1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. In the first instance court’s trial scope, the Plaintiffs filed a claim for confirmation of invalidity of the disciplinary action against five months of suspension from office on January 16, 2015 (hereinafter “instant suspension disposition”) and payment of unpaid wages during the said suspension period, stating that “the suspension period from office was from October 7, 2008 to March 6, 2009.”

The first instance court rendered a favorable judgment against the Plaintiffs regarding the claim to nullify the invalidity of the suspension disposition of this case, but rendered a judgment of retirement on the part of the claim for unpaid wages on the ground that there is no benefit of protecting the rights.

As a result, only the defendant appealed against the part against the defendant, the only part of the claim to nullify the suspension disposition of this case is subject to the judgment of this court.

2. The reasoning in this case by the court of the first instance is as follows, except for ① the fifth to the sixth to the sixth to the sixth (C. The legality of a disciplinary action that applies retroactively to the effect of a disciplinary action) of the first instance judgment and ② the fifth to the sixth to the sixth to the tenth (E. Whether or not a deviation or abuse of the authority to exercise disciplinary discretion) of the first instance judgment are as stated in the first and the third (e. the first) of the first instance judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The instant disposition of suspension from office is null and void for the following reasons. A.

For the following reasons, whether a disciplinary action that retroactively applies the effect of the disciplinary action is legitimate, the Defendant’s instant disposition of suspension from office is null and void “from October 7, 2008 to March 6, 2009, which was prior to the date of the disposition of suspension from office ( January 16, 2015).”

In the final and conclusive judgment of the preceding case, the plaintiffs were sentenced to the judgment that "the prior dismissal is null and void," and the defendant paid the plaintiffs the amount equivalent to the wages from October 8, 2008 to the reinstatement of the plaintiffs from the date following the dismissal."

In addition, when a judgment to nullify the invalidity of a disciplinary measure becomes final and conclusive, a dismissal disposition shall be deemed to have never existed from the beginning.