[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).” Adjudicating body: Seoul Regional Labor Relations Commission 2026Buhae1841 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-08-07 · Case result: Dismissed Key issue summary: ... 1. Legal Implications Ⅰ. Case Overview In this unfair dismissal case, an employee engaged in shopping mall-related work claimed that they had been pressured to resign and filed an application with the Labor Relations Commission for a remedy for unfair dismissal. The Seoul Regional Labor Relations Commission dismissed the application. The employee argued that this was a forced resignation amounting in substance to a dismissal or redundancy by the employer, while the employer argued that the employment relationship ended because the employee voluntarily submitted a resignation letter. Ⅱ. Issues in Dispute The issue in this case is whether, in light of the circumstances after the employee submitted the resignation letter, the resignation constituted an involuntary resignation under the employer’s coercion (in substance, an unfair dismissal), or a voluntary resignation/termination by mutual agreement reflecting a concurrence of intent between the employee and the employer. Ⅲ. Summary of the Labor Relations Commission’s Reasoning The panel in this case found that it was difficult to regard the employee’s resignation as having been coerced or involuntary, considering: the fact that the employee stated “personal reasons” as the reason for resignation in the resignation letter; that the employee submitted an annual leave application together with the resignation letter; that immediately after the exit interview the employee sent a message to their direct supervisor saying, “It was my first time working for a shopping mall, and it was a valuable experience and I learned a lot,” which was in the nature of a thank-you/farewell message; and that, after the employee’s intention to resign had been finalized, the employer paid an additional amount equivalent to one month’s wages as consolation money. The Commission held that the dismissal in this case was not, in substance, a unilateral dismissal by the employer, but rather a termination by mutual agreement combining the employee’s expression of intent to resign and the employer’s acceptance, and therefore did not amount to an unfair dismissal. Ⅳ. Practical Points (From the Employee’s Perspective) If an employee submits a resignation letter on their own, states “personal reasons” or similar as the reason, and later even sends a thank-you message, it may become very difficult to argue forced resignation or unfair dismissal before the Labor Relations Commission at a later stage. If you feel that you are being pressured to resign, you should, before submitting a resignation letter, objectively preserve concrete circumstances of coercion (such as abusive language, threats of disadvantage in personnel matters, or pressure of redundancy), and, if necessary, first consult with an expert such as Labor Law Firm Law&. Ⅴ. Practical Points (From the Employer’s (Company’s) Perspective) From the company’s standpoint, it is important, in the course of recommending resignation, not to use strong pressure or threatening expressions that could be mistaken for dismissal, and to leave a transparent record of the process so that the employee can decide whether to resign based on their own choice. Clearly recording matters such as the employee’s handwritten preparation of the resignation letter, the reasons stated, the employee’s attitude after resignation (thank-you messages, etc.), and the background to the payment of any consolation money can help later prove, in an unfair dismissal dispute before the Labor Relations Commission, that the resignation was voluntary or a termination by mutual agreement. This case is a significant decision at the boundary between unfair dismissal and resignation/termination by mutual agreement, in that the Labor Relations Commission comprehensively examined the contents of the employee’s resignation letter and subsequent circumstances to determine whether there was “forced resignation.” To prevent and respond to disputes before the Labor Relations Commission, both employees and employers should carefully manage the evidence and procedures surrounding the resignation process. 2. Matters Adjudicated a. Case Overview and Procedural History ... Considering that the employee stated “personal reasons” as the reason for resignation in the resignation letter and submitted an annual leave application together with the resignation letter, making it difficult to view the resignation as coerced or involuntary; (3) that the message the employee sent to the direct supervisor immediately after the exit interview, saying “It was my first time working for a shopping mall, and it was a valuable experience and I learned a lot,” appears to be a message sent in the course of accepting and bringing closure to the resignation according to the employee’s own intent; and (4) that the employer’s payment, after the employee’s intention to resign had been finalized, of 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, the Commission determined that there was no coercion. 3. Summary of the Decision a. Summary of the Labor Relations Commission’s Reasoning ... Considering that the employee stated “personal reasons” as the reason for resignation in the resignation letter and submitted an annual leave application together with the resignation letter, making it difficult to view the resignation as coerced or involuntary; (3) that the message the employee sent to the direct supervisor immediately after the exit interview, saying “It was my first time working for a shopping mall, and it was a valuable experience and I learned a lot,” appears to be a message sent in the course of accepting and bringing closure to the resignation according to the employee’s own intent; and (4) that the employer’s payment, after the employee’s intention to resign had been finalized, of 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, the Commission determined that there was no coercion. / [See More Related Decisions] - “Unfair Dismissal Decision Concerning ‘Effectiveness of Resignation Letter (Handwritten Submission After Notice of Contract Expiry)’” - “Unfair Dismissal Decision Concerning ‘Dismissal of Application (Failure to Appear at Hearing)’” – Date of decision: - Case result: Dismissed - “Unfair Dismissal Decision Concerning ‘Expression of Intent to Resign (Resignation Remark During Telephone Call)’” [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 Concerning ‘Dismissal of Application (Failure to Comply with Order to Amend)’,” in a new window. ※ The list of decisions related to forced resignation (shopping mall thank-you message) can be viewed together at “List of Decisions Related to Forced Resignation (Shopping Mall Thank-You Message).” ※ Korean version of this case: Korean article