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Unfair Dismissal Case on “Termination by Agreement (Text Message Consenting to Resignation upon Recommendation · Re-employment)” (Unfair Dismissal 483)
- Date2026/05/26 04:08
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “termination by agreement (text message consenting to resignation upon recommendation · re-employment).”
Decision body: Jeju Regional Labor Relations Commission 2026Buhae29 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.03.19 · Case result: Dismissed
Summary of key issue: With respect to how the employment relationship ended, the employee claimed that, at the conclusion of the second interview, the employer finally notified him that “you will work until the 29th.” The employer, on the other hand, claimed that it recommended that the employee resign, saying “work until the 29th and, in the meantime, look for another job,” to which the employee replied “I understand,” thereby accepting the recommendation to resign. Thus, the parties’ statements were in direct conflict.
1. Legal Implications
Ⅰ. Case Overview
This application for remedy for unfair dismissal was heard by the Jeju Regional Labor Relations Commission. The central issue was whether the termination of the employment relationship constituted a unilateral dismissal by the employer, or a termination by agreement following the employee’s consent to a recommended resignation.
The Labor Relations Commission reached its decision by comprehensively considering the content of the conversations during the interviews, subsequent text messages, the circumstances of the employee’s re-employment at another workplace, and written statements submitted by co‑workers.
Ⅱ. Summary of Issues
The issue in this case is:
“Taking into account the employer’s remarks after the second interview and the employee’s response of ‘I understand,’ the subsequent text messages, and the employee’s re-employment at another workplace, does the termination of the employment relationship constitute a dismissal, or does it constitute a termination by agreement based on the employee’s consent to the recommended resignation?”
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case found that the employer proposed a recommended resignation by saying, “Work until the 29th and, in the meantime, look for another job,” and that the employee himself acknowledged that he responded, “I understand.” It further noted that, despite the employer’s encouragement to return to work, the employee sent a text message stating, in substance, that he was “unable to come to work based on the doctor’s opinion,” while at the same time attending an interview with, and actually becoming employed by, another school cleaning service contractor. In addition, co‑workers submitted written statements to the effect that there had been an agreement on resignation between the parties.
In light of these circumstances, the Commission determined that the employee had agreed to the employer’s request for a recommended resignation, and that the employment relationship had been terminated by agreement.
Accordingly, the Commission held that there was no dismissal in this case, and that the application for remedy for unfair dismissal should therefore be dismissed.
Ⅳ. Practical Points (From the Employee’s Perspective)
If, during an interview, an employee expressly agrees to a proposal for recommended resignation, or subsequently stops coming to work and immediately takes steps premised on resignation—such as promptly obtaining employment at another workplace—the Labor Relations Commission may later evaluate the situation as a termination by agreement rather than a dismissal.
Furthermore, whether there was an intention to resign or a termination by agreement is determined not only by the existence of a written resignation letter, but by comprehensively assessing all surrounding circumstances, including the content of interviews, text messages, subsequent conduct, and co‑workers’ statements. Therefore, if you do not intend to resign, you must manage your expressions during interviews and your subsequent actions with great care.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the employer’s standpoint, when proceeding with a recommended resignation or termination by agreement, it is important not to rely solely on oral conversations, but to secure objective records—such as written documents (resignation letters, settlement agreements), text messages, or emails—that clearly capture the content of the recommendation and the employee’s consent.
In disputes over unfair dismissal, employees often claim dismissal, while employers often claim resignation or termination by agreement. For this reason, employers should systematically organize and preserve records of the interview process, the content of conversations, the employee’s consent, and the circumstances of any subsequent re-employment, so that they can effectively substantiate their position before the Labor Relations Commission or the courts.
In this type of case, it is highly advisable to seek assistance from experts such as Labor Law Firm Law&, accurately understand the legal distinction between resignation/termination by agreement and dismissal, the allocation of the burden of proof, and the relevant case law principles, and to organize evidence from the very early stages of the matter. This is crucial for both preventing and responding to disputes.
2. Matters Decided
a. Case Overview and Procedural History
With respect to how the employment relationship ended, the employee claimed that, at the conclusion of the second interview, the employer finally notified him that “you will work until the 29th.” The employer, on the other hand, claimed that it recommended that the employee resign, saying “work until the 29th and, in the meantime, look for another job,” to which the employee replied “I understand,” thereby accepting the recommendation to resign. Thus, the parties’ statements were in direct conflict.
