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Case on Unfair Dismissal Relating to “Withdrawal of Notice of Resignation (E-7-4 Visa Foreign Worker)” (Unfair Dismissal 182)
- Date2026/02/06 04:12
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[Case Information]
This case is a decision that was concluded with the first-instance decision being upheld, concerning the issue of “withdrawal of notice of resignation (E-7-4 visa foreign worker).”
Decision Committee: Central Labor Relations Commission 2025BuHae1234 ○ ○ ○ Unfair Dismissal Relief Re-Examination Application
2025.12.15 · Case Result: First-Instance Decision Upheld
Summary of Key Issues: The worker clearly expressed an intention to resign by notifying the employer of his resignation, and by submitting a handwritten resignation form to the manager in which he personally wrote down the reason for resignation and signed it. As the worker held an E-7-4 visa, a change of workplace was only possible in exceptional cases, such as when the employer issues a transfer consent form or where there is clear fault attributable to the company. Nonetheless, he submitted his resignation without checking these facts in advance, which was deemed a serious fault on the part of the worker...
1. Legal Implications
Ⅰ. Case Overview
This unfair dismissal case concerns a re-examination before the Labor Relations Commission, where a foreign worker expressed his intention to resign to the employer and submitted a handwritten resignation form, then attempted to withdraw that resignation approximately one hour later. The Central Labor Relations Commission upheld the first-instance decision, comprehensively considering the worker’s expression of intent to resign, the possibility of withdrawing that intent, and the characteristics of the E-7-4 visa in determining the effectiveness of the termination of the employment relationship and whether unfair dismissal had occurred. Based on the Commission’s reasoning, this article summarizes the practical implications that Labor Law Firm Law& can draw from the case.
Ⅱ. Summary of Issues
The issue in this case is whether, when a worker has explicitly submitted a resignation letter and then claims to have withdrawn that notice of resignation within a short period of time, the resignation can be viewed as a dismissal, and whether the withdrawal of the resignation is valid so that there remains a substantive interest in seeking a remedy for unfair dismissal. In particular, the case also raised the question of whether the worker, as a foreign worker holding an E-7-4 visa whose ability to move to another workplace is restricted after resignation, was seriously at fault in submitting the resignation letter.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The decision panel found that the worker had clearly expressed his intention to resign by verbally notifying the employer of his resignation and by submitting to the manager a resignation form on which he personally wrote down the reason for resignation and signed. It further held that, given the nature of the E-7-4 visa, a change of workplace is only possible in exceptional cases—such as when the employer issues a transfer consent form or where there is fault attributable to the company—yet the worker submitted his resignation without confirming these matters in advance, the worker was seriously at fault. The panel also noted that submission of the resignation letter constituted a “notice of termination,” i.e., a unilateral notice of termination of the employment contract, and once such expression of intent had reached the employer, it could not be withdrawn without the employer’s consent.
Accordingly, even though the worker attempted to retract his intention to resign about one hour later, the notice of resignation that had already reached the employer was deemed to remain effective. The Commission held that the employment relationship between the parties had ended when the employer accepted the worker’s notice of resignation, and that this could not be regarded as a dismissal based on the employer’s unilateral will. Therefore, unfair dismissal was not established.
Ⅳ. Practical Points (From the Worker’s Perspective)
Workers should bear in mind that, absent special circumstances, the act of drafting and submitting a handwritten resignation form is regarded as a powerful expression of intent to resign that legally terminates the employment contract. Particularly in cases like this one, where the resignation is evaluated as a “notice of termination” (unilateral notice of termination), once the resignation letter has reached the employer, it cannot be withdrawn without the employer’s consent. Workers must clearly recognize that if they submit a resignation letter in the heat of the moment and then immediately try to retract it, it may already be too late.
In addition, for foreign workers holding residence statuses such as the E-7-4 visa, under which changes of workplace are strictly limited, resignation can directly lead to loss of status of stay or serious difficulty in changing that status. Before expressing an intention to resign, such workers must verify the legal and administrative risks under the Immigration Control Act, including whether a transfer consent form from the employer is required and whether there exists any fault attributable to the company.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the employer’s perspective, where there is a resignation letter that the worker has personally drafted and signed, and its authenticity and voluntariness are recognized, the termination of the employment relationship can be evaluated as a resignation or mutual termination. In such cases, the employer is in a relatively favorable position in an unfair dismissal dispute. However, if the employer coerces the worker into resigning in order to obtain such a resignation letter, or disguises an actual dismissal in the form of a voluntary resignation, the situation may be assessed as an “expression of intent not reflecting true intent” or as a de facto dismissal. Employers must therefore carefully ensure the voluntariness of the worker’s expression of intent to resign and the transparency of the process.
For foreign workers, resignation may have a significant impact on their status of stay depending on the type of visa (such as E-7-4). It is therefore helpful, during any interview process, to fully explain the legal effects of resignation and the visa-related risks, and to keep records of the content of the interview and the explanations provided, in order to prevent disputes. In particular, where a worker requests withdrawal of the resignation immediately after submitting the resignation letter, documenting the timing, circumstances, and the company’s response can later serve as evidence before the Labor Relations Commission regarding the genuineness of the resignation and the possibility of its withdrawal.
