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Whether a Dismissal Exists (Handwritten Resignation Letter): Unfair Dismissal Decision (Unfair Dismissal 481)
- Date2026/05/25 04:12
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This case is an unfair dismissal decision in which the employer prevailed (application dismissed) on the issue of whether a dismissal existed in the context of a “handwritten resignation letter.”
Decision Committee: Jeonnam Regional Labor Relations Commission
2026Buhae65 ○ ○ ○ Unfair Dismissal Relief Application
2026.03.19 · Case outcome: Dismissed
Summary of Key Issue:
□ Whether a dismissal exists.
In light of the handwritten contents of the resignation letter submitted by the employee and the circumstances following its submission, it did not appear that the employer forced the employee to submit the resignation letter, and the employee failed to prove any coercion. Accordingly, it was found that the employee expressed an intention to resign to the employer, the employer accepted that resignation, and thus the employment relationship was terminated. Therefore, no dismissal exists.
1. Legal Implications
Ⅰ. Case Overview
In this case, the employee filed an application for relief with the Labor Relations Commission, claiming unfair dismissal on the ground that the handwritten resignation letter he had submitted was in fact written under the employer’s coercion. The Jeonnam Regional Labor Relations Commission examined the circumstances under which the resignation letter was drafted and the situation after its submission, focusing on whether the termination of the employment relationship constituted a dismissal or a voluntary resignation.
Through this case, we will look at how the meaning of a resignation letter and the burden of proof operate in unfair dismissal and Labor Relations Commission procedures, and organize the issues that Labor Law Firm Law& frequently encounters in practice during consultations.
Ⅱ. Summary of Issues
The issue in this case is:
“Where an employee drafts and submits a handwritten resignation letter and later claims that the resignation was made under the employer’s coercion or pressure, can it nonetheless be regarded that a dismissal exists?”
In other words, the key question is whether, despite being in the form of a resignation, the termination in substance constitutes a unilateral termination of the employment contract (dismissal) by the employer, or whether it should be viewed as a voluntary resignation or termination by mutual agreement.
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The decision panel in this case held that, given that it could not be seen that the employer forced the employee to submit a resignation letter, that the handwritten contents and format of the resignation letter submitted by the employee indicated a voluntary expression of intent to resign, and that the employee failed to prove any defect such as coercion or intimidation in relation to the circumstances and developments after the submission of the resignation letter,
the employment relationship was terminated when the employee expressed an intention to resign to the employer and the employer accepted that resignation.
The Commission therefore found that, in this case, there was no “dismissal” to begin with and, accordingly, there was no need to further examine the legitimacy of the dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
If an employee wishes, after writing a resignation letter, to later contest the matter as “unfair dismissal,” it is not sufficient merely to raise dissatisfaction. The employee must specifically prove that there was no genuine intention to resign due to the employer’s coercion, intimidation, deceit, or similar factors. Where the employee has handwritten phrases such as “resignation of my own free will” in the resignation letter, it is difficult to overturn the authenticity of that expression. Therefore, it is advisable to secure objective materials as promptly as possible, such as the content of conversations before and after the submission of the resignation letter, recordings, text or messenger messages, and statements from colleagues.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
When a company recommends resignation to an employee or discusses termination by mutual agreement during an interview, it must proceed with great care in its wording and procedures so as not to give rise to any misunderstanding that there was coercion or intimidation. Even when obtaining a handwritten resignation letter, the company should record the circumstances of its preparation, the content of the interview, and the voluntary nature of the resignation by way of notes, minutes, or witness statements, so that it can later explain the authenticity of the resignation before the Labor Relations Commission or a court. In addition, practices of handling personnel or disciplinary issues by effectively pressuring employees to resign carry a high risk of escalating into unfair dismissal disputes. If the circumstances amount to grounds for disciplinary dismissal, the company should respond by following formal dismissal procedures and satisfying the requirements under the Labor Standards Act.
2. Matters Decided
a. Case Overview and Procedural History
□ Whether a dismissal exists.
In light of the handwritten contents of the resignation letter submitted by the employee and the circumstances following its submission, it did not appear that the employer forced the employee to submit the resignation letter, and the employee failed to prove any coercion. Accordingly, it appears that the employee expressed an intention to resign to the employer and the employer accepted that resignation, thereby terminating the employment relationship, and thus no dismissal exists. Therefore, there is no need to further examine the legitimacy of the dismissal.
3. Summary of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
□ Whether a dismissal exists.
In light of the handwritten contents of the resignation letter submitted by the employee and the circumstances following its submission, it did not appear that the employer forced the employee to submit the resignation letter, and the employee failed to prove any coercion. Accordingly, it appears that the employee expressed an intention to resign to the employer and the employer accepted that resignation, thereby terminating the employment relationship, and thus no dismissal exists. Therefore, there is no need to further examine the legitimacy of the dismissal. /
[More Related Decisions]
- “Whether a Dismissal Exists (Commissioned Center Director)” – Unfair Dismissal Decision
- “Whether a Dismissal Exists (Text Notification)” – Unfair Dismissal Decision
- “Expression of Intent to Resign (Resignation Remark During Telephone Call)” – Unfair Dismissal Decision
[Tags]
Unfair dismissal, Whether a dismissal exists (handwritten 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ The previous article, “Whether a Dismissal Exists (Commissioned Center Director) – Unfair Dismissal Decision,” can be viewed in a new window.
