Resignation letter submitted but not accepted...Is the resignation of a specialist doctor valid? - South Korean report

The hospital has not yet accepted the resignation letters submitted by the majoring doctors as a group. One of the important points of contention is whether the resignation will take effect.
The reason why it is important to know whether a major doctor's resignation takes effect is because it will also affect the effectiveness of the South Korean government's order to maintain medical practice and order to return to work. The resignation becomes effective and the specialist doctor and hospital
If the employment contract between them has already been terminated, the order to maintain medical practice and the order to return to work will be invalid because there is no work for the specialist doctor to return to.
However, if the resignation cannot be recognized as valid, a medical maintenance order and work reinstatement will be issued.
The return order can be seen as valid for the time being. Of course, in this case as well, there are cases where "serious harm to national health has occurred or is likely to occur," or "there is a risk of serious harm to patient care, or
The conditions must be met: ``There are reasonable grounds to believe that there is a risk of exposure.'' Regarding this, Article 661 of the Civil Code states that ``If there is a fixed period of employment, if there are unavoidable reasons,
The parties may terminate the contract." Article 111 states that ``a declaration of intention by the other party becomes effective when it reaches the other party.''
In the legal community, regarding the effectiveness of a major doctor's resignation, there is a confusion between ``the opinion that the resignation becomes effective when the resignation letter is submitted'' and the ``opinion that the resignation becomes effective only after the resignation letter is accepted by the hospital.''
It is heaving. On the 14th, Lawyer Lim Moo-young of Lim Moo-young Law Office spoke at a seminar held at the First Seminar Room of the National Assembly Building in Yeouido, Seoul.
``How should we interpret the issues at issue?'', the panel said, ``The labor contract that the specialist doctor concluded with the hospital falls under the category of labor contract with a fixed period of employment as stipulated in Article 661 of the Civil Code. The specialty doctor is
The contract can be canceled at any time ``when there are unavoidable reasons,'' and ``Pursuant to Article 111, Paragraph 1 and Article 543 of the Civil Code, which stipulate the effect of contract cancellation,
The letter of resignation can be considered to have already taken effect regardless of whether it is accepted by the hospital. However, it is a matter of dispute as to whether there were "unavoidable reasons" for the major doctors' resignation announcements.
I can do it. Lawyer Lim stated, ``Not only for personal health reasons, but also because the need to obtain a medical specialty has disappeared due to changes in government policy.
"There is a possibility that this may fall under the following grounds." Lawyer Lim believes that the resignations took effect at the same time that the doctors submitted their resignations, but on the other hand, the Human Rights Committee of the Korean Bar Association
Committee member Lee Min believes that, in principle, a resignation becomes effective only after the hospital receives the resignation letter. Lawyer Lee said, ``Basically, there is a declaration of intention to resign, and it becomes effective only if it is accepted.''
``In principle, if a lawsuit is actually initiated, it is common to consider that the resignation did not take effect; words
"They will have to prove that the job was effective."