Corporate trends / Performance record
Case Precedent on Unfair Dismissal Relating to “Extinction of Interest in Relief (Reprimand After Submission of Resignation Letter)” (Unfair Dismissal 246)
- Date2026/03/01 04:08
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[Case Information]
This case is a precedent in which the employer prevailed (dismissal of the application) on the issue of “extinction of interest in relief (reprimand after submission of resignation letter).”
Adjudicating Body: Jeju Regional Labor Relations Commission
2025 Unfair Dismissal Case No. 256 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.01.20 · Case outcome: Dismissed
Summary of key issue: The employee submitted a resignation letter, and the employment contract validly terminated as of 1 December 2025. Nevertheless, on 19 December 2025, the employee filed an application for remedy against a reprimand. As the employee had already lost employee status at the time of the application, any interest in obtaining a remedial order from the Labor Relations Commission had extinguished.
1. Legal Implications
Ⅰ. Case Overview
In this case, after receiving a reprimand as a disciplinary measure from the employer, the employee filed an application with the Labor Relations Commission seeking a remedy for unfair dismissal and unfair disciplinary action. However, prior to that, the employee had already submitted a resignation letter, and the employment contract had terminated as of 1 December 2025. The fact that the employee then filed an application for remedy against the reprimand on 19 December 2025 became the central issue.
Focusing on the timing of the termination of the employment contract and the timing of the application for remedy, the Labor Relations Commission examined whether the employee still had a legally protectable interest (interest in relief) in obtaining a remedial order from the Commission.
Ⅱ. Summary of Issues
The issue in this case is:
“Where an employee has already submitted a resignation letter and the employment contract has terminated, does an interest in relief still exist for purposes of obtaining a remedial order from the Labor Relations Commission when the employee files an application for remedy for unfair dismissal (unfair personnel action) in relation to a prior reprimand?”
Ⅲ. Summary of the Labor Relations Commission’s Decision
The adjudicating panel in this case found that the employee had submitted a resignation letter and the employment contract had validly terminated as of 1 December 2025; that the employee filed the application for remedy against the reprimand thereafter, on 19 December 2025; and that, as of the time of the application, the employee had already lost employee status, such that even if an order for reinstatement to the original position or for cancellation of the disciplinary action were issued, there would be no substantive position to restore.
Accordingly, the panel held that, as there were no rights or status that the employee could restore through a remedial order of the Labor Relations Commission, the employee’s interest in relief had extinguished.
Therefore, before considering whether the dismissal in this case was unfair, the panel determined that there was no practical benefit in maintaining the Labor Relations Commission remedy procedure itself, and dismissed the employee’s application for remedy.
Ⅳ. Practical Points (From the Employee’s Perspective)
Once an employee submits a resignation letter and the employment relationship has ended, even if the employee believes that a prior disciplinary measure or dismissal was unfair, the interest in relief may not be recognized in an unfair dismissal/unfair disciplinary action remedy procedure before the Labor Relations Commission. If you wish to contest such measures, you should promptly file an application for remedy with the Labor Relations Commission before submitting a resignation letter, while you still retain employee status.
If you have already left the company, any reduction in wages, severance pay, etc. resulting from the disciplinary measure must be contested through separate procedures such as civil litigation. You are advised to consult with a professional labor attorney, such as at Labor Law Firm Law&, to determine which route is practically most advantageous.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
From the employer’s standpoint, where an employee has submitted a resignation letter and the employment contract has terminated, and the employee subsequently files an application for remedy for unfair dismissal or unfair disciplinary action, it is necessary to closely examine whether there is any realistic possibility of implementing an order for reinstatement to the original position or cancellation of the disciplinary action, and whether an interest in relief exists, and to actively contest this at the Labor Relations Commission stage. In particular, not only redundancy dismissals or disciplinary dismissals, but also disciplinary measures such as reprimands and wage reductions can be the subject of applications for remedy. It is therefore important to clearly organize the timing and effect of disciplinary measures before and after resignation.