2. Matters Decided
a. Case Overview and Procedural History
The worker clearly expressed his intention to resign by notifying the employer of his resignation and by submitting to the manager a resignation form in which he personally wrote down the reason for resignation and signed it. As the worker held an E-7-4 visa, a change of workplace was only possible in exceptional cases, such as when the employer issues a transfer consent form or where there is clear fault attributable to the company. Nonetheless, he submitted his resignation without confirming these facts in advance, which was deemed a serious fault on the part of the worker. Even if the worker withdrew his notice of resignation one hour after submitting the resignation letter, the submission of the resignation form constituted a notice of termination, and once the notice of resignation had reached the employer, it could not be withdrawn without the employer’s consent. In light of these circumstances, the employment relationship between the parties ended when the employer accepted the worker’s notice of resignation, and does not exist thereafter.
3. Summary of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
The worker clearly expressed his intention to resign by notifying the employer of his resignation and by submitting to the manager a resignation form in which he personally wrote down the reason for resignation and signed it. As the worker held an E-7-4 visa, a change of workplace was only possible in exceptional cases, such as when the employer issues a transfer consent form or where there is clear fault attributable to the company. Nonetheless, he submitted his resignation without confirming these facts in advance, which was deemed a serious fault on the part of the worker. Even if the worker withdrew his notice of resignation one hour after submitting the resignation letter, the submission of the resignation form constituted a notice of termination, and once the notice of resignation had reached the employer, it could not be withdrawn without the employer’s consent. In light of these circumstances, the employment relationship between the parties ended when the employer accepted the worker’s notice of resignation, and does not exist thereafter. /
[More Related Decisions]
- “Case on Unfair Dismissal Relating to ‘Notice of Resignation (Resignation by Telephone Call)’”
- “Case on Unfair Dismissal Relating to ‘Existence of Dismissal (KakaoTalk Message · Verbal Notice)’”
- “Case on Unfair Dismissal Relating to ‘Dismissal of Application (Failure to Appear at Hearing)’” – Date of Decision: - Case Number: Dismissed
[Tags]
Unfair dismissal, withdrawal of notice of resignation (E-7-4 visa foreign worker), 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, “Case on Unfair Dismissal Relating to ‘Existence of Dismissal (KakaoTalk Message · Verbal Notice)’,” in a new window.
※ A list of decisions relating to withdrawal of notice of resignation (E-7-4 visa foreign worker) can be found under “List of Decisions on Withdrawal of Notice of Resignation (E-7-4 Visa Foreign Worker).”
※ Korean version of this case: Korean article
This case is a decision that was concluded with the first-instance decision being upheld, concerning the issue of “withdrawal of notice of resignation (E-7-4 visa foreign worker).”
Decision Committee: Central Labor Relations Commission 2025BuHae1234 ○ ○ ○ Unfair Dismissal Relief Re-Examination Application
2025.12.15 · Case Result: First-Instance Decision Upheld
Summary of Key Issues: The worker clearly expressed an intention to resign by notifying the employer of his resignation, and by submitting a handwritten resignation form to the manager in which he personally wrote down the reason for resignation and signed it. As the worker held an E-7-4 visa, a change of workplace was only possible in exceptional cases, such as when the employer issues a transfer consent form or where there is clear fault attributable to the company. Nonetheless, he submitted his resignation without checking these facts in advance, which was deemed a serious fault on the part of the worker...
1. Legal Implications
Ⅰ. Case Overview
This unfair dismissal case concerns a re-examination before the Labor Relations Commission, where a foreign worker expressed his intention to resign to the employer and submitted a handwritten resignation form, then attempted to withdraw that resignation approximately one hour later. The Central Labor Relations Commission upheld the first-instance decision, comprehensively considering the worker’s expression of intent to resign, the possibility of withdrawing that intent, and the characteristics of the E-7-4 visa in determining the effectiveness of the termination of the employment relationship and whether unfair dismissal had occurred. Based on the Commission’s reasoning, this article summarizes the practical implications that Labor Law Firm Law& can draw from the case.
Ⅱ. Summary of Issues
The issue in this case is whether, when a worker has explicitly submitted a resignation letter and then claims to have withdrawn that notice of resignation within a short period of time, the resignation can be viewed as a dismissal, and whether the withdrawal of the resignation is valid so that there remains a substantive interest in seeking a remedy for unfair dismissal. In particular, the case also raised the question of whether the worker, as a foreign worker holding an E-7-4 visa whose ability to move to another workplace is restricted after resignation, was seriously at fault in submitting the resignation letter.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The decision panel found that the worker had clearly expressed his intention to resign by verbally notifying the employer of his resignation and by submitting to the manager a resignation form on which he personally wrote down the reason for resignation and signed. It further held that, given the nature of the E-7-4 visa, a change of workplace is only possible in exceptional cases—such as when the employer issues a transfer consent form or where there is fault attributable to the company—yet the worker submitted his resignation without confirming these matters in advance, the worker was seriously at fault. The panel also noted that submission of the resignation letter constituted a “notice of termination,” i.e., a unilateral notice of termination of the employment contract, and once such expression of intent had reached the employer, it could not be withdrawn without the employer’s consent.
