1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 9, 2016, the Plaintiff is a person who became a member of the Defendant’s workplace located in Guro-gu Seoul Metropolitan Government and takes charge of the main duty.

B. D Co., Ltd. (hereinafter “D”) is a company established on November 24, 2015 and run a money gas restaurant by ordinarily employing 40 workers at four stores in Seoul Jung-gu, Seoul and its head office, and the Defendant is a branch of D.

C. On May 22, 2017, the Plaintiff: (a) heard from H the head office staff H who visited the said place of business, who visited other employees G at the Defendant’s place of business, the Plaintiff did not leave the Defendant’s place of business, and did not continue to work at the Defendant’s place of business.

D On June 23, 2017, the Plaintiff notified the Plaintiff of the opening of a personnel committee on the grounds of unauthorized outing, absence from work without permission, etc., and decided to dismiss the Plaintiff by opening a personnel committee on June 30, 2017, and notified the Plaintiff of the dismissal on July 12, 2017.

E. On September 26, 2017, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission on the ground of unfair dismissal, and the Seoul Regional Labor Relations Commission rendered a judgment on September 26, 2017 to the effect that the dismissal of the Plaintiff was unfair (Seoul 2017Da1726).

Accordingly, D applied for a review, and the National Labor Relations Commission rendered a decision to the effect that the above decision of the first instance was revoked on the ground that the labor relationship between the Plaintiff and D was terminated on December 26, 2017 and the relief benefit became extinct due to the termination of the period of December 8, 2017, and that it rejected the Plaintiff’s request for remedy (central 2017da112).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1, 2, 4, 10, 14, 15, 16, and the purport of the whole pleadings

2. On May 22, 2017, the Plaintiff asserted that he/she was notified of dismissal orally from H, and received a notice of dismissal sent by a non-Defendant D’s representative.

The plaintiff was recognized as unfair dismissal and reinstatement by the Seoul Regional Labor Relations Commission in the case of a request for unfair dismissal.