[Case Information] This case is a precedent in which the employer prevailed (application dismissed) on the issue of “resignation / termination by agreement (acceptance of resignation recommendation).” Adjudicatory body: Jeonnam Regional Labor Relations Commission 2026Buhae498 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-06-30 · Case result: Dismissed Summary of key issues: Considering that the employee validly expressed an intention to accept the legal effect of “termination of the employment relationship” by accepting the employer’s recommendation to resign, that the employee raised no objection whatsoever with the employer regarding the termination of the employment relationship, and that the employee failed to submit any materials that could objectively prove other facts constituting a dismissal, it was held that one cannot conclude that a dismissal occurred. 1. Legal Implications Ⅰ. Case Overview This case before the Labor Relations Commission concerned whether an employee who left the company after the employer recommended resignation had been unfairly dismissed. The Jeonnam Regional Labor Relations Commission focused on whether the employee accepted the recommendation to resign and thereby consented to the termination of the employment relationship, or whether the situation constituted a unilateral dismissal by the employer. The Commission took into account that the employee did not raise any particular objection with the company for a considerable period after leaving, and that no objective evidence was submitted to prove a dismissal, and accordingly dismissed the application for remedy for unfair dismissal. This decision provides important guidance on how to prove the very “existence of a dismissal” when alleging unfair dismissal. Ⅱ. Summary of Issues The issue in this case is whether, in a situation where the employee accepted the employer’s recommendation to resign, the termination of the employment relationship should be viewed as a dismissal, or as the employee’s voluntary resignation / termination by agreement. Ⅲ. Summary of the Labor Relations Commission’s Decision The adjudicatory panel in this case found that the employee accepted the employer’s recommendation to resign and thereby consented to the termination of the employment relationship, that the employee did not raise any objection with the company regarding the dismissal at the time of resignation or for a certain period thereafter, and that the employee failed to submit any materials that could objectively support the alleged “dismissal.” Accordingly, the panel held that the termination of the employment relationship in this case should be regarded not as a unilateral dismissal by the employer, but as a termination based on the employee’s consent. Therefore, it was held that the “dismissal disposition” in this case is difficult to recognize as having existed at all, and on that ground the claim of unfairness was rejected. Ⅳ. Practical Points (From the Employee’s Perspective) Employees seeking a remedy for unfair dismissal before the Labor Relations Commission should be aware that they must first be able to prove, to some extent, that a “unilateral dismissal by the employer actually occurred.” The mere fact that a recommendation to resign was made is insufficient; it is important to secure objective materials such as a specific notice of dismissal, text messages or recorded conversations, or measures taken by the company on the premise of dismissal (e.g., notice of dismissal in advance, reporting of loss of coverage under the four major social insurances). In addition, if, after receiving a recommendation to resign, the employee accepts it and submits a resignation letter or chooses to leave, and then a considerable period passes without any objection, the Labor Relations Commission is likely to view the situation as a “voluntary resignation or termination by agreement.” If the pressure to resign was close to coercion or threats, it is advisable to consult with an expert such as Labor Law Firm Law& as early as possible. Ⅴ. Practical Points (From the Employer / Company Perspective) From the employer’s standpoint, it is essential to recognize that, when terminating an employment relationship, whether the termination is a dismissal, a resignation by the employee, or a termination by agreement will become a key issue in any subsequent dispute. In particular, where the employment relationship ends after the employee accepts a recommendation to resign, it is necessary to keep clear records of the employee’s “consent to the termination of the employment relationship,” such as a resignation letter or a written agreement on termination. Furthermore, when considering layoffs or workforce adjustments for managerial or personnel reasons, care must be taken in managing the explanation process, the course of consultations, and the employee’s freedom of choice, so that a case does not arise in which the formal structure is resignation / termination by agreement but the substance is dismissal. If these aspects are not properly organized, the Labor Relations Commission or the courts may be more likely to evaluate the situation as a dismissal in future unfair dismissal disputes. This decision once again confirms that, in disputes over unfair dismissal, how the “cause of termination of the employment relationship” is proven and managed is the decisive factor in determining the outcome. Those preparing for Labor Relations Commission proceedings should systematically organize the facts and evidence with the assistance of experienced professionals in unfair dismissal cases, such as Labor Law Firm Law&. 2. Matters Adjudicated A. Case Overview and Procedural History Considering that the employee validly expressed an intention to accept the legal effect of “termination of the employment relationship” by accepting the employer’s recommendation to resign, that the employee raised no objection whatsoever with the employer regarding the termination of the employment relationship, and that the employee failed to submit any materials that could objectively prove other facts constituting a dismissal, it is held that one cannot conclude that a dismissal occurred. 3. Summary of the Decision A. Summary of the Labor Relations Commission’s Reasoning Considering that the employee validly expressed an intention to accept the legal effect of “termination of the employment relationship” by accepting the employer’s recommendation to resign, that the employee raised no objection whatsoever with the employer regarding the termination of the employment relationship, and that the employee failed to submit any materials that could objectively prove other facts constituting a dismissal, it is held that one cannot conclude that a dismissal occurred. / [See More Related Decisions] - “Unfair Dismissal Case Concerning Expression of Intention to Resign (Resignation Remarks in Telephone Call)” - “Unfair Dismissal Case Concerning Disciplinary Sanction Level (Changing Password and Deleting Data on Work PC)” - “Unfair Dismissal Case Concerning Non-Formation of Hiring Decision (Absence of Offer Letter)” – Date of decision: – Case result: First-instance decision upheld [Tags] Unfair dismissal, resignation / termination by agreement (acceptance of resignation recommendation), 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 Case Concerning Dismissal During Probation (Experienced AMD Employee’s Ordering Error),” can be viewed in a new window. ※ A list of decisions related to resignation / termination by agreement (acceptance of resignation recommendation) can be found in the “List of Decisions Related to Resignation / Termination by Agreement (Acceptance of Resignation Recommendation).” ※ Korean version of this case: Korean article