However, even if the interest in relief is found to have extinguished in the Labor Relations Commission remedy procedure, the disciplinary or personnel measures may still give rise to issues of damages or wage claims in civil litigation. Accordingly, employers should always ensure that the grounds and procedures for disciplinary actions comply with the law and with the company’s rules of employment.
2. Matters Adjudicated
A. Case Overview and Procedural History
Although the employee submitted a resignation letter and the employment contract validly terminated as of 1 December 2025, the employee filed an application for remedy against the reprimand on 19 December 2025. As the employee had already lost employee status at the time of the application, the interest in obtaining a remedial order from the Labor Relations Commission had extinguished.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Decision
Although the employee submitted a resignation letter and the employment contract validly terminated as of 1 December 2025, the employee filed an application for remedy against the reprimand on 19 December 2025. As the employee had already lost employee status at the time of the application, the interest in obtaining a remedial order from the Labor Relations Commission had extinguished. /
[See More Related Precedents]
- “‘Non-Formation of Hiring Decision (Absence of Offer Letter)’ Unfair Dismissal Case Precedent” – Decision date: - Case outcome: First-instance decision upheld
- “‘Dismissal (Non-Appearance at Hearing)’ Unfair Dismissal Case Precedent” – Decision date: - Case outcome: Dismissed
- “‘Expression of Intent to Resign (Resignation Statement During Telephone Call)’ Unfair Dismissal Case Precedent”
[Tags]
Unfair dismissal, extinction of interest in relief (reprimand after submission of resignation letter), 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 Case Precedents” series by Labor Law Firm Law&.
※ You can view the previous article, “‘Automatic Dismissal (Absence Without Leave for 5 Days or More)’ Unfair Dismissal Case Precedent,” in a new window.
※ A list of case precedents relating to extinction of interest in relief (reprimand after submission of resignation letter) can be viewed together in the “List of Case Precedents on Extinction of Interest in Relief (Reprimand After Submission of Resignation Letter).”
※ Korean version of this case: Korean article
This case is a precedent in which the employer prevailed (dismissal of the application) on the issue of “extinction of interest in relief (reprimand after submission of resignation letter).”
Adjudicating Body: Jeju Regional Labor Relations Commission
2025 Unfair Dismissal Case No. 256 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.01.20 · Case outcome: Dismissed
Summary of key issue: The employee submitted a resignation letter, and the employment contract validly terminated as of 1 December 2025. Nevertheless, on 19 December 2025, the employee filed an application for remedy against a reprimand. As the employee had already lost employee status at the time of the application, any interest in obtaining a remedial order from the Labor Relations Commission had extinguished.
1. Legal Implications
Ⅰ. Case Overview
In this case, after receiving a reprimand as a disciplinary measure from the employer, the employee filed an application with the Labor Relations Commission seeking a remedy for unfair dismissal and unfair disciplinary action. However, prior to that, the employee had already submitted a resignation letter, and the employment contract had terminated as of 1 December 2025. The fact that the employee then filed an application for remedy against the reprimand on 19 December 2025 became the central issue.
Focusing on the timing of the termination of the employment contract and the timing of the application for remedy, the Labor Relations Commission examined whether the employee still had a legally protectable interest (interest in relief) in obtaining a remedial order from the Commission.
Ⅱ. Summary of Issues
The issue in this case is:
“Where an employee has already submitted a resignation letter and the employment contract has terminated, does an interest in relief still exist for purposes of obtaining a remedial order from the Labor Relations Commission when the employee files an application for remedy for unfair dismissal (unfair personnel action) in relation to a prior reprimand?”
Ⅲ. Summary of the Labor Relations Commission’s Decision
The adjudicating panel in this case found that the employee had submitted a resignation letter and the employment contract had validly terminated as of 1 December 2025; that the employee filed the application for remedy against the reprimand thereafter, on 19 December 2025; and that, as of the time of the application, the employee had already lost employee status, such that even if an order for reinstatement to the original position or for cancellation of the disciplinary action were issued, there would be no substantive position to restore.
