Section 2: Individual Labor Relations
Chapter 9: Termination of Other Employment Relations
4. Declaration of Resignation Intention under Coercion and by Fraud, etc
4.3 Application for Voluntary Retirement Due to Suspension with Pay and Notification of Ex Officio Dismissal from Office
| Supreme Court Decision on October 25, 2002, Case 2002du6552 | |||||
| * Plaintiff, Appellant: ○○○ Industrial Development Co., Ltd.
* Defendant, Respondent: Chairman of the National Labor Relations Commission * Defendant Assistant Participant: ○○○ 1. Facts (Omitted) 2. Court Judgment a. When an employer receives a resignation letter from an employee and processes in the form of dismissal at the employee's request, thereby terminating the employment contract, and if the employee was compelled to write and submit the resignation without the intent to resign, then it constitutes a dismissal because it effectively ends the employment contract based on the unilateral will of the employer. b. Even if there was genuine intent to resign when submitting the voluntary retirement application, and even if the individual was evaluated and confirmed as a voluntary retiree, if the company unjustly influenced an employee who originally had no intention of resigning to apply for voluntary retirement and accepted this application, then it effectively constitutes a dismissal executed by the unilateral decision of the employer. The temporary benefits received by the employee due to the acceptance of the voluntary retirement application do not alter this determination. |
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| Download : 대법 2002두6552.pdf | |||||
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