Section 2: Individual Labor Relations
Chapter 9: Termination of Other Employment Relations
4. Declaration of Resignation Intention under Coercion and by Fraud, etc
4.5 Submission of Resignation Letters After the Upcoming Company Situation is Exaggerated More or Less and Disadvantages are Explained
| Supreme Court, Decision on January 19, 2001, Case 2000da51919, 51926 | |||||
| * Plaintiff, Appellant: Park ○○○ and 30 others
* Defendant, Respondent: ○○○○ Insurance Corporation 1. Facts a. Plaintiff Park ○○○ resigned from the defendant company and received severance pay and retirement compensation, etc. He submitted a confirmation letter stating, "I hereby assure that I will not raise any objections related to my resignation in the future, upon receiving the severance pay and the retirement compensation. b. All plaintiffs except Park ○○○ submitted resignation letters during the implementation of a voluntary retirement program by the defendant company, which was part of restructuring and workforce reduction due to the business conditions in the insurance industry. c. Plaintiff Park ○○○ filed a lawsuit claiming that his resignation was due to the defendant company's deceit and coercion, and that the ancillary non-prosecution agreement associated with his resignation should be annulled. Simultaneously, the other plaintiffs also filed a lawsuit asserting that during the implementation of the voluntary retirement program, the defendant company exaggerated its difficult situation or hinted at potential disadvantages if they did not accept the retirement offer, thus committing deceit and coercion and their resignation being an expression of non-genuine intent. 2. Court Judgment a. In Case s of expressions of non-genuine intent, 'true intent' refers not to what the declarant truly desires in his or her heart but to the declarant's intention to make a particular statement. Therefore, even if the declarant did not truly wish the content of the statement in his or her heart, if he or she deemed it the best option under the circumstances at the time, it cannot be considered expressions of non-genuine intent lacking an internal effective intent. b. When an employer induces an employee who did not intend to resign to write and submit a resignation letter and then accepts it, merely adopting the formality of a so-called voluntary resignation to terminate the employment contract, it substantially terminates the employment relationship through the unilateral will of the employer, thus constituting a dismissal. However, if this is not the Case and the employer simply accepts the resignation submitted by the employee, then the employment relationship between the employer and the employee ends by mutual termination, so the employer's decision to accept the resignation cannot be considered a dismissal. c. Given the economic situation of the country at the time, the management status of the defendant company and the insurance industry in general, and the resulting need for restructuring and workforce reduction recognized by the lower court, it is difficult to conclude that the defendant company engaged in fraudulent or coercive acts against the plaintiffs merely because the company somewhat exaggerated the difficult circumstances it was facing or might face in the future, or explained that there could be disadvantages if the plaintiffs did not accept the retirement offer. It is also difficult to conclude that the plaintiffs expressed their intent to resign because of this. |
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| Download : 대법 2000다51919, 51926.pdf | |||||
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