1. In a case where dismissal of an employer’s employee as to the Defendant’s grounds of appeal is null and void, the employee would have failed to provide labor due to a cause attributable to the employer, and barring any special circumstance, barring any special circumstance, a claim for the payment of wages, which may be received where the employee provided labor during that period, pursuant to Article 538(1) of the

However, even if dismissal was not made, if employment is practically impossible, or if an employer discontinues his/her business due to justifiable grounds, the employer is unable to provide labor due to reasons attributable to the employer, and thus, he/she cannot claim wages during that period.

Meanwhile, even if an industrial action is lawfully conducted, it shall not be deemed that it is attributable to the employer, and unless there are other special circumstances, the employer has no obligation to pay wages during that period for workers who participated in the industrial action and have not provided labor.

(See Article 44(1) of the Trade Union and Labor Relations Adjustment Act (see Article 44(1) of the Trade Union and Labor Relations Adjustment Act). In full view of the foregoing, if it is evident that the dismissed worker participated in the industrial action or was dismissed during the industrial action, even if the dismissal is null and void, if the relevant worker would not have provided labor by participating in the industrial action even if the dismissal was not made, it is reasonable to deem that the relevant worker cannot claim wages during the period of the industrial

Provided, That labor shall be worked during the period of industrial actions, such as where industrial actions have occurred directly due to invalid dismissal of the relevant worker.