[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “effectiveness of a resignation letter (handwritten submission after notice of expiration of employment term).” Adjudicating Body: Incheon Regional Labor Relations Commission 2026Buhae717 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-08-10 · Case Result: Dismissed Summary of Key Issues: Where the employment contract and the company’s rules of employment, as executed by the parties, contain provisions regarding expiration of the fixed employment term; where, in light of the employee’s prior social and work experience, it is difficult to find that the employee did not understand the nature of an employment contract and a resignation letter as dispositive documents; and where no other circumstances are found that would render the resignation letter ineffective, the Commission held that, in response to the employer’s notice of expiration of the employment term and request for submission of a resignation letter, the employee, fully aware of the expiration of the employment term, ... 1. Legal Implications In this unfair dismissal case, the Labor Relations Commission examined how the employee’s submission of a resignation letter interacted with the expiration of the fixed-term employment contract, and, unlike the fixed-term and redundancy dismissal cases frequently handled by Labor Law Firm Law&, this case turned on the “effectiveness of a resignation letter.” The Incheon Regional Labor Relations Commission determined the existence of unfair dismissal and of any remedial interest primarily by analyzing the employer’s notice of expiration of the employment term and the meaning of the resignation letter subsequently submitted by the employee. Ⅰ. Case Overview The employee entered into a fixed-term employment contract with the employer and worked under that contract. At the time the contract was due to expire, the employer notified the employee of the expiration and requested submission of a resignation letter, and the employee submitted a resignation letter accordingly. Thereafter, the employee filed an application for remedy for unfair dismissal with the Labor Relations Commission, arguing that, in substance, the employment relationship had been unilaterally terminated by the employer, i.e., that it constituted unfair dismissal. The Labor Relations Commission comprehensively reviewed the contents of the employment contract and rules of employment, the employee’s social and work experience, and the circumstances surrounding the submission of the resignation letter, and then determined whether the employment relationship had ended due to expiration of the employment term or due to dismissal by the employer. Ⅱ. Issues The issue in this case is whether, “where, after notice of expiration of a fixed-term employment contract, the employee submits a resignation letter at the employer’s request, that resignation letter constitutes a genuine and valid expression of intent to resign, and whether the employment relationship ended by expiration of the employment term.” Ⅲ. Summary of the Labor Relations Commission’s Decision The panel in this case noted that the employment contract and the company’s rules of employment submitted by the employer expressly stipulated the employment term and that the employment relationship would terminate upon expiration of that term; that, in light of the employee’s prior social and work experience, it was difficult to conclude that the employee did not understand the legal significance of the employment contract and resignation letter; and that no other special circumstances, such as coercion or deceit, were found that would render the resignation letter invalid. Accordingly, the panel found it reasonable to view that, after receiving the employer’s notice of expiration of the employment term and request for submission of a resignation letter, the employee, fully aware of the fact of contract expiration, voluntarily drafted and submitted the resignation letter. The panel held that there was no dismissal in this case, that the employment relationship ended due to expiration of the employment term, and that there was therefore no remedial interest in an unfair dismissal claim. Ⅳ. Practical Points (From the Employee’s Perspective) Employees should be mindful that, where an employment contract and rules of employment they have signed contain provisions on the contract term and the handling of matters upon expiration, the wording of those provisions will, in principle, be applied as written. Particularly for employees with prior social and work experience, it is difficult to challenge the effectiveness of a resignation letter solely on the ground that they “did not know what legal effect a resignation letter would have.” It is therefore important, in advance, to secure evidence that could substantiate a claim that the expression of intent was not genuine due to coercion, threats, deceit, or similar circumstances. In addition, if a fixed-term employee submits a resignation letter after receiving notice of contract expiration, there is a high risk that the termination will subsequently be evaluated as “termination due to expiration of the term,” rather than as unfair dismissal. Employees should therefore seek professional advice before submitting any resignation letter. Ⅴ. Practical Points (From the Employer/Company Perspective) From the employer’s perspective, it is very important for dispute prevention to clearly stipulate the employment term and the provision that the employment relationship ends upon expiration of that term in the employment contract, and to ensure consistency with the rules of employment. It is also helpful, in any subsequent unfair dismissal dispute, to preserve records of the process of notifying the employee of the expiration and of the circumstances under which the resignation letter was submitted—such as emails and interview or meeting notes—to prove the voluntary nature of the resignation and the employee’s awareness of the contract’s expiration. However, even if a resignation letter is obtained in form, if in substance there was strong pressure or threats—such as “if you do not submit a resignation letter, we will impose severe disciplinary action”—the termination may be evaluated as a dismissal rather than a voluntary resignation. Employers should therefore refrain as much as possible from pressuring employees to submit resignation letters. To prevail in unfair dismissal and fixed-term contract termination cases of this type, it is necessary to have an accurate understanding of the legal principles governing resignation, mutual termination, and dismissal, as well as the termination of fixed-term employment contracts, and to systematically manage, in advance, evidence such as contracts, rules of employment, and interview or meeting records in line with those principles. 2. Matters Adjudicated A. Case Overview and Procedural History The employment contract executed by the parties and the company’s rules of employment contain provisions regarding expiration of the employment term. In light of the employee’s prior social and work experience, it is difficult to find that the employee did not understand the nature of the employment contract and resignation letter as dispositive documents, and no other circumstances have been identified that would render the resignation letter ineffective. Accordingly, it is reasonable to view that, in response to the employer’s notice of expiration of the employment term and request for submission of a resignation letter, the employee, fully aware of the expiration of the employment term, submitted a resignation letter to the employer. Therefore, the employment relationship is deemed to have ended due to expiration of the employment term, and no [unfair dismissal] exists. 3. Summary of Decision A. Summary of the Labor Relations Commission’s Decision The employment contract executed by the parties and the company’s rules of employment contain provisions regarding expiration of the employment term. In light of the employee’s prior social and work experience, it is difficult to find that the employee did not understand the nature of the employment contract and resignation letter as dispositive documents, and no other circumstances have been identified that would render the resignation letter ineffective. Accordingly, it is reasonable to view that, in response to the employer’s notice of expiration of the employment term and request for submission of a resignation letter, the employee, fully aware of the expiration of the employment term, submitted a resignation letter to the employer. Therefore, the employment relationship is deemed to have ended due to expiration of the employment term, and no [unfair dismissal] exists. / [More Related Decisions] - “‘Non-Formation of Hiring Decision (Absence of Offer Letter)’ Unfair Dismissal Decision” – Date of Decision: – Case Result: Initial Decision Upheld - “‘Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)’ Unfair Dismissal Decision” - “‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’ Unfair Dismissal Decision” [Tags] Unfair dismissal, effectiveness of resignation letter (handwritten submission after notice of expiration of employment term), refusal to renew fixed-term contract, 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series. ※ The previous article, “‘Probationary Evaluation (Refusal of Regular Employment)’ Unfair Dismissal Decision,” can be viewed in a new window. ※ A list of decisions related to the effectiveness of resignation letters (handwritten submission after notice of expiration of employment term) can be found in the “List of Decisions Related to Effectiveness of Resignation Letters (Handwritten Submission After Notice of Expiration of Employment Term).” ※ Korean version of this case: Korean article