Corporate trends / Performance record
Unfair Dismissal Case Concerning “Voluntary Resignation (Resignation Note with Recommendation Remark)” (Unfair Dismissal 131)
- Date2026/01/21 04:19
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “voluntary resignation (resignation note with recommendation remark).”
Decision body: Gyeonggi Regional Labor Relations Commission, 2025UnfairDismissal3706 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2025.11.14 · Case result: Dismissed
Key issue summary: (i) The employee, during an interview with the employer on 18 June 2025, handwrote and submitted a resignation letter; (ii) in the resignation letter, the employee wrote, “I am unavoidably submitting this, regardless of my free will, due to the company’s recommendation and instruction.”
1. Legal Implications
Ⅰ. Case Overview
In this application for remedy for unfair dismissal, the employee applied to the Labor Relations Commission, asserting that the resignation letter written and submitted during a company interview had been coerced. The Gyeonggi Regional Labor Relations Commission examined the circumstances of the interview, the specific wording of the resignation letter, the recorded conversation, and other factors to determine whether the employer’s assertion of “resignation/voluntary resignation” was correct, or whether the case in substance constituted an unfair dismissal.
Ⅱ. Issues in Dispute
The issue in this case is whether a resignation letter written during an interview at the employer’s suggestion constitutes a declaration of intent not reflecting the employee’s true intention due to coercion or duress and thus should be regarded as a dismissal, or whether it is valid as a voluntary resignation or termination by mutual agreement.
Ⅲ. Summary of the Labor Relations Commission’s Findings
The panel in this case found that the employee handwrote and submitted the resignation letter during the interview; that although the resignation letter stated, “I am unavoidably submitting this, regardless of my free will, due to the company’s recommendation and instruction,” it immediately went on to state, “I am unavoidably submitting this because I was told that I would be paid wages up to today and one additional month’s salary,” thereby showing that the employee voluntarily agreed to the consideration/benefit for the termination of the employment relationship; that, looking at the contents of the conversation during the interview, the only confirmed circumstances are that the employer recommended termination of the employment relationship and discussed the conditions for ending the employment contract, and there are no circumstances sufficient to find that the resignation letter was written under coercion or duress; and that it is difficult to regard the employee’s expression of intent to resign as a declaration not reflecting his or her true intention.
On this basis, the Commission held that there was no dismissal in this case, and that the employer’s acceptance of the resignation letter and termination of the employment relationship constituted a legitimate resignation (or termination by mutual agreement).
Ⅳ. Practical Points (From the Employee’s Perspective)
When an employee writes a resignation letter during an interview, even if the wording includes an expression such as “I am unavoidably submitting this due to recommendation/instruction,” if it also contains language accepting certain monetary compensation or conditions, the Labor Relations Commission may regard this as a voluntary intention to terminate the employment relationship. If the resignation does not reflect the employee’s true intention, the employee should avoid submitting a resignation letter as far as possible, and if it has already been submitted, it is important to promptly record in concrete terms the intention to withdraw it and the specific circumstances of any coercion.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the company’s perspective, when recommending that an employee resign in the context of restructuring or personnel conflict, it is necessary to keep objective records of the background of the interview, the content of the discussions, and the process of obtaining the employee’s consent, so that the resignation is not misunderstood as a merely formal “voluntary resignation” intended to evade the requirements for collective redundancy. In particular, if the conditions for terminating the employment relationship (such as additional wage payments) are specifically stated in the resignation letter, and the interview recordings/notes confirm that there was no coercive language or conduct, there is a high likelihood that the Labor Relations Commission will recognize the validity of the resignation or termination by mutual agreement. This is an important practical point to bear in mind.
At this boundary between unfair dismissal and resignation/voluntary resignation, it is very important for dispute prevention to consult in advance with experts such as Labor Law Firm Law& to design the wording and procedures.
