1. On January 18, 2016, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was established on August 28, 2007 and hired 20 full-time workers and engaged in the business of manufacturing vessel components. The Plaintiff is a foreigner of Uzbekistan’s nationality who entered the Intervenor on September 18, 2014 and works as an assistant member with seals.

On June 30, 2015, the Plaintiff was subject to unfair dismissal from the Intervenor. On July 24, 2015, the Plaintiff filed an application for remedy with the former North Regional Labor Relations Commission. On September 22, 2015, the former North Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on the ground that “the Intervenor’s dismissal against the Plaintiff is nonexistent.”

On October 22, 2015, the Plaintiff, who was dissatisfied with the above initial inquiry tribunal by the National Labor Relations Commission, applied for reexamination to the National Labor Relations Commission on October 22, 2015, but was dismissed on January 18, 2016 for the same reasons as the initial inquiry tribunal.

(2) On June 30, 2015, the Intervenor filed a report on the change of employment on the ground that the Plaintiff was absent from work without permission on June 30, 2015, and the Plaintiff was unfairly dismissed on the ground that the Intervenor was absent from work without permission on June 30, 2015.

Therefore, the decision on review of this case should be revoked as it is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

On June 20, 2012, the Plaintiff entered the Republic of Korea upon obtaining status of stay (E-9 non-professional employment, expiration date of employment period: June 19, 2015) that allows job-seeking activities.

On September 18, 2014, an intervenor obtained an employment permit for a foreign worker from the Gwangju Regional Employment and Labor Office (hereinafter referred to as the “Military Employment and Labor Office”) on the same day and the term of the employment contract with the Plaintiff on September 18, 2014.