Hello, this is attorney Jongha Choi from Cheongchul Law Firm.

Whether out of anger or simply because one cannot bear it any longer, people often submit a resignation letter only to change their mind shortly afterward. Setting awkwardness aside, is it possible to withdraw a resignation letter once submitted?

Korean courts classify the expression of intent to resign into two categories: (i) a “notice of termination,” which unilaterally ends the employment relationship, and (ii) an “offer to mutually rescind,” which seeks the employer’s acceptance. Courts hold that absent special circumstances, an expression of intent to resign should be regarded as a notice of termination. In other words, a resignation letter is, in principle, treated as a “unilateral notice,” and once it reaches the employer, it cannot be withdrawn without the employer’s consent (Supreme Court Decision 99Du8657, September 5, 2000 / 대법원 2000. 9. 5. 선고 99두 8657 판결).

By contrast, there are cases where the content and circumstances of the resignation letter can be evaluated as an offer to mutually rescind, premised on the employer’s acceptance and processing. For example, in the case of voluntary retirement programs operated by companies during restructuring, voluntary retirement does not automatically take effect upon the employee’s application; rather, the company typically reviews eligibility and undergoes an approval process. Accordingly, such voluntary retirement applications may be recognized as an “expression of intent seeking acceptance” rather than a unilateral notice of termination.

When a resignation letter is recognized as an “offer to mutually rescind,” a particularly important point is that withdrawal is likely to remain possible while the company has only completed internal approval procedures. From the employer’s perspective, the offer cannot be barred from withdrawal until the intent to accept the resignation has been externally expressed and has reached the employee.

Then, if a resignation letter has been written, delivered, and approved, is there truly no way back? Although rare, there are cases where the effectiveness of a resignation letter is denied on the ground that its preparation itself was not based on genuine intent. However, this requires going beyond “I did not really want to resign” to a level where one can claim that “I had no intent to prepare a resignation letter at all,” and is generally very difficult to be recognized. The Supreme Court has held: “Unless an employer has caused an employee with no intent to resign to inevitably prepare and submit a resignation letter and then processed it in the form of a so-called voluntary dismissal, terminating the employment contract—such that the employee’s submission constitutes a non-genuine expression of intent and is therefore invalid, so that the employer’s processing of it can be regarded substantively as a dismissal by the employer’s unilateral will—the employer’s acceptance of the resignation results in mutual rescission of the employment contract, and the employer’s voluntary dismissal action cannot be regarded as a dismissal. Moreover, ‘genuine intent’ in a non-genuine expression of intent refers to the expressing party’s intent to make a particular declaration, not to what the party truly wishes in their heart. Therefore, even if the expressing party did not truly wish for the content of the declaration in their heart, if they made the declaration judging it to be the best choice under the circumstances at the time, it cannot be regarded as a non-genuine expression of intent lacking inner effective intent” (Supreme Court Decision 2012Da108290, October 27, 2014 / 대법원 2014. 10. 27. 선고 2012다108290 판결).

Ultimately, once a resignation letter has been submitted and accepted, withdrawing it becomes quite difficult. Even when requested by the employer, one must keep in mind that careful deliberation and discussion are essential before signing a resignation letter.