2. Matters Decided
A. Case Overview and Procedural History
(i) The employee, during an interview with the employer on 18 June 2025, handwrote and submitted a resignation letter; (ii) although the resignation letter stated, “I am unavoidably submitting this, regardless of my free will, due to the company’s recommendation and instruction,” it went on to state, “I am unavoidably submitting this because I was told that I would be paid wages up to today and one additional month’s salary,” thereby confirming that the employee agreed to the consideration or benefit for terminating the employment relationship; (iii) reviewing the contents of the conversation between the employee and the employer during the interview on 18 June 2025, the only confirmed circumstances are that the employer recommended to the employee that the employment relationship be terminated and discussed the conditions for ending the employment contract, and there are no circumstances sufficient to find that the resignation letter was written under coercion or duress; and (iv) it is also difficult to regard the employee’s expression of intent to resign as a declaration not reflecting his or her true intention. In light of all these factors, the employer’s acceptance of the resignation letter and termination of the employment relationship was legitimate, and it is difficult to regard this as a dismissal.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Findings
(i) The employee, during an interview with the employer on 18 June 2025, handwrote and submitted a resignation letter; (ii) although the resignation letter stated, “I am unavoidably submitting this, regardless of my free will, due to the company’s recommendation and instruction,” it went on to state, “I am unavoidably submitting this because I was told that I would be paid wages up to today and one additional month’s salary,” thereby confirming that the employee agreed to the consideration or benefit for terminating the employment relationship; (iii) reviewing the contents of the conversation between the employee and the employer during the interview on 18 June 2025, the only confirmed circumstances are that the employer recommended to the employee that the employment relationship be terminated and discussed the conditions for ending the employment contract, and there are no circumstances sufficient to find that the resignation letter was written under coercion or duress; and (iv) it is also difficult to regard the employee’s expression of intent to resign as a declaration not reflecting his or her true intention. In light of all these factors, the employer’s acceptance of the resignation letter and termination of the employment relationship was legitimate, and it is difficult to regard this as a dismissal. /
[See More Related Decisions]
- “Unfair Dismissal Decision Concerning Expression of Intent to Resign (Resignation Remark in Telephone Call)”
- “Unfair Dismissal Decision Concerning Excessive Disciplinary Measure (Concurrent Employment · Secondhand Trading)”
- “Unfair Dismissal Decision Concerning Non-Formation of Employment Offer (Absence of Offer Letter)” – Decision date: – Case number: Initial decision upheld
[Tags]
Unfair dismissal, voluntary resignation (resignation note with recommendation remark), 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, “Unfair Dismissal Decision Concerning Excessive Disciplinary Measure (Concurrent Employment · Secondhand Trading),” in a new window.
※ The list of decisions related to voluntary resignation (resignation note with recommendation remark) can be viewed together in the “List of Decisions Related to Voluntary Resignation (Resignation Note with Recommendation Remark).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “voluntary resignation (resignation note with recommendation remark).”
Decision body: Gyeonggi Regional Labor Relations Commission, 2025UnfairDismissal3706 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2025.11.14 · Case result: Dismissed
Key issue summary: (i) The employee, during an interview with the employer on 18 June 2025, handwrote and submitted a resignation letter; (ii) in the resignation letter, the employee wrote, “I am unavoidably submitting this, regardless of my free will, due to the company’s recommendation and instruction.”
1. Legal Implications
Ⅰ. Case Overview
In this application for remedy for unfair dismissal, the employee applied to the Labor Relations Commission, asserting that the resignation letter written and submitted during a company interview had been coerced. The Gyeonggi Regional Labor Relations Commission examined the circumstances of the interview, the specific wording of the resignation letter, the recorded conversation, and other factors to determine whether the employer’s assertion of “resignation/voluntary resignation” was correct, or whether the case in substance constituted an unfair dismissal.
Ⅱ. Issues in Dispute
The issue in this case is whether a resignation letter written during an interview at the employer’s suggestion constitutes a declaration of intent not reflecting the employee’s true intention due to coercion or duress and thus should be regarded as a dismissal, or whether it is valid as a voluntary resignation or termination by mutual agreement.
Ⅲ. Summary of the Labor Relations Commission’s Findings
The panel in this case found that the employee handwrote and submitted the resignation letter during the interview; that although the resignation letter stated, “I am unavoidably submitting this, regardless of my free will, due to the company’s recommendation and instruction,” it immediately went on to state, “I am unavoidably submitting this because I was told that I would be paid wages up to today and one additional month’s salary,” thereby showing that the employee voluntarily agreed to the consideration/benefit for the termination of the employment relationship; that, looking at the contents of the conversation during the interview, the only confirmed circumstances are that the employer recommended termination of the employment relationship and discussed the conditions for ending the employment contract, and there are no circumstances sufficient to find that the resignation letter was written under coercion or duress; and that it is difficult to regard the employee’s expression of intent to resign as a declaration not reflecting his or her true intention.
