[Case Information] This case is a decision that was concluded by upholding the first-instance ruling on the issues of “employee status and expression of intent to resign (Secretary‑General).” Decision Committee: Central Labor Relations Commission 2026Buhae81 ○ ○ ○ Application for Reconsideration of Remedy for Unfair Dismissal 2026-06-29 · Result: First-instance decision upheld Summary of Key Issues: A. Whether the Secretary‑General is an employee under the Labor Standards Act The Secretary‑General is a staff member to whom Gwangsan‑gu’s Office Management Regulations and Personnel Regulations apply, who performed work under the direction and supervision of the employer and provided labor to the employer in a subordinate relationship for the purpose of receiving wages. Accordingly, he falls within the definition of an employee under the Labor Standards Act. 1. Legal Implications Ⅰ. Case Overview In this unfair dismissal case, the issues before the Labor Relations Commission were whether the Secretary‑General of an organization under Gwangsan‑gu qualifies as an employee under the Labor Standards Act, and whether the letter of resignation he submitted constituted a genuine expression of intent to resign. The worker claimed that he had not voluntarily resigned but had been effectively dismissed as a result of the employer’s request and pressure, and therefore filed an application for remedy with the Labor Relations Commission. Both the first-instance commission and, on reconsideration, the Central Labor Relations Commission rendered decisions upholding the first-instance ruling. Ⅱ. Summary of Issues The issues in this case are: “Where a person holding a certain title or position, such as a Secretary‑General, works for wages under the employer’s personnel regulations, does that person qualify as an employee under the Labor Standards Act? Further, where a letter of resignation is submitted at the employer’s request, does that letter suffer from such defects in the expression of intent that the case should be treated as an unfair dismissal?” Ⅲ. Summary of the Labor Relations Commission’s Findings The decision panel in this case found that the Secretary‑General was a staff member subject to Gwangsan‑gu’s Office Management Regulations and Personnel Regulations, and that he performed assigned duties under the employer’s direction and supervision and received wages in return, thereby providing labor in a subordinate relationship. On this basis, the panel held that he was an employee under the Labor Standards Act. The panel further acknowledged that the worker did submit a letter of resignation at the employer’s request. However, it found no circumstances in the process of submitting the resignation that would allow an inference that the resignation was contrary to his true intent due to coercion, deceit, or similar factors. It also found that the expression of intent to resign took effect when it reached the employer on July 9, 2025. Accordingly, the panel held that the termination at issue should be viewed not as a de facto dismissal, but as a termination of the employment relationship by the worker’s voluntary resignation, and that it was difficult to find any defect in the expression of intent to resign. On this basis, the panel rejected the claim of unfair dismissal. Ⅳ. Practical Points (From the Employee’s Perspective) Even if you hold a position such as Secretary‑General, team leader, or executive, you should bear in mind that you may still be deemed an employee under the Labor Standards Act if you are subject to personnel and service regulations and provide labor for wages at designated times and places under the employer’s direction and supervision. However, once you have submitted a letter of resignation, it is difficult to have the expression of intent to resign declared invalid or to have unfair dismissal recognized merely on the ground that you “felt pressured.” There must be objective evidence that your free decision‑making was effectively blocked by coercion, threats, deceit, or similar conduct. If you are asked to resign in a similar situation, instead of immediately submitting a letter of resignation, you should consult with an expert such as Labor Law Firm Law& to consider alternatives such as personnel measures or redundancy dismissals. If you are unavoidably compelled to submit a letter of resignation, you should, as far as possible, record the circumstances at the time and the content of the employer’s request in concrete detail through emails, audio recordings, and the like. Ⅴ. Practical Points (From the Employer’s Perspective) From the employer’s standpoint, even managerial or executive‑level personnel such as a Secretary‑General may be recognized as employees under the Labor Standards Act if, in substance, they provide labor for wages under the employer’s direction and supervision. It is therefore necessary to clearly define their status in personnel regulations, service regulations, and remuneration systems. In addition, when requesting resignation for reasons such as personnel needs or organizational restructuring, you should document the background of interviews, the information provided, and the options available to the worker in a transparent manner through written records or minutes, so as to avoid misunderstandings that repeated requests for resignation amount to forced retirement. In particular, where redundancy dismissals or restructuring are necessary, handling the termination of employment by having workers submit letters of resignation carries a high risk of later escalating into unfair dismissal disputes. It is preferable to satisfy the requirements and procedures for redundancy dismissal or to use a clearer legal form such as a mutual termination agreement. In such matters, obtaining early advice from experts such as Labor Law Firm Law& when designing the restructuring plan can be highly effective in preventing disputes. 2. Matters Decided A. Case Overview and Procedural History A. Employee Status under the Labor Standards Act The Secretary‑General is a staff member to whom Gwangsan‑gu’s Office Management Regulations and Personnel Regulations apply, who performed work under the employer’s direction and supervision and provided labor to the employer in a subordinate relationship for the purpose of receiving wages. Accordingly, he falls within the definition of an employee under the Labor Standards Act. B. Existence of a Dismissal It is acknowledged that the worker submitted a letter of resignation at the employer’s request. However, as no circumstances were identified that would allow an inference that the worker’s expression of intent to resign was invalid, it is difficult to find any defect in that expression of intent. The worker’s expression of intent to resign is deemed to have taken effect when it reached the employer in this case on July 9, 2025, and, accordingly, the employment relationship between the parties … 3. Summary of the Decision A. Summary of the Labor Relations Commission’s Findings A. Employee Status under the Labor Standards Act The Secretary‑General is a staff member to whom Gwangsan‑gu’s Office Management Regulations and Personnel Regulations apply, who performed work under the employer’s direction and supervision and provided labor to the employer in a subordinate relationship for the purpose of receiving wages. Accordingly, he falls within the definition of an employee under the Labor Standards Act. B. Existence of a Dismissal It is acknowledged that the worker submitted a letter of resignation at the employer’s request. However, as no circumstances were identified that would allow an inference that the worker’s expression of intent to resign was invalid, it is difficult to find any defect in that expression of intent. The worker’s expression of intent to resign is deemed to have taken effect when it reached the employer in this case on July 9, 2025, and, accordingly, the employment relationship between the parties … / [See More Related Decisions] - “Unfair Dismissal Decision on Expression of Intent to Resign (Resignation Remark in Telephone Call)” - “Unfair Dismissal Decision on Limitation of Legal Application (Fewer Than Five Regular Employees)” - “Unfair Dismissal Decision on Failure to Meet Requirements for Redundancy Dismissal (Workout Company)” [Tags] Unfair dismissal, employee status·expression of intent to resign (Secretary‑General), 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 Expectation of Renewal (Extension of Childcare Leave),” in a new window. ※ The list of decisions related to employee status·expression of intent to resign (Secretary‑General) can be viewed together on the “List of Decisions Related to Employee Status·Expression of Intent to Resign (Secretary‑General)” page. ※ Korean version of this case: Korean article