[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “voluntary resignation (submission of resignation letter).” Decision Committee: Jeonnam Regional Labor Relations Commission, 2026Buhae595 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-08-05 · Case Result: Dismissed Summary of Key Issue: It is difficult to view that the employer coerced or pressured the employee into submitting a resignation letter, and given that the employee personally signed and submitted the resignation letter, it is reasonable to find that the employment relationship was terminated according to the employee’s intention to resign. Therefore, no dismissal exists. 1. Legal Implications Ⅰ. Case Overview In this case, the employee filed an application with the Labor Relations Commission seeking a remedy for unfair dismissal, while the employer argued that the employment relationship had ended because the employee voluntarily submitted a resignation letter. The Jeonnam Regional Labor Relations Commission focused on the circumstances surrounding the submission of the resignation letter and the situation at the time in order to determine whether a dismissal existed. Ⅱ. Summary of Issues The issue in this case is whether, when an employee submits a resignation letter, there was coercion or pressure by the employer in the process of submission, and therefore whether the termination of the employment relationship constitutes an unfair dismissal or a voluntary resignation by the employee. Ⅲ. Summary of the Labor Relations Commission’s Decision The decision panel in this case found that it was difficult to conclude that the employer coerced or pressured the employee to resign, that the employee personally signed and submitted the resignation letter, and that there was no evidence indicating that the expression of intent to resign was not genuine or was otherwise seriously defective. Accordingly, the panel held that the employment relationship should be deemed to have been terminated according to the employee’s intention to resign, and that there was no dismissal based on the unilateral will of the employer. Therefore, the panel determined that it was appropriate to regard the dismissal disposition in this case as non-existent and to dismiss the employee’s application for a remedy for unfair dismissal. Ⅳ. Practical Points (From the Employee’s Perspective) When an employee submits a resignation letter, the Labor Relations Commission and the courts, as a rule, regard this as an expression of the employee’s own intention to terminate the employment contract. If, at the time of submitting the resignation letter, there were circumstances such as abusive language, verbal abuse, prolonged pressure, or threats leaving no practical choice but to resign, you must preserve the circumstances and evidence (text messages, messenger records, recordings, written complaints, etc.) as promptly as possible. In addition, if you had no intention to resign but wrote a resignation letter because you felt you had no choice, it is very important, for any later dispute over unfair dismissal, to clearly notify the company in writing or by email at an early stage of your intention to withdraw the resignation and the circumstances of coercion. Ⅴ. Practical Points (From the Employer/Company’s Perspective) For a company to avoid liability for unfair dismissal where resignation is at issue, it must be able to prove that the resignation letter was written and submitted based on the employee’s free and voluntary will. During the process of recommending resignation, excessive reprimands, personal attacks, or de facto coercion such as statements like “If you don’t write it now, you will be disciplined or dismissed” should be avoided, as there is a high risk that the termination will later be viewed as a dismissal disguised as voluntary resignation. When receiving a resignation letter, it is helpful for preventing disputes to ensure that the employee clearly states their handwritten signature, the date of preparation, and the reason for resignation, and to manage the procedure transparently by keeping separate interview records or confirmation documents. (ⓒ2026 copyright. Labor Attorney Youngseob Moon, Labor Law Firm Law&. Unauthorized reproduction and redistribution are prohibited.) 2. Matters Decided A. Case Overview and Procedural History It is difficult to view that the employer coerced or pressured the employee into submitting a resignation letter, and given that the employee personally signed and submitted the resignation letter, it is reasonable to find that the employment relationship was terminated according to the employee’s intention to resign. Therefore, no dismissal exists. 3. Gist of the Decision A. Summary of the Labor Relations Commission’s Decision It is difficult to view that the employer coerced or pressured the employee into submitting a resignation letter, and given that the employee personally signed and submitted the resignation letter, it is reasonable to find that the employment relationship was terminated according to the employee’s intention to resign. Therefore, no dismissal exists. / [More Related Decisions] - “Expression of Intention to Resign (Resignation Remark in Telephone Call)” – Unfair Dismissal Decision - “Non-Formation of Hiring Decision (Absence of Offer Letter)” – Unfair Dismissal Decision – Decision Date: - Case No.: Original Decision Upheld - “Dismissal of Application (Non-Appearance at Hearing)” – Unfair Dismissal Decision – Decision Date: - Case No.: Dismissed [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&. ※ You can view the previous article, “‘Denial of Employee Status (Daycare Center Director)’ Unfair Dismissal Decision,” in a new window. ※ You can also view the list of decisions related to voluntary resignation (submission of resignation letter) at “List of Decisions Related to Voluntary Resignation (Submission of Resignation Letter).” ※ Korean version of this case: Korean article