1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the decision on retrial;

A. Defendant Intervenor’s Intervenor (hereinafter “ Intervenor”) is a social welfare foundation that employs seven full-time workers and operates social welfare business.

On July 3, 2013, an intervenor operates a C clubs designated as an exclusive institution for senior citizens’ jobs (hereinafter “instant club”) from the head of Busan Metropolitan City.

B. The Plaintiff rejected the Plaintiff’s application on April 20, 2015, asserting that “the Plaintiff concluded a labor contract with the Intervenor to work as the head of the instant club and provided labor to the Intervenor, and that the Intervenor did not employ the Plaintiff on February 10, 2015, and that the Plaintiff’s request for withdrawal from the instant club constitutes unfair dismissal.” However, the Busan Regional Labor Relations Commission rejected the Plaintiff’s application for unfair dismissal on the ground that it cannot be deemed that the labor contract was concluded between the Plaintiff and the Intervenor on June 17, 2015.

(C) Busan High Court Decision 2015Jak278, hereinafter referred to as "First Inquiry Tribunal").

On July 1, 2015, the Plaintiff dissatisfied with the initial inquiry tribunal, filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the same ground as the initial inquiry tribunal on September 14, 2015.

(Central 2015da646, hereinafter referred to as “instant decision for reexamination”) / [based on recognition] each entry of evidence Nos. 9 and 10, and the purport of the entire pleadings

2. Whether the decision on the retrial of this case is lawful

A. The Plaintiff’s assertion’s operating rules stipulate the personnel management rules of the instant club employees as the Intervenor’s representative director. However, in order to have the said operating rules effective as a norm regulating the working conditions of many workers, the said regulations have the effect of allowing the employees to actually inform the employees of the same as the procedures equivalent to the promulgation of the statutes, even though they are not prescribed by the Labor Standards Act. The Intervenor’s operating rules are invalid without going through such procedures.

On the other hand, the Ministry of Health and Welfare in 2015.