1. The lawsuit of this case shall be dismissed.

2. The cost of review shall include the part resulting from the intervention.

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

On March 23, 2017, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the final adjudication rendered by the Central Labor Relations Commission on the case of petitioning for unfair dismissal C between the Plaintiff and the Intervenor, but the Seoul Administrative Court rendered a judgment dismissing the Plaintiff’s claim on October 27, 2017.

(Seoul Administrative Court 2017Guhap63719).(b)

On May 25, 2018, the Plaintiff appealed to this Court, but this Court rendered a judgment dismissing the Plaintiff’s appeal.

(Seoul High Court Decision 2017Nu79303, hereinafter referred to as "Seoul High Court Decision on Review").

The Plaintiff appealed against this and appealed to the Supreme Court. On September 13, 2018, the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal (Supreme Court Decision 2018Du47202). Accordingly, the judgment subject to a retrial became final and conclusive.

2. Whether the litigation for retrial of this case is legitimate

(a)The following facts of recognition are apparent or obvious to this Court in the records:

① On May 20, 2019, the Plaintiff filed a lawsuit against the Defendant for retrial with the Seoul Administrative Court.

(Seoul Administrative Court 2019 Jae-gu 1009). The purport of the request for retrial is that "the National Labor Relations Commission revokes the decision made on March 23, 2017 with respect to the case of the application for remedy for unfair dismissal between the plaintiff and the intervenor".

The grounds for retrial are that the damages lawsuit filed by the Intervenor against the Plaintiff (Tgu District Court 2018Gau 7334, Daegu District Court 2018) was dismissed.

On May 24, 2019, a duplicate of the complaint for retrial was served on the Defendant.

② On December 2, 2019, the Plaintiff filed a lawsuit against the Defendant for reexamination of the instant case.

The purport of the request for retrial is that the National Labor Relations Commission’s decision on March 23, 2017 on the application for retrial between the Plaintiff and the Intervenor is revoked.

Grounds for retrial have been instituted by the Intervenor against the Plaintiff.