[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “existence of hiring commitment (city gas safety manager).” Decision Committee: Incheon Regional Labor Relations Commission 2026Buhae693 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-08-04 · Case Result: Dismissed Summary of key issues: No evidentiary materials were submitted at all to show that, at the time of the interview, the employer expressed to the worker any intention confirming hiring, such as final acceptance or commencement of work, or any hiring commitment; according to the materials submitted by the employer, the employer posted a job advertisement on a recruitment portal site to hire one safety manager for a city gas charging facility; on 2026. … 1. Legal Implications Ⅰ. Case Overview In this case, a worker who claimed unfair dismissal in the course of recruitment for a safety manager at a city gas charging facility filed an application for remedy with the Labor Relations Commission, but the Incheon Regional Labor Relations Commission dismissed the application. The worker asserted that hiring had been finalized after the interview and therefore claimed unfair dismissal, while the employer argued that no hiring commitment had been formed at all. Ⅱ. Issues The issue in this case is whether, “without a separate written employment contract after the interview, a hiring confirmation or hiring commitment can be recognized solely based on the employer’s oral statements, and, on that premise, whether an application for remedy for unfair dismissal to the Labor Relations Commission is possible.” Ⅲ. Summary of the Labor Relations Commission’s Reasoning The decision panel in this case noted that there was no objective evidentiary material whatsoever to confirm that, at the time of the interview, the employer expressed to the worker any intention confirming hiring, such as final acceptance or commencement of work, or any hiring commitment; that the sequence of steps from job posting, application, interview, to notice of rejection did not differ from ordinary new hiring procedures; and that, on the day after the interview, a message was sent to the worker stating that “another person has been finally accepted” for the position. In light of the above, the Commission found it difficult to conclude that an employment contract or a hiring commitment relationship had been formed between the worker and the employer. The Commission held that, because the underlying employment relationship itself could not be recognized, the dismissal in this case did not constitute unfair dismissal. Ⅳ. Practical Points (From the Worker’s Perspective) From the worker’s perspective, you should not assume that hiring has been finalized based solely on what the employer says during the interview. You must bear in mind that, without objective materials such as a text message or email notifying you of acceptance, a letter of hiring commitment, or an employment contract, it will be difficult to contest unfair dismissal before the Labor Relations Commission. In particular, vague expressions such as “Get ready to start work” or “It’s almost confirmed” are unlikely to be accepted as establishing a hiring commitment. Where possible, you should have the hiring decision clearly recorded in writing or by text message. Ⅴ. Practical Points (From the Employer/Company Perspective) From the employer’s perspective, you should use careful language when explaining hiring status during the interview process. If you use expressions that may mislead a worker before final acceptance, there is a risk that the matter may later develop into a dispute over unfair dismissal or a claim for damages. It is also advisable to clearly communicate each stage of decision-making—hiring commitment, final acceptance, and rejection—by means that leave a record, such as text messages or emails, and, at the hiring-commitment stage, to organize, together with internal rules, whether an employment contract has been formed and on what grounds it may be cancelled. This decision of the Incheon Regional Labor Relations Commission suggests that, even in disputes at the hiring stage, it is necessary to carefully examine, with the assistance of experts such as Labor Law Firm Law&, whether an employment contract or hiring commitment relationship—an essential premise for the establishment of unfair dismissal—actually exists. 2. Matters Decided A. Case Overview and Procedural History No evidentiary materials were submitted at all to show that, at the time of the interview, the employer expressed to the worker any intention confirming hiring, such as final acceptance or commencement of work, or any hiring commitment; according to the materials submitted by the employer, the employer posted a job advertisement on a recruitment portal site to hire one safety manager for a city gas charging facility; the worker applied for the position on 2026. 5. 27., and the employer conducted an interview with the worker on 2026. 6. 1.; and, at 14:51 on the following day, 2026. 6. 2., the employer sent the worker a message notifying the result of the recruitment stating, “For the Jangsu safety manager position you applied for this time, another person has been finally accepted” … 3. Summary of Decision A. Summary of the Labor Relations Commission’s Reasoning No evidentiary materials were submitted at all to show that, at the time of the interview, the employer expressed to the worker any intention confirming hiring, such as final acceptance or commencement of work, or any hiring commitment; according to the materials submitted by the employer, the employer posted a job advertisement on a recruitment portal site to hire one safety manager for a city gas charging facility; the worker applied for the position on 2026. 5. 27., and the employer conducted an interview with the worker on 2026. 6. 1.; and, at 14:51 on the following day, 2026. 6. 2., the employer sent the worker a message notifying the result of the recruitment stating, “For the Jangsu safety manager position you applied for this time, another person has been finally accepted” … / [See More Related Decisions] - “‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’ Unfair Dismissal Decision” – Date of Decision: - Case Number: First-Instance Decision Upheld - “‘Dismissal (Non-Appearance at Hearing)’ Unfair Dismissal Decision” – Date of Decision: - Case Number: Dismissed - “‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’ Unfair Dismissal Decision” [Tags] Unfair dismissal, existence of hiring commitment (city gas safety manager), 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 one of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&. ※ You can view the previous article, “‘Disciplinary Dismissal (Repeated Vehicle Accidents)’ Unfair Dismissal Decision,” in a new window. ※ The list of decisions related to existence of hiring commitment (city gas safety manager) can be found together in the “List of Decisions Related to Existence of Hiring Commitment (City Gas Safety Manager).” ※ Korean version of this case: Korean article