The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The total cost of the lawsuit shall be the cost of the lawsuit.

Judgment ex officio is made.

1. There is no benefit in a lawsuit seeking the cancellation of a decision made by the reexamination of the Central Labor Relations Commission, in case where it is objectively impossible to realize the order, even though the order for remedy is issued following the request for remedy against an unfair dismissal, etc.;

(see, e.g., Supreme Court Decision 95Nu12347, Dec. 5, 1995). In addition, in a case where an employee filed a lawsuit seeking confirmation of invalidity of an unfavorable measure such as unfair dismissal against the employer and a final and conclusive judgment of dismissal becomes final and conclusive after a judgment of dismissal is rendered, it is no longer necessary to maintain the remedy procedure against unfair dismissal, etc., since it has already become final and conclusive that it is not an unfair dismissal, etc., and thus, there is no interest in filing a lawsuit seeking revocation of the Central Labor Relations Commission

(2) According to the records, the Plaintiff filed a lawsuit seeking revocation of the decision of reexamination, upon dismissal of the Plaintiff, with the Central Labor Relations Commission (Seoul District Court Decision 2016Ga36973, Nov. 23, 2017) on April 23, 1996 (see, e.g., Supreme Court Decisions 95Nu6151, Apr. 23, 1996; 201Du15964, May 24, 2012).

In addition, during the period of the final appeal of this case, the above dismissal ruling of the appeal of this case is dismissed on August 31, 2018 by the plaintiff's appeal (Seoul High Court 2018Na200402). The appeal (2018Da272704) also is dismissed on January 17, 2019, and the original copy of the judgment becomes final and conclusive by being served on January 18, 2019 is significant in this court.

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