2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff, a company engaged in urban bus transportation business, etc., employed A as a driver on May 3, 2010, and dismissed A on May 3, 2014.

B. On July 1, 2014, A filed an application for remedy against the Defendant that the above dismissal was unfair, and on the other hand, the Defendant acknowledged that the dismissal was unfair, and ordered the Plaintiff to return A to their original position within 30 days from the date of delivery of the written adjudication against the Plaintiff and to pay the amount equivalent to the wages that could have been paid if the Plaintiff had offered normal labor during the period of dismissal.

(hereinafter referred to as "the remedy order of this case")

C. On November 28, 2014, the Defendant imposed KRW 7 million on the Plaintiff a non-performance penalty on the ground that the Plaintiff failed to comply with the remedy order to pay the amount equivalent to the wages during the period of dismissal to A by August 16, 2014, which was the execution date.

On June 30, 2015, the Defendant imposed KRW 9.1 million on the Plaintiff on the ground that the Plaintiff still failed to comply with the instant order for remedy.

(hereinafter referred to as the "disposition in this case"). . [Grounds for recognition] . (No dispute exists, Gap evidence 1, Eul evidence 2, 8, and 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After the Plaintiff’s assertion, on September 1, 2014, the Plaintiff voluntarily withdrawn and the labor relationship between the Plaintiff and A was terminated. Accordingly, insofar as there is no practical benefit to maintain the order of remedy, the obligation of the Plaintiff to implement the order of remedy should be deemed to have ceased to exist.

The defendant's disposition of this case on a different premise is unlawful.

(b) An employer shall not, without justifiable cause, dismiss, lay off, suspend, transfer a worker, reduce his/her wages, or take other punitive measures (hereinafter referred to as "unfair dismissal, etc.") against him/her.

Article 28 (Request for Remedy from Unfair Dismissal, etc.) (1) If the employer makes an unfair dismissal, etc. to the worker, the worker shall be considered as the Labor Relations Commission