However, taking into account that the employee acknowledged having replied “I understand” to the employer’s recommendation to resign; that, while the employer was encouraging him to return to work, he sent a text message stating, in substance, that he was “unable to come to work based on the doctor’s opinion,” while at the same time attending an interview with, and becoming employed by, a cleaning service contractor for □□□ School; and that co‑workers submitted written statements to the effect that there had been an agreement on resignation between the employee and the employer, it appears that the employee agreed to the employer’s request for recommended resignation and that the employment relationship was terminated by agreement. Therefore, no dismissal exists.
3. Summary of Decision
a. Summary of the Labor Relations Commission’s Reasoning
With respect to how the employment relationship ended, the employee claimed that, at the conclusion of the second interview, the employer finally notified him that “you will work until the 29th.” The employer, on the other hand, claimed that it recommended that the employee resign, saying “work until the 29th and, in the meantime, look for another job,” to which the employee replied “I understand,” thereby accepting the recommendation to resign. Thus, the parties’ statements were in direct conflict.
However, taking into account that the employee acknowledged having replied “I understand” to the employer’s recommendation to resign; that, while the employer was encouraging him to return to work, he sent a text message stating, in substance, that he was “unable to come to work based on the doctor’s opinion,” while at the same time attending an interview with, and becoming employed by, a cleaning service contractor for □□□ School; and that co‑workers submitted written statements to the effect that there had been an agreement on resignation between the employee and the employer, it appears that the employee agreed to the employer’s request for recommended resignation and that the employment relationship was terminated by agreement. Therefore, no dismissal exists. /
[See More Related Decisions]
- “Unfair Dismissal Decision on ‘Expression of Intent to Resign (Resignation Remark During Telephone Call)’”
- “Unfair Dismissal Decision on ‘Non‑Formation of Employment Offer (Absence of Offer Letter)’” – Date of decision: – Case number: First‑instance decision upheld
- “Unfair Dismissal Decision on ‘Workplace Bullying (Review of Attendance Records)’”
[Tags]
Unfair dismissal, termination by agreement (text message consenting to resignation upon recommendation · re-employment), 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, “Unfair Dismissal Decision on ‘Workplace Bullying (Review of Attendance Records)’,” in a new window.
※ The list of decisions related to termination by agreement (text message consenting to resignation upon recommendation · re-employment) can be viewed together on the “List of Decisions Related to Termination by Agreement (Text Message Consenting to Resignation upon Recommendation · Re-employment).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “termination by agreement (text message consenting to resignation upon recommendation · re-employment).”
Decision body: Jeju Regional Labor Relations Commission 2026Buhae29 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.03.19 · Case result: Dismissed
Summary of key issue: With respect to how the employment relationship ended, the employee claimed that, at the conclusion of the second interview, the employer finally notified him that “you will work until the 29th.” The employer, on the other hand, claimed that it recommended that the employee resign, saying “work until the 29th and, in the meantime, look for another job,” to which the employee replied “I understand,” thereby accepting the recommendation to resign. Thus, the parties’ statements were in direct conflict.
1. Legal Implications
Ⅰ. Case Overview
This application for remedy for unfair dismissal was heard by the Jeju Regional Labor Relations Commission. The central issue was whether the termination of the employment relationship constituted a unilateral dismissal by the employer, or a termination by agreement following the employee’s consent to a recommended resignation.
The Labor Relations Commission reached its decision by comprehensively considering the content of the conversations during the interviews, subsequent text messages, the circumstances of the employee’s re-employment at another workplace, and written statements submitted by co‑workers.
Ⅱ. Summary of Issues
The issue in this case is:
“Taking into account the employer’s remarks after the second interview and the employee’s response of ‘I understand,’ the subsequent text messages, and the employee’s re-employment at another workplace, does the termination of the employment relationship constitute a dismissal, or does it constitute a termination by agreement based on the employee’s consent to the recommended resignation?”
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case found that the employer proposed a recommended resignation by saying, “Work until the 29th and, in the meantime, look for another job,” and that the employee himself acknowledged that he responded, “I understand.” It further noted that, despite the employer’s encouragement to return to work, the employee sent a text message stating, in substance, that he was “unable to come to work based on the doctor’s opinion,” while at the same time attending an interview with, and actually becoming employed by, another school cleaning service contractor. In addition, co‑workers submitted written statements to the effect that there had been an agreement on resignation between the parties.
In light of these circumstances, the Commission determined that the employee had agreed to the employer’s request for a recommended resignation, and that the employment relationship had been terminated by agreement.
Accordingly, the Commission held that there was no dismissal in this case, and that the application for remedy for unfair dismissal should therefore be dismissed.
