[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “existence of dismissal (childcare center teacher).” Decision Committee: Chungnam Regional Labor Relations Commission 2026Buhae721 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-07-28 · Case outcome: Dismissed Summary of key issue: … On January 30, 2026, the employee sent the employer a message stating that she would resign upon expiration of the contract period, and on February 26, 2026, she informed some fellow childcare teachers of her resignation, which indicates that she recognized the expiration of the fixed-term employment contract and accepted the resulting termination of the employment relationship. 1. Legal Implications Ⅰ. Case Overview This case concerns whether, when a childcare center teacher employed under a fixed-term employment contract expressed her intention to resign at the time of contract expiration, this constituted a voluntary separation, or whether the employer instead effected an unfair dismissal. The employee claimed that she had been dismissed on February 26, 2026, and filed an application for remedy for unfair dismissal with the Labor Relations Commission. The Chungnam Regional Labor Relations Commission dismissed the application. In the proceedings before the Labor Relations Commission, the employer argued that the employee had voluntarily expressed her intention to resign after the expiration of the contract period, and that the employer, for its part, had actually encouraged her to continue working and otherwise demonstrated an intention to maintain the employment relationship. Ⅱ. Issues The issue in this case is whether “the fixed-term childcare teacher’s message expressing her intention to resign ahead of the expiration of the employment contract, and her notification of her resignation to colleagues, should be viewed not as a unilateral unfair dismissal by the employer, but as the employee’s own acceptance of the termination of the employment relationship upon contract expiration.” Ⅲ. Summary of the Labor Relations Commission’s Reasoning The panel in this case found that the employee sent the employer a message on January 30, 2026, to the effect that she would resign upon expiration of the contract period; that on February 26, 2026, she informed some fellow childcare teachers of her resignation, thereby recognizing and accepting on her own the expiration of the fixed-term employment contract and the resulting termination of the employment relationship; and that there was no objective evidence to support the employee’s claim that she had been dismissed on February 26, 2026. The panel also took into account that the employer had encouraged the employee to continue working and thus demonstrated an intention to maintain the employment relationship; that the employer had given the employee a high rating for cooperativeness in her performance evaluation; and that, around the time of her departure, the employee exchanged messages with some fellow childcare teachers expressing gratitude and consideration. On this basis, the panel held that no dismissal had in fact occurred in this case, and therefore there was no unfair dismissal. Ⅳ. Practical Points (From the Employee’s Perspective) For an employee to assert unfair dismissal, it is necessary to secure objective evidence that the employer unilaterally terminated the employment relationship (such as a dismissal notice, text messages, recordings, personnel documents, etc.). In the case of a fixed-term employment contract, explicit and repeated statements made before contract expiration such as “I will quit when the contract ends” may later be used as grounds to find that the employee voluntarily chose to resign in unfair dismissal remedy proceedings, so expressions should be made with caution. The Labor Relations Commission determines whether a dismissal occurred by comprehensively considering surrounding circumstances such as messages, what was communicated to colleagues, and the employer’s attitude. Therefore, if a dispute is anticipated in relation to layoffs or notices of contract expiration, it is important to record and preserve the circumstances at the time as specifically as possible. Ⅴ. Practical Points (From the Employer’s Perspective) When using fixed-term childcare teachers at childcare centers and similar facilities, employers should clearly document, in writing or electronic form, the notice of contract expiration, confirmation of intent to renew, and the employee’s expression of intent to resign, so that there is no dispute over the circumstances of contract expiration and resignation. Even where an employee voluntarily chooses to resign upon expiration of the contract period, it is helpful for responding to unfair dismissal disputes to secure materials showing that the employer encouraged continued employment and had no separate intention to dismiss. In addition, documents such as the employee’s performance evaluations, relationships with colleagues, and messages of appreciation can serve as circumstantial evidence supporting the absence of any intention to dismiss on the part of the employer. Accordingly, personnel evaluations and communication records should be managed consistently and objectively. (ⓒ2026 copyright. Labor Attorney Moon Young-seop, Labor Law Firm Law&.) 2. Matters Decided a. Case Overview and Procedural History … On January 30, 2026, the employee sent the employer a message stating that she would resign upon expiration of the contract period, and on February 26, 2026, she informed some fellow childcare teachers of her resignation, which indicates that she recognized the expiration of the fixed-term employment contract and accepted the resulting termination of the employment relationship. There is no objective evidence to support the employee’s claim that she was dismissed on February 26, 2026, and the employer encouraged the employee to continue working and otherwise demonstrated an intention to maintain the employment relationship. In addition, considering that the employer gave the employee a high rating for cooperativeness in her evaluation, and that around the time of her departure the employee exchanged messages with some fellow childcare teachers expressing gratitude and consideration, … 3. Summary of the Decision a. Summary of the Labor Relations Commission’s Reasoning … On January 30, 2026, the employee sent the employer a message stating that she would resign upon expiration of the contract period, and on February 26, 2026, she informed some fellow childcare teachers of her resignation, which indicates that she recognized the expiration of the fixed-term employment contract and accepted the resulting termination of the employment relationship. There is no objective evidence to support the employee’s claim that she was dismissed on February 26, 2026, and the employer encouraged the employee to continue working and otherwise demonstrated an intention to maintain the employment relationship. In addition, considering that the employer gave the employee a high rating for cooperativeness in her evaluation, and that around the time of her departure the employee exchanged messages with some fellow childcare teachers expressing gratitude and consideration, … / [See More Related Decisions] - ‘Non-Existence of Urgent Managerial Necessity (Abolition of Leasing Business Team)’ Unfair Dismissal Decision - ‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’ Unfair Dismissal Decision - ‘Dismissal of Application (Non-Appearance at Hearing)’ Unfair Dismissal Decision – Date of Decision: - Case outcome: Dismissed [Tags] Unfair dismissal, existence of dismissal (childcare center teacher), 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series. ※ You can view the previous article, “‘Non-Existence of Urgent Managerial Necessity (Abolition of Leasing Business Team)’ Unfair Dismissal Decision,” in a new window. ※ The list of decisions related to existence of dismissal (childcare center teacher) can be found under “List of Decisions Related to Existence of Dismissal (Childcare Center Teacher).” ※ Korean version of this case: Korean article