Corporate trends / Performance record
Unfair Dismissal Case on “Resignation / Termination by Agreement (Acceptance of Employer-Proposed Retirement Date)” (Unfair Dismissal 196)
- Date2026/02/11 04:13
- Read 240
[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “resignation / termination by agreement (acceptance of employer-proposed retirement date).”
Decision Committee: Incheon Regional Labor Relations Commission 2025Buhae9017 ○ ○ ○ Application for Remedy for Unfair Dismissal
2025.12.15 · Case result: Dismissed
Summary of key issue: The employee voluntarily expressed an intention to resign and did not clearly express any objection to the employment termination date that the employer specified or modified and proposed. On the contrary, the employee complied with the subsequent procedures premised on retiring on the date proposed by the employer. Accordingly, the employment relationship is deemed to have been terminated by mutual agreement between the parties, and it is determined that there was no dismissal based on a unilateral manifestation of intent by the employer.
1. Legal Implications
Ⅰ. Case Overview
In this case, after the employee voluntarily expressed an intention to resign, the employer specified or modified and proposed the date of termination of the employment relationship. The resignation procedures then proceeded without the employee raising any particular objection. The employee subsequently filed an application for remedy for unfair dismissal with the Labor Relations Commission, but the Incheon Regional Labor Relations Commission held that the termination of the employment relationship constituted a resignation by agreement rather than a dismissal, and dismissed the employee’s application.
Ⅱ. Summary of Issues
The issue in this case is whether, “when an employee has expressed an intention to resign and then, without explicitly objecting to the retirement date proposed by the employer, follows the subsequent procedures, this should be viewed as a unilateral unfair dismissal, or as a termination of the employment relationship by resignation or termination by agreement.”
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case noted that the employee first voluntarily expressed an intention to resign; that, although the employer specified or modified and proposed the date of termination of the employment relationship, the employee did not expressly object; and that, instead, the employee complied with the subsequent resignation procedures premised on the retirement date proposed by the employer.
It therefore held that no dismissal disposition exists in this case, that the employment relationship must be regarded as having been terminated in the form of a termination by agreement combining the employee’s resignation and the employer’s acceptance, and that an unfair dismissal based on a unilateral manifestation of intent by the employer does not arise.
Ⅳ. Practical Points (From the Employee’s Perspective)
Employees should be aware that, absent special circumstances, the moment they express an intention to resign or submit a resignation letter, this may be interpreted as a manifestation of intent to terminate the employment contract. In particular, if the employer proposes or adjusts the retirement date and the employee raises no particular objection and proceeds in accordance with the resignation procedures, the Labor Relations Commission is highly likely to evaluate the situation not as an unfair dismissal, but as a “resignation or termination by agreement.”
Therefore, if you are contemplating resignation due to concerns about redundancy, pressure interviews, or similar circumstances, you should, before expressing any intention to resign, seek advice from a professional organization such as Labor Law Firm Law&, and carefully review whether and when to submit a resignation letter, its wording, and the possibility of withdrawal.
Ⅴ. Practical Points (From the Employer’s (Company’s) Perspective)
From the employer’s standpoint, it is important to maintain documentation, emails, interview records, and other materials that can objectively prove that the employee voluntarily expressed an intention to resign, that there was no coercion or undue pressure in the process of resignation or termination by agreement, and that the employee accepted, without explicit objection, the specification or modification of the retirement date.
In addition, when conducting workforce reductions for managerial reasons, such as redundancy, the procedures for resignation or termination by agreement should be based on voluntariness and free will so as to avoid disputes over unfair dismissal arising from inducing resignation. Where necessary, employers should review in advance relevant Labor Relations Commission precedents and the applicable legal principles.
2. Matters Decided
A. Case Overview and Procedural History
The employee voluntarily expressed an intention to resign and did not clearly express any objection to the date of termination of the employment relationship that the employer specified or modified and proposed. On the contrary, the employee complied with the subsequent procedures premised on retiring on the date proposed by the employer. Accordingly, it is determined that the employment relationship is deemed to have been terminated by mutual agreement between the parties, and that there was no dismissal based on a unilateral manifestation of intent by the employer.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Decision
The employee voluntarily expressed an intention to resign and did not clearly express any objection to the date of termination of the employment relationship that the employer specified or modified and proposed. On the contrary, the employee complied with the subsequent procedures premised on retiring on the date proposed by the employer. Accordingly, it is determined that the employment relationship is deemed to have been terminated by mutual agreement between the parties, and that there was no dismissal based on a unilateral manifestation of intent by the employer. /
[See More Related Decisions]
- “Unfair Dismissal Decision on ‘Expiration of Contract Term (Short-Term Fixed-Term Employment)’”
- “Unfair Dismissal Decision on ‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’”
- “Unfair Dismissal Decision on ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of decision: – Case result: Dismissed
[Tags]
Unfair dismissal, resignation / termination by agreement (acceptance of employer-proposed retirement date), 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 one of the “Unfair Dismissal Decision” series by Labor Law Firm Law&.
※ You can view the previous article, “Unfair Dismissal Decision on ‘Expiration of Contract Term (Short-Term Fixed-Term Employment)’,” in a new window.
