover of duties and used remaining annual leave at his/her own choice; and the content of the messages the employee left in a group chat including all employees immediately before leaving showed no indication of a dismissal notice by the employer or of improper pressure. In light of these circumstances, the panel determined that there had been a concurrence of intent between the employee and the employer to terminate the employment relationship.
The termination in this case was therefore not a substantive unilateral dismissal by the employer, but a mutual termination of the employment relationship resulting from the employee’s expression of intent to resign combined with the employer’s acceptance of that intent. Accordingly, the Commission held that there was no unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even if an employee says “I will resign” in the heat of the moment during an interview, if the subsequent series of actions—such as proceeding with handover, using annual leave, and leaving farewell messages to colleagues—are all carried out on the premise of resignation, it becomes very difficult later to claim that the termination was an unfair dismissal. If the expression of intent to resign was not genuine or was made under pressure, it is advisable to clearly record, as early as possible, the withdrawal of the resignation or a claim of dismissal by objective means such as in writing or by email.
Ⅴ. Practical Points (From the Employer/Company Perspective)
From the company’s perspective, even if an employee mentions resignation during an interview, the company should not immediately treat this as a definitive resignation. To prevent disputes, it is important to obtain a clear written expression of intent, such as a resignation letter or a resignation confirmation. In addition, keeping records of agreements with the employee regarding the handover plan, treatment of annual leave, and the final working day will be very helpful later in proving before the Labor Relations Commission that the termination was a mutual termination/resignation rather than an unfair dismissal.
In disputes of this type over alleged unfair dismissal, whether the case involves resignation or dismissal is determined based on the employee’s “true intent” and the “concurrence of intent” with the employer. On this premise, it is advisable to consult with a specialized organization such as Labor Law Firm Law& and systematically organize evidence such as interview notes, written documents, and messenger records.
2. Matters Decided
A. Case Overview and Procedural History
Taking into account: (i) that the employee expressed an intention to resign during an interview with the division head; (ii) that the employee smoothly carried out the handover of duties, used remaining annual leave at his/her own discretion, and then left the company; and (iii) that there were no circumstances in the messages the employee left in a group chat including all employees before leaving that would indicate a dismissal, the Commission determined that the employment relationship had ended by mutual agreement between the employee and the employer, and that there had been no dismissal.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Taking into account: (i) that the employee expressed an intention to resign during an interview with the division head; (ii) that the employee smoothly carried out the handover of duties, used remaining annual leave at his/her own discretion, and then left the company; and (iii) that there were no circumstances in the messages the employee left in a group chat including all employees before leaving that would indicate a dismissal, the Commission determined that the employment relationship had ended by mutual agreement between the employee and the employer, and that there had been no dismissal. /
[See More Related Decisions]
- “Unfair Dismissal Case Concerning ‘Expression of Intent to Resign (Telephone Conversation Resignation Remark)’”
- “Unfair Dismissal Case Concerning ‘Employer Status (Transfer Between Contractor and Subcontractor)’”
- “Unfair Dismissal Case Concerning ‘Dismissal (Non-Appearance at Hearing)’” – Date of decision: - Case result: Dismissed
[Tags]
Unfair dismissal, expression of intent to resign (interview · group chat), 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 ‘Employer Status (Transfer Between Contractor and Subcontractor)’,” can be viewed in a new window.
※ The list of decisions related to expression of intent to resign (interview · group chat) can be viewed together on the “List of Decisions Related to Expression of Intent to Resign (Interview · Group Chat)” page.
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “expression of intent to resign (interview · group chat).”
Decision body: Seoul Regional Labor Relations Commission 2025Buhae9611 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.01.09 · Case result: Dismissed
Summary of key issues: (i) The employee expressed an intention to resign during an interview with the division head; (ii) the employee smoothly carried out the handover of duties, used remaining annual leave at his/her own discretion, and then left the company; (iii) there were no circumstances in the messages the employee left in a group chat including all employees before leaving that would indicate a dismissal. Taking all of this into account, the Commission found that the employment relationship ended by mutual agreement between the employee and the employer, and that there had been no dismissal. /
1. Legal Implications
Ⅰ. Case Overview
This case concerns an application for remedy for unfair dismissal in which an employee, after expressing an intention to resign during an interview with the division head, completed the handover of duties, used remaining annual leave, and then left the company. The employee claimed that this was in substance a dismissal by the employer and applied to the Labor Relations Commission for a remedy for unfair dismissal, but the Seoul Regional Labor Relations Commission dismissed the application.