Accordingly, even though the worker attempted to retract his intention to resign about one hour later, the notice of resignation that had already reached the employer was deemed to remain effective. The Commission held that the employment relationship between the parties had ended when the employer accepted the worker’s notice of resignation, and that this could not be regarded as a dismissal based on the employer’s unilateral will. Therefore, unfair dismissal was not established.
Ⅳ. Practical Points (From the Worker’s Perspective)
Workers should bear in mind that, absent special circumstances, the act of drafting and submitting a handwritten resignation form is regarded as a powerful expression of intent to resign that legally terminates the employment contract. Particularly in cases like this one, where the resignation is evaluated as a “notice of termination” (unilateral notice of termination), once the resignation letter has reached the employer, it cannot be withdrawn without the employer’s consent. Workers must clearly recognize that if they submit a resignation letter in the heat of the moment and then immediately try to retract it, it may already be too late.
In addition, for foreign workers holding residence statuses such as the E-7-4 visa, under which changes of workplace are strictly limited, resignation can directly lead to loss of status of stay or serious difficulty in changing that status. Before expressing an intention to resign, such workers must verify the legal and administrative risks under the Immigration Control Act, including whether a transfer consent form from the employer is required and whether there exists any fault attributable to the company.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the employer’s perspective, where there is a resignation letter that the worker has personally drafted and signed, and its authenticity and voluntariness are recognized, the termination of the employment relationship can be evaluated as a resignation or mutual termination. In such cases, the employer is in a relatively favorable position in an unfair dismissal dispute. However, if the employer coerces the worker into resigning in order to obtain such a resignation letter, or disguises an actual dismissal in the form of a voluntary resignation, the situation may be assessed as an “expression of intent not reflecting true intent” or as a de facto dismissal. Employers must therefore carefully ensure the voluntariness of the worker’s expression of intent to resign and the transparency of the process.
For foreign workers, resignation may have a significant impact on their status of stay depending on the type of visa (such as E-7-4). It is therefore helpful, during any interview process, to fully explain the legal effects of resignation and the visa-related risks, and to keep records of the content of the interview and the explanations provided, in order to prevent disputes. In particular, where a worker requests withdrawal of the resignation immediately after submitting the resignation letter, documenting the timing, circumstances, and the company’s response can later serve as evidence before the Labor Relations Commission regarding the genuineness of the resignation and the possibility of its withdrawal.
2. Matters Decided
a. Case Overview and Procedural History
The worker clearly expressed his intention to resign by notifying the employer of his resignation and by submitting to the manager a resignation form in which he personally wrote down the reason for resignation and signed it. As the worker held an E-7-4 visa, a change of workplace was only possible in exceptional cases, such as when the employer issues a transfer consent form or where there is clear fault attributable to the company. Nonetheless, he submitted his resignation without confirming these facts in advance, which was deemed a serious fault on the part of the worker. Even if the worker withdrew his notice of resignation one hour after submitting the resignation letter, the submission of the resignation form constituted a notice of termination, and once the notice of resignation had reached the employer, it could not be withdrawn without the employer’s consent. In light of these circumstances, the employment relationship between the parties ended when the employer accepted the worker’s notice of resignation, and does not exist thereafter.
3. Summary of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
The worker clearly expressed his intention to resign by notifying the employer of his resignation and by submitting to the manager a resignation form in which he personally wrote down the reason for resignation and signed it. As the worker held an E-7-4 visa, a change of workplace was only possible in exceptional cases, such as when the employer issues a transfer consent form or where there is clear fault attributable to the company. Nonetheless, he submitted his resignation without confirming these facts in advance, which was deemed a serious fault on the part of the worker. Even if the worker withdrew his notice of resignation one hour after submitting the resignation letter, the submission of the resignation form constituted a notice of termination, and once the notice of resignation had reached the employer, it could not be withdrawn without the employer’s consent. In light of these circumstances, the employment relationship between the parties ended when the employer accepted the worker’s notice of resignation, and does not exist thereafter. /
[More Related Decisions]
- “Case on Unfair Dismissal Relating to ‘Notice of Resignation (Resignation by Telephone Call)’”
- “Case on Unfair Dismissal Relating to ‘Existence of Dismissal (KakaoTalk Message · Verbal Notice)’”
- “Case on Unfair Dismissal Relating to ‘Dismissal of Application (Failure to Appear at Hearing)’” – Date of Decision: - Case Number: Dismissed
[Tags]
Unfair dismissal, withdrawal of notice of resignation (E-7-4 visa foreign worker), 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, “Case on Unfair Dismissal Relating to ‘Existence of Dismissal (KakaoTalk Message · Verbal Notice)’,” in a new window.
※ A list of decisions relating to withdrawal of notice of resignation (E-7-4 visa foreign worker) can be found under “List of Decisions on Withdrawal of Notice of Resignation (E-7-4 Visa Foreign Worker).”
※ Korean version of this case: Korean article
