This case is an unfair dismissal decision concerning the issue of “voluntary resignation (submission of resignation letter)” in which the employer ultimately prevailed (application dismissed). [Case Information] This case concerns a decision where, on the issue of “voluntary resignation (submission of resignation letter),” the employer prevailed and the application was dismissed. Decision Body: Jeonnam Regional Labor Relations Commission 2026Buhae666 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-08-25 · Case Result: Dismissed Summary of Key Issues: … it was confirmed that it is difficult to view the submission of resignation letters by the employees as having been made under the employer’s coercion or duress; that, for some employees, the employer recommended continued employment but the employees refused; that the employer’s intention to accept termination of the employment relationship in accordance with the employees’ intention to resign was legally effective; and that, from the time the resignation letters were prepared and submitted until the last day of employment, the employees did not withdraw their intention to resign with respect to the termination of the employment relationship. In light of these and other circumstances, … 1. Legal Implications Ⅰ. Case Overview In this application for remedy for unfair dismissal, the employees argued that they had submitted resignation letters under pressure from the employer and that, in substance, this constituted a dismissal. On this basis, they applied to the Labor Relations Commission for relief. The Jeonnam Regional Labor Relations Commission, after reviewing the relevant materials and statements and comprehensively examining the circumstances surrounding the submission of the resignation letters, whether the intention to resign had been withdrawn, and whether the employer’s coercion or duress existed, rejected the employees’ unfair dismissal claims and dismissed their applications. Ⅱ. Summary of Issues The issue in this case is whether, where an employee has submitted a resignation letter, there was any coercion or duress by the employer in relation to that intention to resign, and whether the intention to resign constitutes a declaration of intent that does not reflect the employee’s true intention such that, in substance, it can be regarded as a dismissal. Ⅲ. Summary of the Labor Relations Commission’s Reasoning The decision panel in this case noted that, for some employees, the employer recommended that they continue working but the employees refused; that from the time the resignation letters were submitted until the termination of employment there was no fact of the employees withdrawing their intention to resign; and that the employees failed to submit any materials that could objectively prove the alleged coercion, duress, or lack of genuine intent. In light of these circumstances, the panel found it difficult to view the submission of the resignation letters as having been made under the employer’s coercion or duress, and held that the employer’s intention to accept the termination of the employment relationship in accordance with the employees’ intention to resign was legally effective. The panel therefore determined that no dismissal disposition existed in this case, and that it was appropriate to dismiss the application for remedy for unfair dismissal. Ⅳ. Practical Points (From the Employee’s Perspective) Employees should be aware that, once a resignation letter has been submitted, absent special circumstances, the intention to resign will generally be regarded as a valid declaration of intent directed at terminating the employment contract. To assert coercion, duress, or that the declaration did not reflect one’s true intention, it is important to secure objective evidence—such as text messages, recordings, or emails—that can substantiate the specific circumstances, so that such claims are more readily accepted by the Labor Relations Commission. In addition, if you change your mind after submitting a resignation letter, you should clearly express your intention to withdraw your resignation without delay and in writing or other clear form, regardless of whether the employer has accepted it, and retain materials that can prove such withdrawal. Ⅴ. Practical Points (From the Employer’s/Company’s Perspective) From the employer’s standpoint, when receiving resignation letters in the course of restructuring or personnel management, it is important to avoid words or conduct that could be misunderstood as coercion or threats, and to put in place written documentation and procedures that can confirm the employee’s voluntary intention. In particular, if the employer clearly proposed continued employment and the employee refused, or if the employee did not request withdrawal after submitting the resignation letter, documenting such facts can serve as favorable evidence in an unfair dismissal dispute. Even when terminating the employment relationship in the form of resignation or mutual agreement, employers should explain and record the circumstances of the resignation and the fact that the employee’s freedom of choice was sufficiently guaranteed, so as not to give the impression of circumventing the dismissal restrictions under the Labor Standards Act. (ⓒ2026 copyright. Labor Attorney Moon Young-seop, Labor Law Firm Law&. Unauthorized reproduction and redistribution are prohibited.) 2. Matters Decided A. Case Overview and Procedural History … it was confirmed that it is difficult to view the submission of resignation letters by the employees as having been made under the employer’s coercion or duress; that, for some employees, the employer recommended continued employment but the employees refused; that the employer’s intention to accept termination of the employment relationship in accordance with the employees’ intention to resign was legally effective; that, from the time the resignation letters were prepared and submitted until the last day of employment, the employees did not withdraw their intention to resign with respect to the termination of the employment relationship; and that the employees failed to submit any materials that could objectively prove their allegations of coercion or lack of genuine intent by the employer. Taking all of these circumstances into consideration, it was determined that [the dismissal] did not exist. 3. Summary of the Decision A. Summary of the Labor Relations Commission’s Reasoning … it was confirmed that it is difficult to view the submission of resignation letters by the employees as having been made under the employer’s coercion or duress; that, for some employees, the employer recommended continued employment but the employees refused; that the employer’s intention to accept termination of the employment relationship in accordance with the employees’ intention to resign was legally effective; that, from the time the resignation letters were prepared and submitted until the last day of employment, the employees did not withdraw their intention to resign with respect to the termination of the employment relationship; and that the employees failed to submit any materials that could objectively prove their allegations of coercion or lack of genuine intent by the employer. Taking all of these circumstances into consideration, it was determined that [the dismissal] did not exist. / [See More Related Decisions] - Unfair Dismissal Case Law on “Expression of Intention to Resign (Resignation Remark During Telephone Call)” - Unfair Dismissal Case Law on “Let’s Notify in Writing (Report of Loss of Four Major Social Insurance Qualifications)” - Unfair Dismissal Case Law on “No Formation of Hiring Commitment (Absence of Offer Letter)” – Date of Decision: – Case Result: First-Instance Decision Upheld [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 Case Law” series by Labor Law Firm Law&. ※ You can view the previous article, “Unfair Dismissal Case Law on ‘Let’s Notify in Writing (Report of Loss of Four Major Social Insurance Qualifications)’,” in a new window. ※ A list of decisions related to voluntary resignation (submission of resignation letter) can be found in the “List of Case Law on Voluntary Resignation (Submission of Resignation Letter).” ※ Korean version of this case: Korean article