[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “expression of intent to resign (handwritten ‘resignation upon recommendation’).” Adjudicating body: Seoul Regional Labor Relations Commission, 2026Buhae1900 ○ ○ ○ Application for Remedy for Unfair Dismissal Decision date: 2026-08-03 · Case outcome: Dismissed Key issue summary: ① The center director in 2026 … 1. Legal Implications Ⅰ. Case Overview In this case, after the center director recommended that the employee resign, the employee voluntarily submitted a resignation letter and a resignation interview record. The issue was whether this constituted an unfair dismissal. An application for remedy for unfair dismissal was filed with the Seoul Regional Labor Relations Commission, and the Commission first examined whether a dismissal existed at all, on the premise that the employment relationship had ended when the employee voluntarily submitted a resignation letter. The Commission focused on the fact that, in the resignation letter and interview record, the employee personally wrote the reason for resignation as “resignation upon recommendation” (“권고사직”), and on that basis emphasized that this was not a unilateral redundancy or dismissal imposed by the employer, but a resignation primarily based on the employee’s own expression of intent to resign. Ⅱ. Issues The issue in this case is: “Where, after the center director recommends resignation, the employee submits a resignation letter in which he or she has personally written ‘resignation upon recommendation’ as the reason for resignation, can this be regarded as a genuine resignation, or does it in substance amount to an unfair dismissal?” Ultimately, before the Labor Relations Commission, the core dispute was whether the employee’s submission of the resignation letter was merely a formal procedure to avoid a dismissal or the result of coercion, or whether it had the nature of a consensual termination, in which the employee accepted the recommendation to resign and agreed to terminate the employment contract. Ⅲ. Summary of the Labor Relations Commission’s Decision The panel in this case acknowledged that the center director had first recommended that the employee resign. However, it found that the employee then accepted this recommendation and voluntarily submitted a resignation letter and a resignation interview record; that in the resignation-related documents the employee personally wrote the reason for resignation as “resignation upon recommendation”; and that there were no circumstances revealed in the process of submitting these documents that would suggest the expression of intent was not genuine due to coercion, threats, or the like. Accordingly, the Commission held that the employee’s submission of the resignation letter constituted a valid expression of intent to terminate the employment contract, and that the employment relationship should be deemed to have ended when the employer accepted this resignation. The Commission therefore found that no dismissal existed in the first place in this case, and ruled that the application for remedy for unfair dismissal could not be established at all. Ⅳ. Practical Points (From the Employee’s Perspective) Employees should be aware that if they themselves handwrite and submit a reason for resignation such as “resignation upon recommendation” in a resignation letter or interview record, there may be significant limitations later in arguing before the Labor Relations Commission that the separation was a forced dismissal. When you receive a recommendation to resign, you should avoid drafting documents immediately. Instead, take time to think carefully and clearly confirm whether the employer is proceeding with a dismissal or a resignation upon recommendation, and what measures may be taken if you refuse to resign. Even if you have already submitted a resignation letter, there may be room to withdraw it, within the bounds of good faith, if the employer has not yet accepted it or if the expression of intent to resign constitutes an offer to terminate by mutual agreement. If you change your mind, it is important to promptly express your intention to withdraw in writing. Ⅴ. Practical Points (From the Employer/Company’s Perspective) From the company’s standpoint, to prevent disputes over unfair dismissal, it is advisable, when proceeding with a resignation upon recommendation, to provide the employee with sufficient explanation and a cooling-off period, and to ensure procedural fairness by clearly including language confirming voluntariness in the resignation letter and interview record. However, where, under the pretext of restructuring or avoiding redundancies, the company in effect designates specific employees as dismissal targets and then forces them to submit resignation letters, such separations may be evaluated as non-genuine expressions of intent, and thus as unfair dismissals, even if they outwardly appear as “resignations upon recommendation.” Caution is therefore required. In addition, because the possibility and timing of withdrawal differ depending on whether a resignation letter constitutes an offer for termination by mutual agreement or a unilateral notice of termination, HR and labor-management personnel should familiarize themselves with the relevant case law principles, and should prepare resignation forms and processing procedures in advance, bearing in mind how the Labor Relations Commission and the courts are likely to view them in the event of a dispute. This decision of the Seoul Regional Labor Relations Commission once again confirms the criteria for distinguishing, at the boundary between unfair dismissal and resignation/termination by mutual agreement, whether in reality the separation was a resignation or a dismissal. Based on an accurate understanding of Commission practice and case law, parties in similar cases should consider reviewing potential risks in advance with the advice of a specialized labor law firm such as Labor Law Firm Law&. 2. Matters Decided A. Case Overview and Procedural History Taking into account: (i) that, after the center director recommended on 27 January 2026 that the employee resign, the employee accepted this and voluntarily submitted a resignation letter, a resignation interview record, and other documents; and (ii) that in the resignation letter and resignation interview record the employee personally wrote the reason for resignation as “resignation upon recommendation,” the Commission concluded that the employment relationship ended when the employee submitted the resignation letter, and that there was no dismissal. 3. Summary of the Decision A. Summary of the Labor Relations Commission’s Reasoning Taking into account: (i) that, after the center director recommended on 27 January 2026 that the employee resign, the employee accepted this and voluntarily submitted a resignation letter, a resignation interview record, and other documents; and (ii) that in the resignation letter and resignation interview record the employee personally wrote the reason for resignation as “resignation upon recommendation,” the Commission concluded that the employment relationship ended when the employee submitted the resignation letter, and that there was no dismissal. / [See More Related Decisions] - “Unfair Dismissal Case Concerning ‘Expression of Intent to Resign (Resignation Remark Made by Telephone)’” - “Unfair Dismissal Case Concerning ‘Dismissal of Application (Non-Appearance at Hearing)’” – Decision date: – Case outcome: Dismissed - “Unfair Dismissal Case Concerning ‘Order to Suspend Business (Non-Payment of 30% of Average Wages)’” [Tags] Unfair dismissal, expression of intent to resign (handwritten ‘resignation upon recommendation’), 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 Case Concerning ‘Order to Suspend Business (Non-Payment of 30% of Average Wages)’,” in a new window. ※ A list of decisions related to expression of intent to resign (handwritten ‘resignation upon recommendation’) can be found under “List of Decisions Related to Expression of Intent to Resign (Handwritten ‘Resignation upon Recommendation’).” ※ Korean version of this case: Korean article