※ The list of decisions related to whether a dismissal exists (handwritten resignation letter) can be viewed together under “List of Decisions on Whether a Dismissal Exists (Handwritten Resignation Letter).”
※ Korean version of this case: Korean article
Decision Committee: Jeonnam Regional Labor Relations Commission
2026Buhae65 ○ ○ ○ Unfair Dismissal Relief Application
2026.03.19 · Case outcome: Dismissed
Summary of Key Issue:
□ Whether a dismissal exists.
In light of the handwritten contents of the resignation letter submitted by the employee and the circumstances following its submission, it did not appear that the employer forced the employee to submit the resignation letter, and the employee failed to prove any coercion. Accordingly, it was found that the employee expressed an intention to resign to the employer, the employer accepted that resignation, and thus the employment relationship was terminated. Therefore, no dismissal exists.
1. Legal Implications
Ⅰ. Case Overview
In this case, the employee filed an application for relief with the Labor Relations Commission, claiming unfair dismissal on the ground that the handwritten resignation letter he had submitted was in fact written under the employer’s coercion. The Jeonnam Regional Labor Relations Commission examined the circumstances under which the resignation letter was drafted and the situation after its submission, focusing on whether the termination of the employment relationship constituted a dismissal or a voluntary resignation.
Through this case, we will look at how the meaning of a resignation letter and the burden of proof operate in unfair dismissal and Labor Relations Commission procedures, and organize the issues that Labor Law Firm Law& frequently encounters in practice during consultations.
Ⅱ. Summary of Issues
The issue in this case is:
“Where an employee drafts and submits a handwritten resignation letter and later claims that the resignation was made under the employer’s coercion or pressure, can it nonetheless be regarded that a dismissal exists?”
In other words, the key question is whether, despite being in the form of a resignation, the termination in substance constitutes a unilateral termination of the employment contract (dismissal) by the employer, or whether it should be viewed as a voluntary resignation or termination by mutual agreement.
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The decision panel in this case held that, given that it could not be seen that the employer forced the employee to submit a resignation letter, that the handwritten contents and format of the resignation letter submitted by the employee indicated a voluntary expression of intent to resign, and that the employee failed to prove any defect such as coercion or intimidation in relation to the circumstances and developments after the submission of the resignation letter,
the employment relationship was terminated when the employee expressed an intention to resign to the employer and the employer accepted that resignation.
The Commission therefore found that, in this case, there was no “dismissal” to begin with and, accordingly, there was no need to further examine the legitimacy of the dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
If an employee wishes, after writing a resignation letter, to later contest the matter as “unfair dismissal,” it is not sufficient merely to raise dissatisfaction. The employee must specifically prove that there was no genuine intention to resign due to the employer’s coercion, intimidation, deceit, or similar factors. Where the employee has handwritten phrases such as “resignation of my own free will” in the resignation letter, it is difficult to overturn the authenticity of that expression. Therefore, it is advisable to secure objective materials as promptly as possible, such as the content of conversations before and after the submission of the resignation letter, recordings, text or messenger messages, and statements from colleagues.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
When a company recommends resignation to an employee or discusses termination by mutual agreement during an interview, it must proceed with great care in its wording and procedures so as not to give rise to any misunderstanding that there was coercion or intimidation. Even when obtaining a handwritten resignation letter, the company should record the circumstances of its preparation, the content of the interview, and the voluntary nature of the resignation by way of notes, minutes, or witness statements, so that it can later explain the authenticity of the resignation before the Labor Relations Commission or a court. In addition, practices of handling personnel or disciplinary issues by effectively pressuring employees to resign carry a high risk of escalating into unfair dismissal disputes. If the circumstances amount to grounds for disciplinary dismissal, the company should respond by following formal dismissal procedures and satisfying the requirements under the Labor Standards Act.
2. Matters Decided
a. Case Overview and Procedural History
□ Whether a dismissal exists.
In light of the handwritten contents of the resignation letter submitted by the employee and the circumstances following its submission, it did not appear that the employer forced the employee to submit the resignation letter, and the employee failed to prove any coercion. Accordingly, it appears that the employee expressed an intention to resign to the employer and the employer accepted that resignation, thereby terminating the employment relationship, and thus no dismissal exists. Therefore, there is no need to further examine the legitimacy of the dismissal.
3. Summary of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
□ Whether a dismissal exists.
In light of the handwritten contents of the resignation letter submitted by the employee and the circumstances following its submission, it did not appear that the employer forced the employee to submit the resignation letter, and the employee failed to prove any coercion. Accordingly, it appears that the employee expressed an intention to resign to the employer and the employer accepted that resignation, thereby terminating the employment relationship, and thus no dismissal exists. Therefore, there is no need to further examine the legitimacy of the dismissal. /
[More Related Decisions]
- “Whether a Dismissal Exists (Commissioned Center Director)” – Unfair Dismissal Decision
- “Whether a Dismissal Exists (Text Notification)” – Unfair Dismissal Decision
- “Expression of Intent to Resign (Resignation Remark During Telephone Call)” – Unfair Dismissal Decision
[Tags]
Unfair dismissal, Whether a dismissal exists (handwritten 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ The previous article, “Whether a Dismissal Exists (Commissioned Center Director) – Unfair Dismissal Decision,” can be viewed in a new window.
※ The list of decisions related to whether a dismissal exists (handwritten resignation letter) can be viewed together under “List of Decisions on Whether a Dismissal Exists (Handwritten Resignation Letter).”
※ Korean version of this case: Korean article
