Corporate trends / Performance record
Unfair Dismissal Decision on “Acceptance of Resignation Letter (Voluntary Resignation or Not)” (Unfair Dismissal 301)
- Date2026/03/20 04:13
- Read 191
This case concerns an unfair dismissal decision in which the employer ultimately prevailed (application dismissed) on the issue of “acceptance of resignation letter (whether the resignation was voluntary).”
[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “acceptance of resignation letter (whether the resignation was voluntary).”
Decision-making body: Incheon Regional Labor Relations Commission, 2025 Unfair Dismissal 9122 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.01.12 · Case result: Dismissed
Summary of key issue: Since the employer accepted the employee’s resignation letter and thereby terminated the employment relationship, it is difficult to view the termination as having been effected unilaterally by the employer. Accordingly, no dismissal exists.
1. Legal Implications
Ⅰ. Case Overview
In this case, after the employee submitted a resignation letter and the employer accepted it, the employment relationship was terminated. The employee then filed an application for remedy with the Labor Relations Commission, claiming that this constituted unfair dismissal. The Incheon Regional Labor Relations Commission examined, based on the submission of the resignation letter and the surrounding circumstances, whether the termination of the employment relationship was a dismissal, or instead a voluntary resignation or termination by mutual agreement.
Ⅱ. Issues in Dispute
The issue in this case is whether, in a situation where an employee has submitted a “resignation letter” and the employer has accepted it, the termination of the employment relationship can be regarded as a dismissal based on the employer’s unilateral intent, or whether it should be viewed as the employee’s resignation or a termination by mutual agreement.
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case noted that the employer accepted the resignation letter submitted by the employee and thereby terminated the employment relationship; that the document itself was titled “Resignation Letter” and listed the reason for leaving as “personal reasons”; and that, after submitting the resignation letter, the employee voluntarily returned their access card and left work early.
In light of these facts, the panel found it reasonable to regard the resignation letter as containing a manifestation of intent by the employee requesting termination of the employment relationship. It further found that there were no circumstances indicating that this was a declaration of intent not reflecting the employee’s true will, such as in cases where an employer forces an employee who has no intention of resigning to submit a resignation letter and then treats it as a voluntary resignation in form only. The panel also held that, where a valid manifestation of intent to resign exists in the form of a unilateral notice of termination by the employee or an offer to terminate by mutual agreement, the employer’s acceptance constitutes retirement, not dismissal.
On this basis, the panel held that no dismissal existed in this case and therefore the matter did not constitute unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
If an employee prepares and submits a document titled “Resignation Letter,” states “personal reasons” as the reason for leaving, and then engages in conduct premised on resignation—such as returning their access card and leaving work early—it becomes very difficult, at a later stage, to argue successfully that “there was no genuine intention to resign.” If the intention to resign is unclear, or if emotions are running high, it is advisable to postpone submitting any written document and to preserve records of the specific background and any pressure from the company via text message, email, etc. Such records can become important evidence in any future dispute over unfair dismissal.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the company’s standpoint, to prevent unfair dismissal disputes, it is important to clarify the resignation form and submission procedures, avoid statements in resignation-confirmation interviews that could be misunderstood as coercion or undue pressure, and keep records of the course of such interviews. In particular, in the context of redundancy or restructuring, requiring employees to submit resignation letters en masse carries a high risk of being evaluated as a de facto dismissal in the guise of voluntary resignation. The boundary between resignation and dismissal should therefore be clearly maintained, and, where necessary, procedures should be designed with advice from experts such as Labor Law Firm Law&.
2. Matters Decided
A. Case Overview and Procedural History
Since the employer accepted the employee’s resignation letter and thereby terminated the employment relationship, it is difficult to view the termination as having been effected unilaterally by the employer, and thus no dismissal exists. The employee argued that the resignation letter contained nothing that could be interpreted as a unilateral notice of termination or an offer to terminate by mutual agreement. However, the resignation letter submitted by the employee was itself titled “Resignation Letter,” and, given that the reason for leaving was stated as personal reasons, it is reasonable to view it as containing a manifestation of intent requesting termination of the employment relationship. In addition, considering that, after submitting the resignation letter, the employee voluntarily returned their access card and left work early, it is also difficult to find that Manager A coerced or pressured the employee into resigning.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Reasoning
Since the employer accepted the employee’s resignation letter and thereby terminated the employment relationship, it is difficult to view the termination as having been effected unilaterally by the employer, and thus no dismissal exists. The employee argued that the resignation letter contained nothing that could be interpreted as a unilateral notice of termination or an offer to terminate by mutual agreement. However, the resignation letter submitted by the employee was itself titled “Resignation Letter,” and, given that the reason for leaving was stated as personal reasons, it is reasonable to view it as containing a manifestation of intent requesting termination of the employment relationship. In addition, considering that, after submitting the resignation letter, the employee voluntarily returned their access card and left work early, it is also difficult to find that Manager A coerced or pressured the employee into resigning. /
[See More Related Decisions]
- “Unfair Dismissal Decision on ‘Manifestation of Intention to Resign (Resignation Remark in Telephone Call)’”
- “Unfair Dismissal Decision on ‘Dismissal of Application (Non-Appearance at Hearing)’” – Decision date: – Case result: Dismissed
- “Unfair Dismissal Decision on ‘Appropriateness of Disciplinary Measure (Allowing Cabin Baggage on Board Without Security Screening)’”
[Tags]
Unfair dismissal, acceptance of resignation letter (whether resignation was voluntary), 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 Decision on ‘Appropriateness of Disciplinary Measure (Allowing Cabin Baggage on Board Without Security Screening)’,” can be viewed in a new window.
