The plaintiff's claim is dismissed.

All costs of lawsuit, including the part arising from the participation in the lawsuit, shall be borne by the plaintiff.

The following: (a) the Plaintiff is a person operating a child-care center under the trade name, “D child-care center” (hereinafter “instant child-care center”) from July 26, 2003; and (b) the Intervenor joining the Defendant (hereinafter “ Intervenor”) was a person who continued to work for the child-care center of this case on October 18, 2018.

On July 18, 2019, the Plaintiff ordered the intervenors to attach a slick prevention slick to stairs located in the instant child-care center, and there was a horse fighting between the Plaintiff and the Intervenor.

On July 18, 2019, an intervenor was dismissed from the Plaintiff on the same day (hereinafter “instant dismissal”) from the Plaintiff to the Gyeonggi Regional Labor Relations Commission, and filed an application for remedy by asserting that the dismissal is unfair.

On September 11, 2019, the Gyeonggi Regional Labor Relations Commission issued an initial inquiry tribunal that the dismissal of this case is unfair on the ground that “the dismissal of this case is null and void since the Plaintiff did not notify the intervenors in writing.”

On October 16, 2019, the Plaintiff appealed to the National Labor Relations Commission.

On December 16, 2019, the National Labor Relations Commission rendered a decision to dismiss the plaintiff's request for reexamination on the same grounds as the first inquiry court.

(hereinafter referred to as the “instant decision on reexamination”). 【No dispute exists, as described in the separate text of the relevant Acts and subordinate statutes concerning the purport of the entire pleadings, the entries in Gap’s Evidence Nos. 1, 2, 16, Eul’s Evidence Nos. 34, 35, and all pleadings.

The gist of the Plaintiff’s assertion as to whether the instant decision was lawful or not is dismissed, and the Intervenor voluntarily retired when the Plaintiff informed the Intervenor of the termination of the labor contract, and the Intervenor did not unilaterally dismiss the Intervenor.

Judgment

The grounds for termination of a labor contract can be divided into retirement, dismissal, automatic extinguishment, etc.

Retirement shall be made with the employee's intention or consent, and dismissal shall be made with the employee's unilateral intention against the employee's will.