A. On July 2, 2014, while joining the Plaintiff Company and serving as a fire-fighting system manager at the “agency Team,” the Defendant received a disciplinary notice from the Plaintiff on July 8, 2016, which contains a decision of dismissal against the Defendant, and filed an application for remedy with the Incheon Regional Labor Relations Commission on July 20, 2016, asserting that the dismissal against the Defendant was unfair. However, the Incheon Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on September 19, 2016.

(Then, the defendant applied for review of the determination to the National Labor Relations Commission, but did not accept the application for review on January 12, 2017).

원고는 2017. 2. 하순경 중앙노동위원회 위원장을 상대로 부당해고 구제 재심판정 취소청구의 소를 제기하여, 2017. 8. 17. 전부 승소판결(☞ 서울행정법원 2017구합1476 판결)을 받았고, 이에 대한 중앙노동위원회 위원장 측의 항소(☞ 서울고등법원 2017누68624 사건)가 받아들여지지 않은 다음 그 판결은 2018. 5 중순경 그대로 확정되었는데, 그 판결이유 중에는 “(피고에 대한) 징계해고는 그 징계사유가 인정되고 재량권 일탈ㆍ남용의 위법이 없으나 징계절차의 하자가 중대하여 무효라 할 것이므로, 이 사건 징계해고는 부당해고에 해당한다.”는 판단이 포함되어 있다.

C. After that, the chairperson of the National Labor Relations Commission, on June 19, 2018, issued a ruling to the Plaintiff on September 19, 2018 in accordance with the above final judgment, stating that dismissal of the Plaintiff on July 18, 2016 is unfair and that dismissal of the Defendant is unfair, and that the Plaintiff’s return the Defendant to his original post within 30 days from the date of receiving the written ruling of re-disposition, and that the amount equivalent to the wages that the Plaintiff could have received if the Plaintiff had worked normally during the dismissal period shall be paid.”