1. It is confirmed that the Defendant’s dismissal on February 15, 2018 against the Plaintiff is null and void.

2. The Defendant on February 15, 2018, to the Plaintiff.

Basic Facts

On May 25, 2009, the defendant is ordinarily using approximately 25 workers as an incorporated foundation established after obtaining permission for establishment on May 25, 2009 for the purpose of assessing the performance and safety of radiation generators for diagnosis.

On August 1, 2009, the Plaintiff was serving as a member of the Defendant and went back on May 1, 2012. On March 7, 2016, the Plaintiff re-entered into a medical institution on or around March 7, 2016, and performed the duties of evaluating the performance and safety of X-ray equipment, etc. installed in a medical institution of two persons.

On February 14, 2018, the head of the Defendant’s headquarters following the suspension of work notified the Plaintiff to the effect that “A decision of the disciplinary committee to be dismissed on the ground of absence from office, etc., was made, and the one-month salary is to be arranged.”

Accordingly, the plaintiff demanded an interview with directors D, the representative of the defendant.

At the time, D also referred to the purport that the Plaintiff would be eligible to receive monthly salary while refusing to do so with the Plaintiff. After the suspension of service, the Defendant reported to the Korea Labor Welfare Corporation that the Plaintiff was disqualified as an employee on February 15, 2018, and stated the reason as an “recommended position”.

On April 19, 2018, the Plaintiff filed an application for unfair dismissal with the Seoul Regional Labor Relations Commission. On June 14, 2018, the Seoul Regional Labor Relations Commission decided to dismiss the Plaintiff’s application on the ground that the Defendant’s measure is not dismissal but merely termination of the labor contract relationship with the Plaintiff.

관련 규정 ◎ 피고 회사의 운영세칙 제3조(징계의 종류)

5.Recommending Director: to recommend the submission of resignations.

In case of non-compliance with this, disciplinary action shall be dismissed.

6. Dismissal of a disciplinary action: He shall be immediately dismissed without a prior notice period.

Article 6 (Procedure for Retrial)

1. When it is deemed that a decision of disciplinary action is improper, a member who is subject to disciplinary action may apply for reexamination in writing within seven days from the date of receipt of the notice of disciplinary action;