[Case Information] This case is a decision on the issue of “existence of dismissal (refusal to submit resignation letter)” in which the employer prevailed and the application was dismissed. Decision Committee: Seoul Regional Labor Relations Commission 2026Buhae1825 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-07-29 · Case Result: Dismissed Summary of Key Issues: ... 1. Legal Implications Ⅰ. Case Overview In this case, the employee filed an application for remedy for unfair dismissal with the Labor Relations Commission, but the Seoul Regional Labor Relations Commission ruled in favor of the employer and dismissed the application. Among the many unfair dismissal cases handled by Labor Law Firm Law&, this is a case in which the key issues were whether the employee had an intention to resign and whether a mutual termination of the employment contract had been formed. The employee argued that he/she had not voluntarily resigned, but had in effect been dismissed by the employer. The employer, on the other hand, argued that the employment contract had not been terminated by dismissal or by any other means, and that it had in fact continuously requested the employee to continue working. Ⅱ. Summary of Issues The issue in this case is whether, “in a situation where the employee clearly refused to draft a resignation letter and consistently did not express an intention to resign, the employer’s conduct can be viewed as a unilateral termination of the employment relationship irrespective of the employee’s intention, that is, as a dismissal.” In other words, in this case the Labor Relations Commission needed to determine, based on the specific facts, whether the cause of termination of the employment contract was dismissal, resignation or mutual termination, or whether the employment relationship was in fact still ongoing. Ⅲ. Summary of the Labor Relations Commission’s Decision The decision panel in this case found that the employer had requested the employee to submit a resignation letter, but the employee had clearly refused to draft such a letter and had never thereafter expressed any intention to resign; that once the employer recognized that a mutual termination of the employment contract had not been formed, it immediately notified the employee that “the employment contract remains valid, so you must report to work and perform your duties”; and that the employer consistently expressed its lack of intention to terminate the employment relationship, for example by not complying with the employee’s request to report loss of insured status under employment insurance, and by paying wages even for certain periods during which the employee did not report to work. In light of these circumstances, the Commission held that it could not be viewed that the employer had unilaterally terminated the employment relationship irrespective of the employee’s intention, and therefore that there was no disposition constituting a dismissal under the Labor Standards Act. Taking all of the above into account, the Labor Relations Commission found that the employer had not terminated the employment relationship by way of dismissal; rather, the employment contract remained in effect, and there was merely the circumstance that the employee had not reported to work. Ⅳ. Practical Points (From the Employee’s Perspective) From the employee’s perspective, when receiving a request from the employer to resign, if there is no intention to resign it is important to clearly and repeatedly express the intention “I will not resign.” In addition, in many cases a mere verbal dispute does not amount to a valid dismissal, so you should carefully check how the intention to terminate the employment relationship is reflected in actual documents such as a written notice of dismissal, personnel orders, and payroll and four major social insurance records. When preparing an application for remedy for unfair dismissal, it is advisable to develop a strategy together with experts such as Labor Law Firm Law& not only on the point that you did not resign, but also on how to prove the circumstances and evidence that the employer unilally terminated the employment relationship. Ⅴ. Practical Points (From the Employer/Company Perspective) From the company’s perspective, if there is no intention to terminate the employment relationship, it is important, as in this case, to expressly notify the employee that “the employment contract is valid, so report to work,” to defer filing a report of loss of employment insurance coverage, and to continue paying wages, thereby consistently demonstrating the intention to maintain the employment relationship. Conversely, if you actually intend to terminate the employment relationship, rather than attempting to circumvent dismissal restrictions by using the form of resignation or mutual termination, you should proceed in a manner that satisfies the substantive requirements and procedures for dismissal. In particular, where pressure is exerted on an employee during a request for a resignation letter or in the course of a redundancy process so that the termination is processed in the form of “voluntary resignation,” it may be evaluated as a resignation not reflecting true intent and thus be deemed a substantive unfair dismissal. Accordingly, you should systematically retain written documents and records that can objectively prove the process of forming the employee’s intention to resign, whether mutual termination was reached, and the content of explanations and guidance provided. 2. Matters Decided a. Case Overview and Procedural History ... 2. It was established that the employee clearly refused to draft a resignation letter and thereafter consistently never expressed an intention to resign; ③ the employer, upon realizing that a mutual termination of the employment contract had not been formed, immediately notified the employee that the employment contract remained valid and that he/she should report to work and perform duties, did not comply with the employee’s request to report loss of insured status under employment insurance, and even paid wages for certain periods during which the employee did not report to work, thereby consistently expressing its lack of intention to terminate the employment relationship. In light of all these circumstances, it cannot be viewed that the employer unilaterally terminated the employment relationship irrespective of the employee’s intention, and therefore there is no [dismissal]. 3. Gist of the Decision a. Summary of the Labor Relations Commission’s Reasoning ... 2. It was established that the employee clearly refused to draft a resignation letter and thereafter consistently never expressed an intention to resign; ③ the employer, upon realizing that a mutual termination of the employment contract had not been formed, immediately notified the employee that the employment contract remained valid and that he/she should report to work and perform duties, did not comply with the employee’s request to report loss of insured status under employment insurance, and even paid wages for certain periods during which the employee did not report to work, thereby consistently expressing its lack of intention to terminate the employment relationship. In light of all these circumstances, it cannot be viewed that the employer unilaterally terminated the employment relationship irrespective of the employee’s intention, and therefore there is no [dismissal] / [See More Related Decisions] - “Decision on Unfair Dismissal Concerning ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of Decision: - Case Result: Dismissed - “Decision on Unfair Dismissal Concerning ‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’” - “Decision on Unfair Dismissal Concerning ‘Level of Disciplinary Action (Workplace Bullying)’” [Tags] Unfair dismissal, existence of dismissal (refusal to submit 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 one of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&. ※ You can view the previous article, “Decision on Unfair Dismissal Concerning ‘Level of Disciplinary Action (Workplace Bullying)’,” in a new window. ※ The list of decisions related to existence of dismissal (refusal to submit resignation letter) can be viewed together at “List of Decisions Related to Existence of Dismissal (Refusal to Submit Resignation Letter).” ※ Korean version of this case: Korean article