Accordingly, the panel held that, as there were no rights or status that the employee could restore through a remedial order of the Labor Relations Commission, the employee’s interest in relief had extinguished.
Therefore, before considering whether the dismissal in this case was unfair, the panel determined that there was no practical benefit in maintaining the Labor Relations Commission remedy procedure itself, and dismissed the employee’s application for remedy.
Ⅳ. Practical Points (From the Employee’s Perspective)
Once an employee submits a resignation letter and the employment relationship has ended, even if the employee believes that a prior disciplinary measure or dismissal was unfair, the interest in relief may not be recognized in an unfair dismissal/unfair disciplinary action remedy procedure before the Labor Relations Commission. If you wish to contest such measures, you should promptly file an application for remedy with the Labor Relations Commission before submitting a resignation letter, while you still retain employee status.
If you have already left the company, any reduction in wages, severance pay, etc. resulting from the disciplinary measure must be contested through separate procedures such as civil litigation. You are advised to consult with a professional labor attorney, such as at Labor Law Firm Law&, to determine which route is practically most advantageous.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
From the employer’s standpoint, where an employee has submitted a resignation letter and the employment contract has terminated, and the employee subsequently files an application for remedy for unfair dismissal or unfair disciplinary action, it is necessary to closely examine whether there is any realistic possibility of implementing an order for reinstatement to the original position or cancellation of the disciplinary action, and whether an interest in relief exists, and to actively contest this at the Labor Relations Commission stage. In particular, not only redundancy dismissals or disciplinary dismissals, but also disciplinary measures such as reprimands and wage reductions can be the subject of applications for remedy. It is therefore important to clearly organize the timing and effect of disciplinary measures before and after resignation.
However, even if the interest in relief is found to have extinguished in the Labor Relations Commission remedy procedure, the disciplinary or personnel measures may still give rise to issues of damages or wage claims in civil litigation. Accordingly, employers should always ensure that the grounds and procedures for disciplinary actions comply with the law and with the company’s rules of employment.
2. Matters Adjudicated
A. Case Overview and Procedural History
Although the employee submitted a resignation letter and the employment contract validly terminated as of 1 December 2025, the employee filed an application for remedy against the reprimand on 19 December 2025. As the employee had already lost employee status at the time of the application, the interest in obtaining a remedial order from the Labor Relations Commission had extinguished.
3. Gist of the Decision
A. Summary of the Labor Relations Commission’s Decision
Although the employee submitted a resignation letter and the employment contract validly terminated as of 1 December 2025, the employee filed an application for remedy against the reprimand on 19 December 2025. As the employee had already lost employee status at the time of the application, the interest in obtaining a remedial order from the Labor Relations Commission had extinguished. /
[See More Related Precedents]
- “‘Non-Formation of Hiring Decision (Absence of Offer Letter)’ Unfair Dismissal Case Precedent” – Decision date: - Case outcome: First-instance decision upheld
- “‘Dismissal (Non-Appearance at Hearing)’ Unfair Dismissal Case Precedent” – Decision date: - Case outcome: Dismissed
- “‘Expression of Intent to Resign (Resignation Statement During Telephone Call)’ Unfair Dismissal Case Precedent”
[Tags]
Unfair dismissal, extinction of interest in relief (reprimand after submission of resignation letter), 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 Case Precedents” series by Labor Law Firm Law&.
※ You can view the previous article, “‘Automatic Dismissal (Absence Without Leave for 5 Days or More)’ Unfair Dismissal Case Precedent,” in a new window.
※ A list of case precedents relating to extinction of interest in relief (reprimand after submission of resignation letter) can be viewed together in the “List of Case Precedents on Extinction of Interest in Relief (Reprimand After Submission of Resignation Letter).”
※ Korean version of this case: Korean article
