This case concerns a decision in which the employer prevailed (application dismissed) on the issue of “voluntary resignation (submission of a resignation letter).” Date of Decision: 2026-08-25 · Decision Authority: Jeonnam Regional Labor Relations Commission · Case No.: 2026부해666 Key Issue Summary: It was confirmed that the workers themselves signed and submitted resignation letters; it was difficult to view that there was coercion or duress by the employer in the process of submitting the resignation letters; in respect of some workers, the employer recommended that they continue working but the workers refused; the employer’s intention to accept the termination of the employment relationship, as a legal act based on the workers’ intent to resign, was valid; and from the time of drafting and submitting the resignation letters until the end date of employment, the workers did not clearly express to the employer any intention to withdraw their resignation regarding the termination of the employment relationship... --- 1. Legal Implications In this case, the workers filed an application for relief with the Labor Relations Commission alleging unfair dismissal, but the Jeonnam Regional Labor Relations Commission viewed the matter as a voluntary resignation by the workers and held that no dismissal existed at all. This is a type of case very frequently encountered in practice by Labor Law Firm Law&, and it is a useful opportunity to once again整理 the boundary between submission of a resignation letter and voluntary resignation on the one hand, and dismissal on the other. Ⅰ. Case Overview At a certain point in time, all of the workers signed resignation letters and submitted them to the employer, and the employer accepted them and terminated the employment relationships. Thereafter, the workers filed an application for relief from unfair dismissal, claiming that they had not voluntarily resigned but had in effect been forced to quit. During the Labor Relations Commission’s hearing, additional circumstances were confirmed, including that the employer had recommended continued employment to some of the workers, but those workers refused. Ⅱ. Issues The issue in this case is whether, in a situation where the workers submitted resignation letters, their intent to resign constituted a genuine expression of intent, or whether, due to coercion, duress, etc. by the employer, it merely took the outward form of resignation while in substance constituting a dismissal. Ⅲ. Summary of the Labor Relations Commission’s Reasoning The panel in this case found that the employer had received written resignation letters from the workers, and that it was clearly confirmed that the workers themselves signed and submitted those resignation letters. It was difficult to find that, in the course of the resignation process, the employer created a coercive situation such as abuse, verbal violence, or prolonged confinement, or induced an expression of intent that did not reflect the workers’ true intent. In addition, in respect of some workers, the employer in fact recommended that they continue working, but the workers refused. In light of these circumstances, the panel held that the workers themselves expressed an intent to terminate their employment contracts by resigning, and that the legal effect of mutual termination (voluntary resignation by agreement) validly arose when the employer accepted that intent to resign. Furthermore, from the time the resignation letters were submitted until the termination of the employment relationships, the workers did not explicitly withdraw their intent to resign, and they did not submit objective evidence to support their assertions that their intent had been formed under duress or did not reflect their true will. Taking all of this into account, the panel held that no “dismissal disposition” existed in this case. Ⅳ. Practical Points (From the Worker’s Perspective) If a worker personally signs and submits a resignation letter, then unless special circumstances of coercion or duress can be proven, the intent to resign will generally be regarded as valid, and the situation will very likely be evaluated as a resignation or mutual termination rather than a dismissal. Even if the worker later changes their mind after submitting the resignation letter, once the employer has already accepted the resignation and the effect of terminating the employment contract has arisen, unilateral withdrawal is difficult. Accordingly, rather than impulsively submitting a resignation letter in a heightened emotional state, it is advisable to allow sufficient time for reflection and, in parallel, to secure evidence for any future dispute—for example, by leaving a record of any coercive circumstances through written documents or audio recordings. Ⅴ. Practical Points (From the Employer/Company’s Perspective) From the employer’s perspective, it is important to retain materials that can objectively demonstrate that the submission of the resignation letter was voluntary and based on the worker’s free will, so as not to invite suspicion that resignation was induced as a means of evading restrictions on dismissal. In particular, as in this case, if the employer clearly recommends continued employment to some workers and records both that recommendation and the workers’ refusal in documents, emails, interview notes, etc., this will be very helpful in proving that the separation was a voluntary resignation rather than a dismissal. In addition, after a resignation letter is submitted, employers should bear in mind that the worker may request withdrawal of their intent to resign. The employer should clearly record and manage whether and when it accepts the resignation, in order to prevent future disputes over the timing of the formation of a mutual termination agreement and the possibility of withdrawal. 2. Matters Decided a. Case Overview and Procedural History This is a case in which the workers submitted resignation letters, the employer recommended continued employment to some of the workers but they refused, and it was deemed reasonable to find that the employer’s intention to accept the termination of the employment relationship, based on the workers’ intent to resign, was legally valid. The Commission therefore held that no dismissal existed. 3. Summary of Reasoning a. Summary of the Labor Relations Commission’s Reasoning It was confirmed that the workers themselves signed and submitted the resignation letters; it was difficult to view that there was coercion or duress by the employer in the process of submitting the resignation letters; in respect of some workers, the employer recommended that they continue working but the workers refused; the employer’s intention to accept the termination of the employment relationship, as a legal act based on the workers’ intent to resign, was valid; from the time of drafting and submitting the resignation letters until the end of employment, the workers did not withdraw their intent to resign regarding the termination of the employment relationship; and the workers failed to submit materials that could objectively prove their assertions that their intent had been formed under duress or did not reflect their true will. Taking all of this into account, the Commission determined that no dismissal existed. [See More Related Decisions] - “Unfair Dismissal Decision on ‘Interest in Relief · Refusal to Rehire (Post-Retirement Fixed-Term Employment)’” - “Unfair Dismissal Decision on ‘Expectation of Employment Succession (Competitive Bidding for Logistics Center)’” - “Unfair Dismissal Decision on ‘Business Necessity (Reassignment of Cleaning Staff)’” [Tags] Unfair dismissal, voluntary resignation (submission of 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 Decisions” series by Labor Law Firm Law&. ※ The previous article, “Unfair Dismissal Decision on ‘Defect in Written Notice (Report of Loss of Four Major Insurance Qualifications)’,” can be viewed in a new window. ※ A list of decisions related to voluntary resignation (submission of resignation letter) can be viewed under “List of Decisions Related to Voluntary Resignation (Submission of Resignation Letter).” ※ Korean version of this case: Korean article