1. The part of the claim for nullification of the compensation award in this case shall be dismissed.

2. The defendant dated June 28, 2013 against the plaintiff.

1. Fact that there is no dispute over basic facts [based for recognition], entries in Gap evidence 1 through 12, and 38 (including provisional numbers; hereinafter the same shall apply), and the purport of the whole pleadings;

A. 1) The Defendant was established on July 27, 1962 and is a district fisheries cooperative under the Fisheries Cooperatives Act that operates mutual financial business, fishery guidance and economic business, etc. using approximately 300 full-time workers as of July 27, 1962. 2) The Plaintiff entered the Defendant on November 10, 1989 and promoted to the branch office on March 9, 2007 (up to December 31, 2008), and worked as C branch office (up to April 9, 2009), credit affairs (up to April 2009), and D branch office (up to April 10, 2009).

B. On August 19, 2010, the Defendant issued removal from position and standby order against the Plaintiff. On September 2, 2010, the Plaintiff filed an application for remedy against removal from position and standby order with the Incheon Regional Labor Relations Commission (Seoul Regional Labor Relations Commission) on September 2, 2010. (2) On October 28, 2010, the Incheon Regional Labor Relations Commission received an application for remedy from the Plaintiff on the ground that “the removal from position and standby order were without justifiable grounds or abuse of discretionary power.” Accordingly, the Defendant filed an application for review with the National Labor Relations Commission (Central District Labor Relations Commission Decision 2010Du1394), but the National Labor Relations Commission dismissed the Defendant’s application for review on February 8, 2011.

Accordingly, the defendant filed a suit with the Seoul Administrative Court for cancellation of the decision on dismissal from position and standby order relief (201Guhap10492) and the above court rendered a decision to revoke the decision on review by the National Labor Relations Commission on July 21, 2011, but the National Labor Relations Commission and the plaintiff appealed with respect to the above decision. The Seoul High Court accepted the appeal by deeming that the above dismissal from position and standby order abuse of personnel discretion (201Nu29498), and the defendant appealed, but the Supreme Court dismissed the above appeal on June 14, 2012.

(2012du6780) c.

The defendant is the first disciplinary dismissal against the plaintiff, the defendant shall be the Incheon Manopoon.