Ⅳ. Practical Points (From the Employee’s Perspective)
If, during an interview, an employee expressly agrees to a proposal for recommended resignation, or subsequently stops coming to work and immediately takes steps premised on resignation—such as promptly obtaining employment at another workplace—the Labor Relations Commission may later evaluate the situation as a termination by agreement rather than a dismissal.
Furthermore, whether there was an intention to resign or a termination by agreement is determined not only by the existence of a written resignation letter, but by comprehensively assessing all surrounding circumstances, including the content of interviews, text messages, subsequent conduct, and co‑workers’ statements. Therefore, if you do not intend to resign, you must manage your expressions during interviews and your subsequent actions with great care.
Ⅴ. Practical Points (From the Employer’s Perspective)
From the employer’s standpoint, when proceeding with a recommended resignation or termination by agreement, it is important not to rely solely on oral conversations, but to secure objective records—such as written documents (resignation letters, settlement agreements), text messages, or emails—that clearly capture the content of the recommendation and the employee’s consent.
In disputes over unfair dismissal, employees often claim dismissal, while employers often claim resignation or termination by agreement. For this reason, employers should systematically organize and preserve records of the interview process, the content of conversations, the employee’s consent, and the circumstances of any subsequent re-employment, so that they can effectively substantiate their position before the Labor Relations Commission or the courts.
In this type of case, it is highly advisable to seek assistance from experts such as Labor Law Firm Law&, accurately understand the legal distinction between resignation/termination by agreement and dismissal, the allocation of the burden of proof, and the relevant case law principles, and to organize evidence from the very early stages of the matter. This is crucial for both preventing and responding to disputes.
2. Matters Decided
a. Case Overview and Procedural History
With respect to how the employment relationship ended, the employee claimed that, at the conclusion of the second interview, the employer finally notified him that “you will work until the 29th.” The employer, on the other hand, claimed that it recommended that the employee resign, saying “work until the 29th and, in the meantime, look for another job,” to which the employee replied “I understand,” thereby accepting the recommendation to resign. Thus, the parties’ statements were in direct conflict.
However, taking into account that the employee acknowledged having replied “I understand” to the employer’s recommendation to resign; that, while the employer was encouraging him to return to work, he sent a text message stating, in substance, that he was “unable to come to work based on the doctor’s opinion,” while at the same time attending an interview with, and becoming employed by, a cleaning service contractor for □□□ School; and that co‑workers submitted written statements to the effect that there had been an agreement on resignation between the employee and the employer, it appears that the employee agreed to the employer’s request for recommended resignation and that the employment relationship was terminated by agreement. Therefore, no dismissal exists.
3. Summary of Decision
a. Summary of the Labor Relations Commission’s Reasoning
With respect to how the employment relationship ended, the employee claimed that, at the conclusion of the second interview, the employer finally notified him that “you will work until the 29th.” The employer, on the other hand, claimed that it recommended that the employee resign, saying “work until the 29th and, in the meantime, look for another job,” to which the employee replied “I understand,” thereby accepting the recommendation to resign. Thus, the parties’ statements were in direct conflict.
However, taking into account that the employee acknowledged having replied “I understand” to the employer’s recommendation to resign; that, while the employer was encouraging him to return to work, he sent a text message stating, in substance, that he was “unable to come to work based on the doctor’s opinion,” while at the same time attending an interview with, and becoming employed by, a cleaning service contractor for □□□ School; and that co‑workers submitted written statements to the effect that there had been an agreement on resignation between the employee and the employer, it appears that the employee agreed to the employer’s request for recommended resignation and that the employment relationship was terminated by agreement. Therefore, no dismissal exists. /
[See More Related Decisions]
- “Unfair Dismissal Decision on ‘Expression of Intent to Resign (Resignation Remark During Telephone Call)’”
- “Unfair Dismissal Decision on ‘Non‑Formation of Employment Offer (Absence of Offer Letter)’” – Date of decision: – Case number: First‑instance decision upheld
- “Unfair Dismissal Decision on ‘Workplace Bullying (Review of Attendance Records)’”
[Tags]
Unfair dismissal, termination by agreement (text message consenting to resignation upon recommendation · re-employment), 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, “Unfair Dismissal Decision on ‘Workplace Bullying (Review of Attendance Records)’,” in a new window.
※ The list of decisions related to termination by agreement (text message consenting to resignation upon recommendation · re-employment) can be viewed together on the “List of Decisions Related to Termination by Agreement (Text Message Consenting to Resignation upon Recommendation · Re-employment).”
※ Korean version of this case: Korean article
