1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is due to the participation.

1. Details of the decision on retrial;

A. The Plaintiff’s position 1) employs approximately 130 workers and operates route passenger transport business. The Intervenor joining the Defendant (hereinafter “ Intervenor”).

On January 11, 2010, the Plaintiff entered into a service contract with the Plaintiff and carried out bus driving services. 2) On April 8, 2015, the Plaintiff was subject to disciplinary action against the Intervenor on the “on-way and exclusive route cancellation.” Accordingly, the Intervenor was carrying out the service of a major engineer on behalf of a major engineer on-site leave or absence from work.

B. On July 26, 2016, the Intervenor: (a) filed an annual leave on July 26, 2016 with the Plaintiff’s regular business C on July 25, 2016, on the ground that the Plaintiff’s election of the head of the trade union was constituted text messages; (b) on July 25, 2016, C responded that it is impossible for the Intervenor to approve the annual leave on July 25, 2016; (b) the Intervenor refused the Plaintiff’s operation order on the ground that the Plaintiff was registered as a candidate for the head of the trade union branch, while driving a bus on July 26, 2016; and (c) the Intervenor left the workplace without permission for six hours from 13:0 to 19:30 minutes.

(hereinafter referred to as “displacement without permission on July 26, 2016”)

From July 30, 2016 to August 2, 2016, the Plaintiff was absent from office without permission from the intervenor (i.e., absence from office) and the Plaintiff granted holidays to the intervenors from July 27, 2016 to August 1, 2016 at the vehicle in consideration of the head of the labor union branch, even though there was no monthly holiday remaining in the intervenor. However, the Intervenor resigned from the above candidate on July 29, 2016, and the Plaintiff withdrawn the holidays granted to the intervenor on the same day and ordered the Plaintiff to work on board. 2) However, the Intervenor was absent from office without permission from the Plaintiff from July 30, 2016 to August 2, 2016 without permission from the Plaintiff.

(hereinafter “Unauthorized absence from office”) D from July 30, 2016 to August 2, 2016.

On August 3, 2016, the plaintiff's exclusion from the jury and the plaintiff 1 of the retrial ruling were made on July 2016 to the intervenors on several occasions.