※ The list of decisions related to resignation / termination by agreement (acceptance of employer-proposed retirement date) can also be found in the “List of Decisions on Resignation / Termination by Agreement (Acceptance of Employer-Proposed Retirement Date).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “resignation / termination by agreement (acceptance of employer-proposed retirement date).”
Decision Committee: Incheon Regional Labor Relations Commission 2025Buhae9017 ○ ○ ○ Application for Remedy for Unfair Dismissal
2025.12.15 · Case result: Dismissed
Summary of key issue: The employee voluntarily expressed an intention to resign and did not clearly express any objection to the employment termination date that the employer specified or modified and proposed. On the contrary, the employee complied with the subsequent procedures premised on retiring on the date proposed by the employer. Accordingly, the employment relationship is deemed to have been terminated by mutual agreement between the parties, and it is determined that there was no dismissal based on a unilateral manifestation of intent by the employer.
1. Legal Implications
Ⅰ. Case Overview
In this case, after the employee voluntarily expressed an intention to resign, the employer specified or modified and proposed the date of termination of the employment relationship. The resignation procedures then proceeded without the employee raising any particular objection. The employee subsequently filed an application for remedy for unfair dismissal with the Labor Relations Commission, but the Incheon Regional Labor Relations Commission held that the termination of the employment relationship constituted a resignation by agreement rather than a dismissal, and dismissed the employee’s application.
Ⅱ. Summary of Issues
The issue in this case is whether, “when an employee has expressed an intention to resign and then, without explicitly objecting to the retirement date proposed by the employer, follows the subsequent procedures, this should be viewed as a unilateral unfair dismissal, or as a termination of the employment relationship by resignation or termination by agreement.”
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case noted that the employee first voluntarily expressed an intention to resign; that, although the employer specified or modified and proposed the date of termination of the employment relationship, the employee did not expressly object; and that, instead, the employee complied with the subsequent resignation procedures premised on the retirement date proposed by the employer.
It therefore held that no dismissal disposition exists in this case, that the employment relationship must be regarded as having been terminated in the form of a termination by agreement combining the employee’s resignation and the employer’s acceptance, and that an unfair dismissal based on a unilateral manifestation of intent by the employer does not arise.
Ⅳ. Practical Points (From the Employee’s Perspective)
Employees should be aware that, absent special circumstances, the moment they express an intention to resign or submit a resignation letter, this may be interpreted as a manifestation of intent to terminate the employment contract. In particular, if the employer proposes or adjusts the retirement date and the employee raises no particular objection and proceeds in accordance with the resignation procedures, the Labor Relations Commission is highly likely to evaluate the situation not as an unfair dismissal, but as a “resignation or termination by agreement.”
Therefore, if you are contemplating resignation due to concerns about redundancy, pressure interviews, or similar circumstances, you should, before expressing any intention to resign, seek advice from a professional organization such as Labor Law Firm Law&, and carefully review whether and when to submit a resignation letter, its wording, and the possibility of withdrawal.
Ⅴ. Practical Points (From the Employer’s (Company’s) Perspective)
From the employer’s standpoint, it is important to maintain documentation, emails, interview records, and other materials that can objectively prove that the employee voluntarily expressed an intention to resign, that there was no coercion or undue pressure in the process of resignation or termination by agreement, and that the employee accepted, without explicit objection, the specification or modification of the retirement date.
In addition, when conducting workforce reductions for managerial reasons, such as redundancy, the procedures for resignation or termination by agreement should be based on voluntariness and free will so as to avoid disputes over unfair dismissal arising from inducing resignation. Where necessary, employers should review in advance relevant Labor Relations Commission precedents and the applicable legal principles.
2. Matters Decided
A. Case Overview and Procedural History
The employee voluntarily expressed an intention to resign and did not clearly express any objection to the date of termination of the employment relationship that the employer specified or modified and proposed. On the contrary, the employee complied with the subsequent procedures premised on retiring on the date proposed by the employer. Accordingly, it is determined that the employment relationship is deemed to have been terminated by mutual agreement between the parties, and that there was no dismissal based on a unilateral manifestation of intent by the employer.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Decision
The employee voluntarily expressed an intention to resign and did not clearly express any objection to the date of termination of the employment relationship that the employer specified or modified and proposed. On the contrary, the employee complied with the subsequent procedures premised on retiring on the date proposed by the employer. Accordingly, it is determined that the employment relationship is deemed to have been terminated by mutual agreement between the parties, and that there was no dismissal based on a unilateral manifestation of intent by the employer. /
[See More Related Decisions]
- “Unfair Dismissal Decision on ‘Expiration of Contract Term (Short-Term Fixed-Term Employment)’”
- “Unfair Dismissal Decision on ‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’”
- “Unfair Dismissal Decision on ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of decision: – Case result: Dismissed
[Tags]
Unfair dismissal, resignation / termination by agreement (acceptance of employer-proposed retirement date), 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 one of the “Unfair Dismissal Decision” series by Labor Law Firm Law&.
※ You can view the previous article, “Unfair Dismissal Decision on ‘Expiration of Contract Term (Short-Term Fixed-Term Employment)’,” in a new window.
※ The list of decisions related to resignation / termination by agreement (acceptance of employer-proposed retirement date) can also be found in the “List of Decisions on Resignation / Termination by Agreement (Acceptance of Employer-Proposed Retirement Date).”
※ Korean version of this case: Korean article
