The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

In a case where an employer receives a written resignation from an employee and completes an employment contract by taking the form of dismissal from a member who accepts it, if he/she had an employee who has no intention to resign prepare and submit a written resignation without any choice, it is deemed that the employment contract is terminated by the employer’s unilateral intent.

However, in other cases, the employer's refusal of resignation by submitting a resignation and the relationship between the employer and the employee's labor contract is terminated by the termination of the agreement, so the dismissal of the employee's member dismissal disposition cannot be deemed as dismissal of the employee (see, e.g., Supreme Court Decision 2002Da60528, Apr. 11, 2003). In other words, "in the expression of intention, other than the truth" refers to the expression of intent of a specific content, and it does not refer to the expression of intent in mind with the true mind, and therefore, even if the reporter is not bound by mind, it cannot be deemed as the best in the current situation, and if the content of the expression of intent was expressed by the reporter, it cannot be deemed as an expression of intention, other than the intention lacking the intention of the internal deliberation effect.

According to the reasoning of the lower judgment, each of the evidence of the lower judgment alone is insufficient to recognize the fact that executives of the Defendant Company forced to resign by notifying harm to the extent that they may restrict the freedom of the Plaintiff’s decision-making by threatening the Plaintiff to disclose the Plaintiff’s privacy, etc., and there is no other evidence to acknowledge it. Rather, the lower court acknowledged facts as indicated in its reasoning, and requested the Defendant Company’s executive to prepare a resignation in accordance with the content of the page prepared in advance.

Even if the plaintiff refuses to prepare such a resignation, it shall be in the disciplinary procedure.