[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “extinction of interest in relief (voluntary letter of resignation).” Decision Committee: Gyeonggi Regional Labor Relations Commission 2026Buhae2716 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-09-08 · Case outcome: Dismissed Summary of key issue: Because the employment relationship was terminated by mutual agreement when the employee voluntarily submitted a letter of resignation and the employer accepted it, there was no dismissal, and once the employment relationship between the parties had definitively ended, the interest in relief in seeking cancellation of the transfer was also deemed to have been extinguished. / 1. Legal Implications Ⅰ. Case Overview In this case, the employee filed an application with the Labor Relations Commission seeking remedies on the grounds of unfair dismissal and unfair personnel measures in connection with a transfer order issued by the company. Subsequently, however, the employee voluntarily submitted a letter of resignation, which the employer accepted. The Gyeonggi Regional Labor Relations Commission viewed the decisive termination of the employment relationship through the submission and acceptance of the resignation letter as raising the question of whether any interest in relief remained with respect to the claims for unfair dismissal and cancellation of the transfer. Ⅱ. Summary of Issues The issue in this case is whether, in a situation where the employee has voluntarily submitted a letter of resignation and the employer has accepted it, thereby terminating the employment relationship, there remains any interest in continuing the Labor Relations Commission remedy procedures seeking a remedy for unfair dismissal and cancellation of the transfer. Ⅲ. Summary of the Labor Relations Commission’s Reasoning The panel in this case found that the employee had voluntarily submitted a letter of resignation, that the employer had accepted that resignation, thereby establishing a mutual termination of the employment contract (resignation at one’s own request) between the parties, and that, as a result, the employment relationship had definitively ended so that there was no longer any benefit that could be restored through reinstatement as an employee or cancellation of the transfer. Accordingly, the panel held that the dismissal at issue in this case did not exist from the outset, and that the interest in relief in seeking cancellation of the transfer had also been extinguished. Once the employment relationship has already been terminated, even if certain economic interests remain—such as issues concerning the calculation of wages during the alleged dismissal period or the length of service for severance pay purposes—these can be resolved through civil litigation. Therefore, the panel concluded that there is no practical benefit in maintaining the Labor Relations Commission remedy procedures. Ⅳ. Practical Points (From the Employee’s Perspective) If an employee voluntarily submits a letter of resignation and the employer accepts it, this is generally evaluated not as a “dismissal” but as a “mutual termination” or “voluntary resignation,” which may render an application for a remedy for unfair dismissal itself impossible. However, if the employee wishes to assert that the resignation letter was written under unavoidable circumstances due to the employer’s coercion or threats, or that it was not an expression of true intent, it is important to secure in advance the evidence and witness testimony necessary to prove the circumstances and context. Once a resignation letter has already been submitted, withdrawal is, in principle, difficult without the employer’s consent; even where it is viewed as an offer to mutually terminate, withdrawal is only possible until the employer’s notice of acceptance has been received. Accordingly, it is advisable to think carefully before drafting a resignation letter and to consult with an expert (for example, Labor Law Firm Law&) in advance. Ⅴ. Practical Points (From the Employer’s Perspective) From the employer’s standpoint, it is important to systematically preserve materials that clearly demonstrate that the employee voluntarily submitted the letter of resignation, such as the circumstances of its preparation, the contents of any interviews, and the original resignation letter. In particular, where the resignation occurs in the context of a redundancy dismissal or personnel measures (transfer, placement on standby, etc.), the employer should refrain from making coercive or pressuring remarks during interviews and should establish procedures that provide the employee with options and a sufficient reflection period, so that the resignation is not misunderstood as being forced or as a resignation at the employer’s initiative. Furthermore, once the employee has submitted a letter of resignation and the employment relationship has been terminated, the extinction of interest in relief may become an issue in Labor Relations Commission proceedings concerning unfair dismissal or unfair personnel measures, while remaining issues such as unpaid wages, severance pay, and damages will be dealt with in civil proceedings. It is therefore advisable to design the overall dispute strategy on that basis. This decision by the Gyeonggi Regional Labor Relations Commission is a case that demonstrates to both employees preparing to file applications for remedies for unfair dismissal and employers responding to such applications that they must re-examine “the impact of submitting a letter of resignation on the existence of a dismissal and on the existence of an interest in relief.” Where similar disputes are anticipated, it is necessary at an early stage to obtain assistance from experts such as Labor Law Firm Law& and to carefully organize the facts and legal arguments. 2. Matters Decided A. Case Overview and Procedural History Because the employment relationship was terminated by mutual agreement when the employee voluntarily submitted a letter of resignation and the employer accepted it, there was no dismissal, and once the employment relationship between the parties had definitively ended, the interest in relief in seeking cancellation of the transfer was also deemed to have been extinguished. 3. Summary of the Decision A. Summary of the Labor Relations Commission’s Reasoning Because the employment relationship was terminated by mutual agreement when the employee voluntarily submitted a letter of resignation and the employer accepted it, there was no dismissal, and once the employment relationship between the parties had definitively ended, the interest in relief in seeking cancellation of the transfer was also deemed to have been extinguished. / [See More Related Decisions] - “Case on Unfair Dismissal Concerning Expression of Intent to Resign (Resignation Remark in Telephone Call)” - “Case on Unfair Dismissal Concerning ‘Let’s Give Written Notice (Expiration of Probationary Period)’” - “Case on Unfair Dismissal Concerning ‘Dismissal of Application (Failure to Appear at Hearing)’” – Date of decision: – Case number: Dismissed [Tags] Unfair dismissal, extinction of interest in relief (voluntary letter of resignation), 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series. ※ You can view the previous article, “Case on Unfair Dismissal Concerning ‘Let’s Give Written Notice (Expiration of Probationary Period)’,” in a new window. ※ You can view the list of decisions related to extinction of interest in relief (voluntary letter of resignation) at “List of Decisions Related to Extinction of Interest in Relief (Voluntary Letter of Resignation).” ※ Korean version of this case: Korean article