※ The list of decisions related to acceptance of resignation letter (whether resignation was voluntary) can be viewed in the “List of Decisions Related to Acceptance of Resignation Letter (Whether Resignation Was Voluntary)” in a new window.
※ Korean version of this case: Korean article
[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “acceptance of resignation letter (whether the resignation was voluntary).”
Decision-making body: Incheon Regional Labor Relations Commission, 2025 Unfair Dismissal 9122 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.01.12 · Case result: Dismissed
Summary of key issue: Since the employer accepted the employee’s resignation letter and thereby terminated the employment relationship, it is difficult to view the termination as having been effected unilaterally by the employer. Accordingly, no dismissal exists.
1. Legal Implications
Ⅰ. Case Overview
In this case, after the employee submitted a resignation letter and the employer accepted it, the employment relationship was terminated. The employee then filed an application for remedy with the Labor Relations Commission, claiming that this constituted unfair dismissal. The Incheon Regional Labor Relations Commission examined, based on the submission of the resignation letter and the surrounding circumstances, whether the termination of the employment relationship was a dismissal, or instead a voluntary resignation or termination by mutual agreement.
Ⅱ. Issues in Dispute
The issue in this case is whether, in a situation where an employee has submitted a “resignation letter” and the employer has accepted it, the termination of the employment relationship can be regarded as a dismissal based on the employer’s unilateral intent, or whether it should be viewed as the employee’s resignation or a termination by mutual agreement.
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case noted that the employer accepted the resignation letter submitted by the employee and thereby terminated the employment relationship; that the document itself was titled “Resignation Letter” and listed the reason for leaving as “personal reasons”; and that, after submitting the resignation letter, the employee voluntarily returned their access card and left work early.
In light of these facts, the panel found it reasonable to regard the resignation letter as containing a manifestation of intent by the employee requesting termination of the employment relationship. It further found that there were no circumstances indicating that this was a declaration of intent not reflecting the employee’s true will, such as in cases where an employer forces an employee who has no intention of resigning to submit a resignation letter and then treats it as a voluntary resignation in form only. The panel also held that, where a valid manifestation of intent to resign exists in the form of a unilateral notice of termination by the employee or an offer to terminate by mutual agreement, the employer’s acceptance constitutes retirement, not dismissal.
On this basis, the panel held that no dismissal existed in this case and therefore the matter did not constitute unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
If an employee prepares and submits a document titled “Resignation Letter,” states “personal reasons” as the reason for leaving, and then engages in conduct premised on resignation—such as returning their access card and leaving work early—it becomes very difficult, at a later stage, to argue successfully that “there was no genuine intention to resign.” If the intention to resign is unclear, or if emotions are running high, it is advisable to postpone submitting any written document and to preserve records of the specific background and any pressure from the company via text message, email, etc. Such records can become important evidence in any future dispute over unfair dismissal.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the company’s standpoint, to prevent unfair dismissal disputes, it is important to clarify the resignation form and submission procedures, avoid statements in resignation-confirmation interviews that could be misunderstood as coercion or undue pressure, and keep records of the course of such interviews. In particular, in the context of redundancy or restructuring, requiring employees to submit resignation letters en masse carries a high risk of being evaluated as a de facto dismissal in the guise of voluntary resignation. The boundary between resignation and dismissal should therefore be clearly maintained, and, where necessary, procedures should be designed with advice from experts such as Labor Law Firm Law&.
2. Matters Decided
A. Case Overview and Procedural History
Since the employer accepted the employee’s resignation letter and thereby terminated the employment relationship, it is difficult to view the termination as having been effected unilaterally by the employer, and thus no dismissal exists. The employee argued that the resignation letter contained nothing that could be interpreted as a unilateral notice of termination or an offer to terminate by mutual agreement. However, the resignation letter submitted by the employee was itself titled “Resignation Letter,” and, given that the reason for leaving was stated as personal reasons, it is reasonable to view it as containing a manifestation of intent requesting termination of the employment relationship. In addition, considering that, after submitting the resignation letter, the employee voluntarily returned their access card and left work early, it is also difficult to find that Manager A coerced or pressured the employee into resigning.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Reasoning
Since the employer accepted the employee’s resignation letter and thereby terminated the employment relationship, it is difficult to view the termination as having been effected unilaterally by the employer, and thus no dismissal exists. The employee argued that the resignation letter contained nothing that could be interpreted as a unilateral notice of termination or an offer to terminate by mutual agreement. However, the resignation letter submitted by the employee was itself titled “Resignation Letter,” and, given that the reason for leaving was stated as personal reasons, it is reasonable to view it as containing a manifestation of intent requesting termination of the employment relationship. In addition, considering that, after submitting the resignation letter, the employee voluntarily returned their access card and left work early, it is also difficult to find that Manager A coerced or pressured the employee into resigning. /
[See More Related Decisions]
- “Unfair Dismissal Decision on ‘Manifestation of Intention to Resign (Resignation Remark in Telephone Call)’”
- “Unfair Dismissal Decision on ‘Dismissal of Application (Non-Appearance at Hearing)’” – Decision date: – Case result: Dismissed
- “Unfair Dismissal Decision on ‘Appropriateness of Disciplinary Measure (Allowing Cabin Baggage on Board Without Security Screening)’”
[Tags]
Unfair dismissal, acceptance of resignation letter (whether resignation was voluntary), 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 Decision on ‘Appropriateness of Disciplinary Measure (Allowing Cabin Baggage on Board Without Security Screening)’,” can be viewed in a new window.
※ The list of decisions related to acceptance of resignation letter (whether resignation was voluntary) can be viewed in the “List of Decisions Related to Acceptance of Resignation Letter (Whether Resignation Was Voluntary)” in a new window.
※ Korean version of this case: Korean article
