Withdrawing Resignation: South Korean Court Rules in Favor of Employee

A South Korean court recently ruled in favor of a nursing care worker who attempted to withdraw his resignation shortly after submitting it. The decision highlights the importance of formal acceptance of a resignation by an employer and clarifies the rights of employees regarding resignation reversals.

The Case: A Reversed Resignation

Mr. A, a care worker in his 60s, sent a text message to his nursing home employer stating his intention to resign by the end of the month. But, within minutes, he reconsidered and communicated his desire to remain employed. As time passed, he explicitly requested the withdrawal of his resignation.

The company refused to honor his request, arguing that his initial text message constituted a firm resignation, and they had already begun the process of finding a replacement by advertising job openings. Mr. A subsequently filed for unfair dismissal relief with the Local Labor Relations Commission.

Initial Rulings and Appeals

The initial ruling by the Seoul Regional Labor Relations Commission favored Mr. A, stating that the company lacked justifiable grounds to unilaterally terminate his employment contract, especially given his timely withdrawal of the resignation notice. This was deemed an unfair dismissal violating the requirement for written notification.

However, the Central Labor Relations Commission overturned this decision, interpreting Mr. A’s initial text message as a definitive “cancellation notice” – a unilateral declaration that could not be retracted. The Commission concluded that once an intention to resign is communicated to management, the employee loses the right to withdraw it.

The Court’s Decision

Mr. A appealed to the Seoul Administrative Court, which ultimately ruled in his favor. The court emphasized that, according to the nursing facility’s internal employment contract and rules, an employer’s acceptance is required to validate a resignation and avoid potential liability for damages resulting from a unilateral departure.

The court reasoned that Mr. A’s text message should be viewed as a request for the employer to accept his resignation, and because no acceptance was communicated before his withdrawal, the resignation was not valid. The court also noted that the company’s job advertisement was merely a preparatory measure for potential staffing shortages and did not constitute acceptance of the resignation.

Legal Precedent and Representation

Attorney Jeong Chang-min of Daeryun Law Firm, who represented Mr. A, cited a Supreme Court ruling affirming an employee’s right to freely withdraw a resignation notice until the employer formally approves it. He emphasized that Mr. A did not receive confirmation of his resignation’s acceptance, which was crucial to winning the case.

Key Takeaways

• Employees can generally withdraw a resignation notice before it is formally accepted by the employer.
• A simple expression of intent to resign, without explicit acceptance from the employer, is not a binding resignation.
• Internal company policies and employment contracts regarding resignation procedures are legally significant.

This case underscores the importance of clear communication and formal procedures in employment matters, protecting the rights of both employers and employees in South Korea.