The plaintiff's claim is dismissed.

All costs of lawsuit, including the part arising from the participation in the subsidy, shall be borne by the plaintiff.

1. On July 23, 2018, the Defendant’s Intervenor (hereinafter “ Intervenor”) entered the Plaintiff at the trading chain and was in charge of managing the “D” online shopping mall in China. On July 1, 2019, the Plaintiff terminated the labor relationship with the Intervenor (hereinafter “the termination of the instant labor relationship”).

On July 26, 2019, an intervenor filed an application for remedy against unfair dismissal with the Seoul Regional Labor Relations Commission, and on September 19, 2019, the Seoul Regional Labor Relations Commission rendered a judgment of the first instance accepting the application for remedy on the ground that “the termination of the instant labor relationship constitutes dismissal, but did not comply with the written notification.”

Therefore, the Plaintiff filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the application for reexamination on December 19, 2019 (the instant decision on reexamination).

[Grounds for recognition] Gap evidence Nos. 1 through 3, 6, 9, 14, Eul evidence Nos. 1 and 4, Eul evidence No. 4, and the purport of the whole pleadings

2. The intervenor voluntarily resigned from the gist of the Plaintiff’s assertion, and the Plaintiff did not dismiss the intervenor.

In addition, it is illegal that the Seoul Regional Labor Relations Commission issued a remedy order to pay the amount equivalent to the wages in lieu of the reinstatement of the original position when the Seoul Regional Labor Relations Commission judged the original position despite the absence of the intention of reinstatement of the original position.

The ruling on the review of this case, which was made on the premise different from this case, must be revoked in an unlawful manner.

3. Whether the decision on the retrial of this case is legitimate

A. 1) On June 28, 2019, the Intervenor requested the Vice-President to pay the annual salary, and the Intervenor stated that “the response was requested by July 3, 2019.”

2) E 차장은 2019. 7. 1. 참가인과 다음과 같이 위 챗 메시지를 주고받았고, 14:30 경 참가인에게 ‘ 연 봉인상 요청을 받아들일 수 없다’ 는 취지를 알렸다.

E Vice-Minister: [10:22] Category B C well-being

E Vice-President: [10:22] F.C. annual salary, the need to report to the representative of the today.

E.