If Unable to Prove Diminished Capacity When Submitting Resignation, It Is Considered Voluntary Departure

A court has ruled that simply claiming to have submitted a letter of resignation while in a mentally and physically weakened state due to psychological stress is not sufficient to be recognized as unfair dismissal. The court stated that, in order for a letter of resignation to be deemed invalid, there must be objective evidence proving that the individual lacked the capacity for judgment at the time of writing the resignation.

Yonhap News Agency

On September 11, the 12th Administrative Division of the Seoul Administrative Court (Presiding Judge Kang Jaewon) ruled against the plaintiff in a lawsuit filed by Mr. A, a former employee of Cooperative B, seeking to overturn the Central Labor Relations Commission's decision regarding the 'cancellation of the retrial decision for relief from unfair dismissal' (2024GuHap90849).

[Facts]

In January 2024, after being transferred to another branch, Mr. A took leave due to health issues and returned to work on February 13. However, within 20 minutes of returning, he submitted a handwritten letter of resignation citing 'personal reasons,' and Cooperative B accepted it on the same day.

Subsequently, Mr. A applied for relief to the Central Labor Relations Commission, arguing that the resignation was a 'declaration of intent not reflecting his true will' submitted under extreme psychological pressure caused by the cooperative president's harassment and the stress of the transfer, and therefore should be considered invalid. He claimed this constituted de facto 'unfair dismissal.'

[Court Ruling]

The court did not accept Mr. A's claim. The court based its decision on whether the intention to resign had been withdrawn and thus rendered invalid, and whether the resignation was a declaration of intent not reflecting his true will and therefore invalid.

The court found that, since the resignation letter submitted on February 13, 2024, was accepted immediately on the same day, withdrawal of the resignation was not possible without the company's consent. The court explained, "Unless there are special circumstances, once a notice of resignation, which is a declaration of intent to terminate the employment contract, reaches the employer, the employee cannot withdraw it without the employer's consent."

The court also rejected Mr. A's claim that he withdrew his intention to resign around lunchtime. The court stated, "There is no evidence in the phone call or KakaoTalk conversation with the HR manager indicating that the plaintiff withdrew his intention to resign," concluding that there was a lack of objective evidence.

Regarding the argument that the resignation was a declaration of intent not reflecting his true will, the court found insufficient medical or objective grounds to conclude that Mr. A was in a mentally and physically weakened state at the time of resignation. Although there were records of emergency room treatment and psychiatric diagnosis, the court determined that these were insufficient to prove a loss of judgment at the time the resignation was written.

Song Juhee, Legal Times Reporter

※This article is based on content supplied by Law Times.

This content was produced with the assistance of AI translation services.