On this basis, the Commission held that there was no dismissal in this case, and that the employer’s acceptance of the resignation letter and termination of the employment relationship constituted a legitimate resignation (or termination by mutual agreement).
Ⅳ. Practical Points (From the Employee’s Perspective)
When an employee writes a resignation letter during an interview, even if the wording includes an expression such as “I am unavoidably submitting this due to recommendation/instruction,” if it also contains language accepting certain monetary compensation or conditions, the Labor Relations Commission may regard this as a voluntary intention to terminate the employment relationship. If the resignation does not reflect the employee’s true intention, the employee should avoid submitting a resignation letter as far as possible, and if it has already been submitted, it is important to promptly record in concrete terms the intention to withdraw it and the specific circumstances of any coercion.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the company’s perspective, when recommending that an employee resign in the context of restructuring or personnel conflict, it is necessary to keep objective records of the background of the interview, the content of the discussions, and the process of obtaining the employee’s consent, so that the resignation is not misunderstood as a merely formal “voluntary resignation” intended to evade the requirements for collective redundancy. In particular, if the conditions for terminating the employment relationship (such as additional wage payments) are specifically stated in the resignation letter, and the interview recordings/notes confirm that there was no coercive language or conduct, there is a high likelihood that the Labor Relations Commission will recognize the validity of the resignation or termination by mutual agreement. This is an important practical point to bear in mind.
At this boundary between unfair dismissal and resignation/voluntary resignation, it is very important for dispute prevention to consult in advance with experts such as Labor Law Firm Law& to design the wording and procedures.
2. Matters Decided
A. Case Overview and Procedural History
(i) The employee, during an interview with the employer on 18 June 2025, handwrote and submitted a resignation letter; (ii) although the resignation letter stated, “I am unavoidably submitting this, regardless of my free will, due to the company’s recommendation and instruction,” it went on to state, “I am unavoidably submitting this because I was told that I would be paid wages up to today and one additional month’s salary,” thereby confirming that the employee agreed to the consideration or benefit for terminating the employment relationship; (iii) reviewing the contents of the conversation between the employee and the employer during the interview on 18 June 2025, the only confirmed circumstances are that the employer recommended to the employee that the employment relationship be terminated and discussed the conditions for ending the employment contract, and there are no circumstances sufficient to find that the resignation letter was written under coercion or duress; and (iv) it is also difficult to regard the employee’s expression of intent to resign as a declaration not reflecting his or her true intention. In light of all these factors, the employer’s acceptance of the resignation letter and termination of the employment relationship was legitimate, and it is difficult to regard this as a dismissal.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Findings
(i) The employee, during an interview with the employer on 18 June 2025, handwrote and submitted a resignation letter; (ii) although the resignation letter stated, “I am unavoidably submitting this, regardless of my free will, due to the company’s recommendation and instruction,” it went on to state, “I am unavoidably submitting this because I was told that I would be paid wages up to today and one additional month’s salary,” thereby confirming that the employee agreed to the consideration or benefit for terminating the employment relationship; (iii) reviewing the contents of the conversation between the employee and the employer during the interview on 18 June 2025, the only confirmed circumstances are that the employer recommended to the employee that the employment relationship be terminated and discussed the conditions for ending the employment contract, and there are no circumstances sufficient to find that the resignation letter was written under coercion or duress; and (iv) it is also difficult to regard the employee’s expression of intent to resign as a declaration not reflecting his or her true intention. In light of all these factors, the employer’s acceptance of the resignation letter and termination of the employment relationship was legitimate, and it is difficult to regard this as a dismissal. /
[See More Related Decisions]
- “Unfair Dismissal Decision Concerning Expression of Intent to Resign (Resignation Remark in Telephone Call)”
- “Unfair Dismissal Decision Concerning Excessive Disciplinary Measure (Concurrent Employment · Secondhand Trading)”
- “Unfair Dismissal Decision Concerning Non-Formation of Employment Offer (Absence of Offer Letter)” – Decision date: – Case number: Initial decision upheld
[Tags]
Unfair dismissal, voluntary resignation (resignation note with recommendation remark), 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, “Unfair Dismissal Decision Concerning Excessive Disciplinary Measure (Concurrent Employment · Secondhand Trading),” in a new window.
※ The list of decisions related to voluntary resignation (resignation note with recommendation remark) can be viewed together in the “List of Decisions Related to Voluntary Resignation (Resignation Note with Recommendation Remark).”
※ Korean version of this case: Korean article
