1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

1. Details of the decision on retrial;

A. The Plaintiff is a corporation that employs 500 full-time workers and runs the branch business, etc.

On July 2, 2012, the intervenor entered the plaintiff as an officer in charge of overseas business and worked as the head of the overseas business sector from January 2014.

B. On February 26, 2015, the Plaintiff dismissed the Intervenor.

(hereinafter “Termination of the instant employment relationship”). C.

On May 18, 2015, the Intervenor asserted that the termination of the employment relationship of the instant case was unfair and unfair and applied for remedy to the Seoul Regional Labor Relations Commission.

On July 10, 2015, the Seoul Regional Labor Relations Commission recognized the termination of the instant employment relationship as unfair dismissal on the grounds that the termination of the instant employment relationship constitutes dismissal and the dismissal of the Intervenor is not recognized as justifiable. The Seoul Regional Labor Relations Commission rendered a ruling ordering the Plaintiff to return to the Plaintiff’s original position.

On August 18, 2015, the Plaintiff appealed to the National Labor Relations Commission and filed an application for reexamination under the Ministry of Labor No. 2015, 840.

On November 19, 2015, no evidence exists to prove that the intervenor expressed his/her intention to resign. Even if the intervenor expressed his/her intention to resign, the National Labor Relations Commission rendered a decision dismissing the Plaintiff’s application for reexamination on the ground that the termination of the labor relationship of this case constitutes dismissal on the ground that there is no justifiable ground for dismissal, as the Plaintiff could sufficiently be aware of the fact that the Intervenor expressed his/her intention to resign

(hereinafter referred to as “instant review decision”) Article 2 (Definition of Officers) of the Regulations on Officers’ Service.

1.The term "executives" in this Regulation means the full-time directors or full-time auditors under Section A of Chapter II, who shall assume office and share the management functions and carry out.

2.The term "executives" in this Regulation shall cover the ipso facto Executive Officers other than the Registry Director.

Article 13 (Resignation of Officers) The resignation of officers is based on free will, but in principle, one month.