[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “expiry of fixed-term contract (KakaoTalk notice).” Decision body: Ulsan Regional Labor Relations Commission 2026Buhae277 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-09-10 · Case outcome: Dismissed Summary of key issue: Where the term of employment specified in a written employment contract is valid, the employment relationship automatically terminates upon expiry of that term without the need to await any separate measure such as dismissal by the employer, absent special circumstances. Accordingly, the KakaoTalk message sent by the employer to the employee on 2 July 2026, informing the employee that the employment contract would terminate as of 15 July 2026, was merely a notice of the expiry of the fixed-term contract and cannot be regarded as a dismissal. 1. Legal Implications Ⅰ. Case Overview This case concerns an employee who had entered into a fixed-term employment contract and, around the time of contract expiry, received a KakaoTalk (KakaoTalk, “KakaoTalk”) message from the employer notifying the employee of the end of the contract. The employee then filed an application with the Labor Relations Commission, claiming that this constituted unfair dismissal. In case 2026Buhae277, the Ulsan Regional Labor Relations Commission conducted its hearing focusing on whether the notice of expiry of the fixed-term employment contract constituted a dismissal. Ⅱ. Summary of Issues The issue in this case is whether, in a situation where the fixed term of employment specified in the employment contract is valid, the employer’s act of notifying the “contract end date” via KakaoTalk constitutes a dismissal under the Labor Standards Act, or whether it is merely a notice of expiry of the fixed-term contract. Ⅲ. Key Points of the Labor Relations Commission’s Decision The panel in this case found that the term of employment was clearly stipulated in the written employment contract and remained valid, and that, under the general legal principle governing fixed-term employment contracts, such contracts automatically terminate upon expiry of the term without any separate dismissal measure, absent special circumstances. In light of this, the employer’s KakaoTalk message was deemed to be nothing more than a notice that “the employment contract will terminate as of 15 July 2026.” Taking into account case law and commentary to the effect that merely notifying the expiry date of a fixed-term contract or expressing an intention not to renew it prior to expiry does not ordinarily constitute dismissal, the Commission held that the KakaoTalk message in this case did not amount to a dismissal and therefore could not be the subject of an application for remedy for unfair dismissal. Ⅳ. Practical Points (From the Employee’s Perspective) Employees should first check how the “contract period” is stated in their employment contract, whether that period has been repeatedly renewed to the point that it has become a mere formality in practice, and whether there are circumstances that would allow recognition of a legitimate expectation of renewal (renewal expectancy right). In the absence of any separate practice or agreement on renewal, or other circumstances supporting a legitimate expectation of renewal, a simple expiry of the contract period and a notice informing the employee of that fact will generally not be subject to a remedy for unfair dismissal. Ⅴ. Practical Points (From the Employer/Company’s Perspective) From the employer’s perspective, it is helpful for preventing disputes to clearly specify the contract period in the employment contract when entering into a fixed-term employment relationship, and to set out standards for managing fixed-term employees in the rules of employment, collective agreements, and similar documents. However, if a contract is renewed multiple times or is operated in practice as if it were automatically renewed, an indefinite-term contract or a renewal expectancy right may effectively be recognized. Accordingly, employers should clarify in advance whether renewal is possible, the criteria for renewal, and the grounds for refusing renewal, and should also manage compliance with the two-year limitation on the use of fixed-term employees under the Act on the Protection, Etc. of Fixed-Term and Part-Time Employees. In cases of this type, the Labor Relations Commission and the courts tend to give primary weight to the wording of the employment contract, while also comprehensively examining the practice of renewal, the continuous nature of the work, and the parties’ true intentions to determine whether the fixed term is merely formal and whether a renewal expectancy right exists. Both employees and employers should therefore clearly understand, from the contract stage, the expectations and risks surrounding the “contract period” and the “possibility of renewal,” and, where necessary, consult experts such as Labor Law Firm Law&. 2. Matters Decided a. Case Overview and Procedural History Where the term of employment specified in a written employment contract is valid, the employment relationship automatically terminates upon expiry of that term without the need to await any separate measure such as dismissal by the employer, absent special circumstances. Accordingly, the KakaoTalk message sent by the employer to the employee on 2 July 2026, informing the employee that the employment contract would terminate as of 15 July 2026, was merely a notice of the expiry of the fixed-term contract and cannot be regarded as a dismissal. 3. Gist of the Decision a. Key Points of the Labor Relations Commission’s Decision Where the term of employment specified in a written employment contract is valid, the employment relationship automatically terminates upon expiry of that term without the need to await any separate measure such as dismissal by the employer, absent special circumstances. Accordingly, the KakaoTalk message sent by the employer to the employee on 2 July 2026, informing the employee that the employment contract would terminate as of 15 July 2026, was merely a notice of the expiry of the fixed-term contract and cannot be regarded as a dismissal. / [More Related Decisions] - “Unfair Dismissal Decision on ‘Justifiability of Disciplinary Dismissal (Unkindness to Customers · Conflict with Colleagues)’” - “Unfair Dismissal Decision on ‘Failure to Meet Requirements for Redundancy Dismissal (Workout Company)’” - “Unfair Dismissal Decision on ‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’” [Tags] Unfair dismissal, expiry of fixed-term contract (KakaoTalk notice), refusal to renew fixed-term contract, 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 Decision on ‘Justifiability of Disciplinary Dismissal (Unkindness to Customers · Conflict with Colleagues),’” in a new window. ※ You can also view the list of decisions related to expiry of fixed-term contract (KakaoTalk notice) at “List of Decisions Related to Expiry of Fixed-Term Contract (KakaoTalk Notice).” ※ Korean version of this case: Korean article