1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

1. Details of the decision on retrial;

A. An intervenor is a company that was established around December 18, 1996 and runs the business of manufacturing and selling printed circuit plates.

The plaintiff is a person who was employed by the intervenor around September 1, 2006 and worked in the workplace at night.

B. On January 12, 2015, the Plaintiff was closed while working at the Intervenor’s place of business at night, and was found to have been exposed and submitted to the intervenors by preparing and submitting a weekend.

In addition, around 04:50 on July 17, 2015, the Plaintiff, while making night service at the Intervenor’s workplace, was exposed to B.

On the other hand, at the Intervenor’s workplace on July 25, 2015, fire occurred at around 05:00, which is night working hours.

C. Around September 10, 2015, the Intervenor notified the Plaintiff that “from September 14, 2015, the Intervenor only worked during the day” was “from September 14, 2015.”

(hereinafter “instant personnel order”) D.

On September 11, 2015, the Plaintiff filed an application for remedy for unfair personnel order with the Incheon Regional Labor Relations Commission (2015da451).

On November 9, 2015, the Incheon Regional Labor Relations Commission rendered a ruling dismissing the Plaintiff’s application for remedy on the ground that “It is difficult to deem that the business necessity of the instant personnel order is sufficiently recognized and the disadvantage incurred to the Plaintiff in his/her daily life is significantly exceeded that the Plaintiff should normally take care of, and it is difficult to deem that the instant personnel order is unreasonable solely on the ground that the consultation with the Plaintiff is insufficient.”

E. On December 10, 2015, the Plaintiff filed an application for reexamination with the National Labor Relations Commission under the Ministry of Labor No. 2015 No. 1273 regarding the said initial inquiry tribunal.

On March 18, 2016, the National Labor Relations Commission rendered a ruling dismissing the plaintiff's above request for reexamination on the grounds similar to the above initial inquiry tribunal (hereinafter referred to as "the ruling dismissing the plaintiff's above request for reexamination").

(f) part of the rules of employment of the Intervenor relating to this case is as follows:

1. The Company shall be an employee, as the case may be.