Ⅱ. Summary of Issues
The issue in this case is whether, in a situation where the employee expressed an intention to resign during an interview and thereafter proceeded with handover, used annual leave, and left messages in a group chat, the termination of the employment relationship can be viewed as an unfair unilateral dismissal by the employer, or whether it should be regarded as a mutual termination (resignation) agreed between the employee and the employer.
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case found that: the employee voluntarily expressed an intention to resign during an interview with the division head; thereafter, without raising any particular objection, the employee smoothly proceeded with the handover of duties and used remaining annual leave at his/her own choice; and the content of the messages the employee left in a group chat including all employees immediately before leaving showed no indication of a dismissal notice by the employer or of improper pressure. In light of these circumstances, the panel determined that there had been a concurrence of intent between the employee and the employer to terminate the employment relationship.
The termination in this case was therefore not a substantive unilateral dismissal by the employer, but a mutual termination of the employment relationship resulting from the employee’s expression of intent to resign combined with the employer’s acceptance of that intent. Accordingly, the Commission held that there was no unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even if an employee says “I will resign” in the heat of the moment during an interview, if the subsequent series of actions—such as proceeding with handover, using annual leave, and leaving farewell messages to colleagues—are all carried out on the premise of resignation, it becomes very difficult later to claim that the termination was an unfair dismissal. If the expression of intent to resign was not genuine or was made under pressure, it is advisable to clearly record, as early as possible, the withdrawal of the resignation or a claim of dismissal by objective means such as in writing or by email.
Ⅴ. Practical Points (From the Employer/Company Perspective)
From the company’s perspective, even if an employee mentions resignation during an interview, the company should not immediately treat this as a definitive resignation. To prevent disputes, it is important to obtain a clear written expression of intent, such as a resignation letter or a resignation confirmation. In addition, keeping records of agreements with the employee regarding the handover plan, treatment of annual leave, and the final working day will be very helpful later in proving before the Labor Relations Commission that the termination was a mutual termination/resignation rather than an unfair dismissal.
In disputes of this type over alleged unfair dismissal, whether the case involves resignation or dismissal is determined based on the employee’s “true intent” and the “concurrence of intent” with the employer. On this premise, it is advisable to consult with a specialized organization such as Labor Law Firm Law& and systematically organize evidence such as interview notes, written documents, and messenger records.
2. Matters Decided
A. Case Overview and Procedural History
Taking into account: (i) that the employee expressed an intention to resign during an interview with the division head; (ii) that the employee smoothly carried out the handover of duties, used remaining annual leave at his/her own discretion, and then left the company; and (iii) that there were no circumstances in the messages the employee left in a group chat including all employees before leaving that would indicate a dismissal, the Commission determined that the employment relationship had ended by mutual agreement between the employee and the employer, and that there had been no dismissal.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
Taking into account: (i) that the employee expressed an intention to resign during an interview with the division head; (ii) that the employee smoothly carried out the handover of duties, used remaining annual leave at his/her own discretion, and then left the company; and (iii) that there were no circumstances in the messages the employee left in a group chat including all employees before leaving that would indicate a dismissal, the Commission determined that the employment relationship had ended by mutual agreement between the employee and the employer, and that there had been no dismissal. /
[See More Related Decisions]
- “Unfair Dismissal Case Concerning ‘Expression of Intent to Resign (Telephone Conversation Resignation Remark)’”
- “Unfair Dismissal Case Concerning ‘Employer Status (Transfer Between Contractor and Subcontractor)’”
- “Unfair Dismissal Case Concerning ‘Dismissal (Non-Appearance at Hearing)’” – Date of decision: - Case result: Dismissed
[Tags]
Unfair dismissal, expression of intent to resign (interview · group chat), 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 ‘Employer Status (Transfer Between Contractor and Subcontractor)’,” can be viewed in a new window.
※ The list of decisions related to expression of intent to resign (interview · group chat) can be viewed together on the “List of Decisions Related to Expression of Intent to Resign (Interview · Group Chat)” page.
※ Korean version of this case: Korean article
