1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

The plaintiff is a corporation established on October 22, 2003 and engaged in computer system consulting and establishment services with 130 full-time employees. The intervenor is a person who entered the plaintiff on December 18, 2014 and worked as the head of the business strategy team.

On February 28, 2018, the Plaintiff dismissed the Intervenor from office as a member dismissal, and the Intervenor did not attend the Plaintiff’s office from March 1, 2018.

On April 23, 2018, the Intervenor filed an application for remedy with the Seoul Regional Labor Relations Commission by asserting that “the Plaintiff was unfairly dismissed on February 28, 2018.”

On August 10, 2018, the Seoul Regional Labor Relations Commission rejected the Intervenor’s application for remedy on the ground that “the Plaintiff dismissed the Intervenor on February 28, 2018, and did not notify the Intervenor in writing of the grounds and the time of the dismissal, so it is unreasonable.”

On September 13, 2018, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission.

On December 12, 2018, the National Labor Relations Commission dismissed the plaintiff's application for reexamination on the same ground as the first inquiry tribunal.

(2) The Plaintiff’s assertion as to the legitimacy of the ruling of the retrial of this case as to whether the Plaintiff’s assertion was lawful, based on the following facts: (a) there was no dispute; and (b) there was no dismissal of the Intervenor, since the time of withdrawal was determined by an agreement with the Intervenor, the Plaintiff did not dismiss the Intervenor.

The Intervenor’s declaration of intention to resign is not a declaration of intention, but a declaration of intention to resign is not legally withdrawn, on the ground that the Intervenor expressed his/her intention to continue to serve.

An intervenor was prepared to establish a corporation in consideration of retirement during his/her service period.

Facts of recognition

The plaintiff is a kind of independent accounting system.