1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by the defendant.

1. In a lawsuit for ex officio determination of legality of the instant lawsuit, the subject of confirmation requires that the instant lawsuit be present rights or legal relations. Therefore, barring any special circumstance, the confirmation of existence of past rights or legal relations is not recognized.

On August 18, 2017, the Defendant was subject to the instant disciplinary action against the Plaintiff for two months of suspension from office due to the Plaintiff’s breach of good faith, etc. After which, around May 2019, the Defendant revoked the instant disciplinary action against the Plaintiff, which was subject to the instant disciplinary action, and paid unpaid wages. In addition, the fact that the Defendant was subject to the instant disciplinary action prior to the instant disciplinary action, etc. was not in dispute between the parties, or that the Defendant was subject to restoration to the original state prior to the instant disciplinary action, can be acknowledged by comprehensively taking account of the overall purport of the pleadings as follows.

According to the above facts, the instant lawsuit seeking confirmation of invalidity of the instant disciplinary action is merely seeking confirmation of the past legal relationship, and there is no benefit of confirmation.

2. As such, the instant lawsuit shall be dismissed as it is unlawful.

The judgment of the court of first instance is unfair on the ground that it is unfair to conclude otherwise, and the lawsuit of this case is dismissed, and the total costs of the lawsuit are assessed against the defendant in consideration of the progress of the lawsuit of this case.