1. The instant lawsuit shall be dismissed.

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

1. Causes and contents of the decision in the retrial;

A. On April 1, 2005, the Intervenor joining the Defendant (hereinafter “ Intervenor”) opened the C Sports Center (hereinafter “the Center”) on April 1, 2005 and employed approximately 40 full-time workers and operated swimming pools, sports facilities, etc.

On April 2, 2015, the Plaintiff entered the instant center and served as a swimming instructor.

B. On July 9, 2015, the Plaintiff asserted that “the Intervenor was subject to unfair dismissal from the Intervenor on April 10, 2015,” and filed an application for remedy with the Gyeonggi Regional Labor Relations Commission, and the Gyeonggi Regional Labor Relations Commission dismissed the application for remedy on September 1, 2015, on the ground that “the benefit of the Intervenor was extinguished by the Intervenor’s order of reinstatement to the Plaintiff.”

C. On September 25, 2015, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission, and the National Labor Relations Commission dismissed the application for reexamination for the same reason on December 22, 2015.

(hereinafter referred to as “instant decision on reexamination”). 【No dispute exists, entry in Gap 1 and 2 evidence, and the purport of the whole pleadings.”

2. The gist of the Plaintiff’s assertion is that the Plaintiff was subject to unfair dismissal from the Intervenor through a clear representation, and thereafter, the Plaintiff received an order of reinstatement from the Intervenor twice, and thus, there is benefit from remedy.

Therefore, the decision on review of this case, which was otherwise decided, is unlawful.

3. We examine, ex officio, whether the instant lawsuit is lawful.

If an employer withdraws or cancels a transfer order and a disposition of dismissal while disputing the validity of a transfer order and a disposition of dismissal by filing a request for remedy against an unfair transfer or unfair dismissal, the employee has achieved the purpose of the request for remedy due to the realization of the matters seeking remedy by the reinstatement, etc., so it is no longer necessary to maintain the procedure for remedy no longer than that of the dispute about the validity of the transfer to a new workplace.