[Case Information] This case is a precedent concerning the issue of “voluntary resignation (handwritten resignation letter)” that concluded with the cancellation of the first-instance decision. Adjudicating body: Central Labor Relations Commission 2026Buhae18 ○ ○ ○ Application for Re‑examination for Remedy of Unfair Dismissal 2026-06-29 · Case Result: First‑Instance Decision Cancelled Summary of key issue: Submission of a resignation letter by a worker is generally interpreted as a termination of the employment contract (or an offer to terminate by mutual agreement) vis‑à‑vis the employer. Whether a voluntary resignation (uiwon-myeonjik) constitutes a dismissal is determined comprehensively in light of the circumstances surrounding submission of the resignation letter, the method, intensity, and frequency of the employer’s inducement, the expected disadvantages if the worker does not resign, and the parties’ conduct before and after the resignation. 1. Legal Implications Ⅰ. Case Overview In this case, after the worker submitted a resignation letter and was processed as a voluntary resignation (uiwon-myeonjik), the worker filed an application for remedy with the Labor Relations Commission, claiming that this constituted an unfair dismissal. In the 2026Buhae18 re‑examination case before the Central Labor Relations Commission, the worker argued that the resignation letter was submitted involuntarily due to de facto coercion by the employer, and therefore amounted to an unfair dismissal. The employer countered that it was a voluntary resignation by the worker, processed as a voluntary resignation (uiwon-myeonjik). Ⅱ. Issue Summary The issue in this case is: “In a situation where a worker has submitted a resignation letter, whether that resignation constitutes a voluntary resignation (uiwon-myeonjik) based on the worker’s true and free intent, or whether it should be regarded as a de facto dismissal resulting from the employer’s coercion or pressure, thereby amounting to an unfair dismissal.” Ⅲ. Summary of the Labor Relations Commission’s Reasoning The adjudicating panel in this case noted that the worker personally requested the resignation letter form, specified and wrote in the date of resignation, and submitted the letter with handwritten signature and seal; and that, based on the objective materials, the interview process appeared to be within the ordinary range. In light of these factors, the panel found it difficult to regard the worker’s submission of the resignation letter as an expression of intent made under coercion contrary to the worker’s true intent, and also found a lack of objective materials to support allegations that, at the time of or immediately after submission of the resignation letter, the employer engaged in abusive language, threats, or specific warnings of disadvantage. The panel therefore held that this termination could not readily be viewed as a dismissal in which the employer unilaterally ended the employment contract, and that it should instead be regarded as a voluntary resignation (uiwon-myeonjik) based on the worker’s own decision, and thus was not unfair. Ⅳ. Practical Points (From the Worker’s Perspective) For a worker to successfully claim unfair dismissal, it must be established with objective evidence that the submission of the resignation letter was effectively unavoidable due to the employer’s coercion or threats, or due to serious, clearly indicated disadvantages. It is advisable to retain concrete evidence such as recordings of interviews, text or messenger messages, emails with HR personnel, and statements from colleagues. In addition, if a worker signs a resignation letter without sufficiently reviewing the resignation date and the circumstances of resignation, it will be difficult for the Labor Relations Commission to accept a later assertion that “it did not reflect my true intent” based on that assertion alone. Ⅴ. Practical Points (From the Employer/Company Perspective) From the employer’s standpoint, to prevent a resignation or voluntary resignation (uiwon-myeonjik) from later developing into an unfair dismissal dispute, it is important to document the circumstances and content of interviews as much as possible in writing or by recording, and to strictly avoid any threatening remarks or excessive warnings of disadvantage. It is crucial to secure materials that can prove that the worker voluntarily requested, drafted, and submitted the resignation letter, and that the interview remained within the level of ordinary guidance or recommendation. Furthermore, in the context of redundancy or workforce restructuring, blanket requests for submission of resignation letters carry a high risk of being evaluated as expressions of intent not reflecting the worker’s true will. Employers should therefore design procedures that respect each individual worker’s choice and intent. (ⓒ2026 copyright. Labor Attorney Youngseop Moon, Labor Law Firm Law&. Unauthorized reproduction and redistribution are prohibited.) 2. Matters Adjudicated a. Case Overview and Procedural History Submission of a resignation letter by a worker is generally interpreted as a termination of the employment contract (or an offer to terminate by mutual agreement) vis‑à‑vis the employer. Whether a voluntary resignation (uiwon-myeonjik) constitutes a dismissal is determined comprehensively in light of the circumstances surrounding submission of the resignation letter, the method, intensity, and frequency of the employer’s inducement, the expected disadvantages if the worker does not resign, and the parties’ conduct before and after the resignation. In this case, the worker personally requested the resignation letter form, was made to specify and write in the date of resignation, and then submitted the letter with signature and seal; and it is to the effect that the interview was conducted at an ordinary level (there are conflicting statements regarding the content of the interview, but there is a lack of objective materials to support either side). At the time of or immediately after submission of the resignation letter, the employer’s abusive language, threats, or warnings of disadvantage, etc. … 3. Summary of the Decision a. Summary of the Labor Relations Commission’s Reasoning Submission of a resignation letter by a worker is generally interpreted as a termination of the employment contract (or an offer to terminate by mutual agreement) vis‑à‑vis the employer. Whether a voluntary resignation (uiwon-myeonjik) constitutes a dismissal is determined comprehensively in light of the circumstances surrounding submission of the resignation letter, the method, intensity, and frequency of the employer’s inducement, the expected disadvantages if the worker does not resign, and the parties’ conduct before and after the resignation. In this case, the worker personally requested the resignation letter form, was made to specify and write in the date of resignation, and then submitted the letter with signature and seal; and it is to the effect that the interview was conducted at an ordinary level (there are conflicting statements regarding the content of the interview, but there is a lack of objective materials to support either side). At the time of or immediately after submission of the resignation letter, the employer’s abusive language, threats, or warnings of disadvantage, etc. … / [See More Related Precedents] - “Unfair Dismissal Precedent Relating to Expression of Intent to Resign (Leaving the Workplace After Work)” - “Unfair Dismissal Precedent Relating to Non‑Formation of Hiring Decision (Absence of Offer Letter)” – Date of Decision: – Case Result: First‑Instance Decision Upheld - “Unfair Dismissal Precedent Relating to Expression of Intent to Resign (Resignation Remark in Telephone Call)” [Tags] Unfair dismissal, voluntary resignation (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 the “Unfair Dismissal Precedents” series by Labor Law Firm Law&. ※ You can view the previous article, “Unfair Dismissal Precedent Relating to Expression of Intent to Resign (Leaving the Workplace After Work),” in a new window. ※ The list of precedents relating to voluntary resignation (handwritten resignation letter) can be viewed together at “List of Precedents Relating to Voluntary Resignation (Handwritten Resignation Letter).” ※ Korean version of this case: Korean article