The defendant is a social welfare foundation established on January 14, 1957 for the purpose of operating residential facilities for persons with intellectual disabilities and operating special schools for persons with intellectual disabilities.

The defendant is establishing and operating 19 social welfare facilities in total in the area of Incheon, Seocheon-gun, Incheon, as well as D (hereinafter referred to as "facilities of this case") which is a residential facility for persons with intellectual disabilities.

On April 1, 2002, the Plaintiff is a person who joined the Defendant as a living rehabilitation teacher and served as the head of the instant facility from December 1, 2016.

On January 23, 2019, the Defendant held a personnel committee on the ground of the Plaintiff’s occupational embezzlement, occupational breach of trust, employment contract, violation of relevant provisions, and unfaithful occupational behavior, and notified the Plaintiff of the assignment of the facility head of the instant case “from January 23, 2019 to the end of the investigation” on January 24, 2019.

On April 19, 2019, the Plaintiff filed an application for remedy of unfair dismissal from office and unfair demotion with the Incheon Regional Labor Relations Commission (E) on April 19, 2019. On May 22, 2019, the Defendant notified the Plaintiff of the date of enforcement as of April 24, 2019.

On June 18, 2019, the Incheon Regional Labor Relations Commission accepted the Plaintiff’s application for remedy of unfair dismissal from office and unfair degradation (hereinafter “the first inquiry court on June 18, 2019”), and the Defendant held a personnel committee on June 12, 2019, and issued a disposition of dismissal (hereinafter “instant dismissal”) against the Plaintiff on June 28, 2019.

On the other hand, the Plaintiff filed the instant lawsuit, and filed an application for unfair dismissal with the Incheon Regional Labor Relations Commission as unfair.

On October 23, 2019, the Incheon Regional Labor Relations Commission recognized the dismissal of the instant case as unfair and determined to pay the amount equivalent to wages that could have been received during the period of dismissal to the Plaintiff, thereby citing the Plaintiff’s application for remedy.

F, hereinafter referred to as "the first inquiry court on October 23, 2019".

(1) The Defendant is dissatisfied with the first inquiry court on June 18, 2019, and on July 25, 2019.