[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “forced resignation (shopping mall thank-you message).” Date of decision: 2026-08-07 · Decision body: Seoul Regional Labor Relations Commission · Case No.: 2026Buhae1841 Key issues in summary: (i) The interview between the employee and the employer was conducted only once and was limited to confirming whether the employee wished to continue working in light of poor performance, and there was no coercive circumstance such as the employer directly demanding submission of a resignation letter or notifying the employee of any disadvantage in case of refusal; (ii) given that the employee stated “personal reasons” as the reason for resignation on the resignation letter and submitted an annual leave application together with it, it is difficult to view the resignation as made under duress or as involuntary; (iii) immediately after the exit interview, the employee… 1. Legal Implications Ⅰ. Case Overview In this case, an employee working for an online shopping mall company submitted a resignation letter after an interview held due to poor job performance, and subsequently filed an application for remedy with the Labor Relations Commission claiming unfair dismissal. The Seoul Regional Labor Relations Commission viewed the key issue as whether the termination of the employment relationship was a unilateral dismissal by the employer, or a voluntary resignation or consensual termination by the employee. Ⅱ. Issues The issue in this case is whether “a resignation letter submitted after a single interview held due to poor performance constitutes a resignation or consensual termination based on the employee’s free will, or whether the employee was in effect dismissed as a result of coercion or pressure by the employer.” Ⅲ. Summary of the Labor Relations Commission’s Findings The panel in this case found that the interview was held only once and was limited to confirming whether the employee wished to continue working in light of poor performance, and that there was no indication of coercion such as the employer directly demanding submission of a resignation letter or notifying the employee of any disadvantage in case of refusal. It also noted that the employee stated “personal reasons” as the reason for resignation on the resignation letter and simultaneously submitted an annual leave application; that immediately after the interview the employee sent a message to the immediate supervisor stating, “It was my first time working for a shopping mall, but it was a valuable experience and I learned a lot,” which appears to be a message accepting and wrapping up the resignation according to the employee’s own will; and that, after the employee’s intention to resign was finalized, the employer paid an additional one month’s wages as a consolation payment. In light of these circumstances, the Commission held that no dismissal had occurred and that the employment relationship had been terminated based on the employee’s voluntary intention. Ⅳ. Practical Points (From the Employee’s Perspective) For an employee to successfully claim unfair dismissal, it is necessary to specifically prove coercive circumstances by the employer in the process of submitting the resignation letter, such as threats of dismissal, notice of disadvantages, or repeated demands to resign. All circumstances before and after the resignation—such as messages exchanged immediately after the interview, the contents written in the resignation letter, whether annual leave was requested, and the attitude toward receiving any consolation payment—become key materials in determining whether the resignation was “voluntary” or “forced.” Therefore, if you believe you have been unfairly dismissed, you should, as far as possible, preserve the conversations and circumstances at the time in objective forms such as text messages, messenger logs, or recordings. Ⅴ. Practical Points (From the Employer/Company’s Perspective) From the employer’s standpoint, even where it is necessary to terminate the employment relationship due to poor performance or failure to adapt, you should avoid directly demanding resignation or using expressions such as “If you do not submit a resignation letter, you will be dismissed or disadvantaged.” The content of any interview should be limited to work-related improvement requests and confirmation of the employee’s future intentions, and you should keep records as to whether the intention to resign was first clearly expressed by the employee, as well as the circumstances surrounding the resignation letter, messenger communications, and payment of any consolation money. Such records will assist in proving before the Labor Relations Commission or the courts that the termination was a “consensual termination or voluntary resignation.” (ⓒ2026 copyright. Labor Attorney Youngseop Moon, Labor Law Firm Law&.) 2. Matters Decided A. Case Overview and Procedural History A case in which it was held that the employment relationship was terminated based on the employee’s voluntary intention, and that no dismissal had occurred. 3. Gist of the Decision A. Summary of the Labor Relations Commission’s Findings (1) The interview between the employee and the employer was conducted only once and was limited to confirming whether the employee wished to continue working in light of poor performance, and there was no coercive circumstance such as the employer directly demanding submission of a resignation letter or notifying the employee of any disadvantage in case of refusal; (2) given that the employee stated “personal reasons” as the reason for resignation on the resignation letter and submitted an annual leave application together with it, it is difficult to view the resignation as made under duress or as involuntary; (3) the fact that immediately after the exit interview the employee sent a message to the immediate supervisor stating, “It was my first time working for a shopping mall, but it was a valuable experience and I learned a lot,” appears to be part of the process of accepting and finalizing the resignation according to the employee’s own will; and (4) the fact that, after the employee’s intention to resign was finalized, the employer paid an additional amount equivalent to one month’s wages as consolation money supports the conclusion that the termination of the employment relationship was by agreement. In light of these factors, the Commission found that no dismissal had occurred. [See More Related Decisions] - “Unfair Dismissal Decision on ‘Remedial Interest · Refusal to Rehire (Post-Retirement Fixed-Term Employee)’” - “Unfair Dismissal Decision on ‘Business Necessity (Reassignment of Cleaner)’” - “Unfair Dismissal Decision on ‘Excessive Disciplinary Measure (Negligent Supervision/Management)’” [Tags] Unfair dismissal, forced resignation (shopping mall thank-you message), 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 ‘Dismissal of Application (Failure to Comply with Correction Order)’,” in a new window. ※ The list of decisions related to forced resignation (shopping mall thank-you message) can be viewed together in the “List of Decisions on Forced Resignation (Shopping Mall Thank-You Message).” ※ Korean version of this case: Korean article