1. Article 2 of the judgment of the court of first instance is amended by expanding the purport of the Plaintiff’s claim for payment of wages at the trial.

Basic Facts

A. On May 10, 1986, the Plaintiff joined the Defendant and worked as an employee.

B. On November 15, 2010, the Defendant’s auditor C requested ex officio dismissal of the Plaintiff on the ground of Article 30 subparag. 2 and subparag. 8 of the Personnel Management Regulations (when the Plaintiff’s ability to perform duties is significantly insufficient or work performance is extremely poor) of the Plaintiff on the ground that “the Plaintiff’s acting director D was found to have received money, valuables, and entertainment from E that he supplied the brokerage working pocketbook,” and the Defendant’s auditor C requested ex officio dismissal on November 15, 2010 without undergoing the Defendant’s personnel committee’s request for disciplinary resolution against the Plaintiff and the procedures for deliberation of disciplinary action by the personnel committee. On November 15, 2010, the Defendant dismissed the Plaintiff on the ground of the above reasons and personnel regulations.

(A) No. 2, hereinafter referred to as "ex officio dismissal of this case")

The main contents of the defendant's personnel regulations pertaining to this case are as follows.

Article 30 (Ex Officio Dismissal) (1) Where an employee falls under any of the following subparagraphs, the appointing authority may dismiss him/her ex officio:

2. When he lacks ability to perform his duties, or when his performance record is extremely poor;

8. Where an employee falls under any of the following subparagraphs, a resolution on disciplinary action shall be requested and disciplinary action shall be taken according to the result of the resolution, when he/she appropriates public funds of the Association or appropriates such public funds without approval of the person with authority to approve the resolution:

1. When he/she violates or neglects an official duty;

6. When an auditor requests disciplinary action according to the result of audit; 10. Where an employee embezzled public funds of the Association or uses them without obtaining approval from a person entitled to approve, the relevant employee and the persons in the next lowest income bracket shall be reprimanded jointly and severally, and the parties concerned shall take measures for compensation immediately;

Article 39 (Prescription of Causes of Disciplinary Action) (1) No disciplinary action shall be taken after two years have elapsed from the date on which the causes of Article 38 accrue.

Article 41 (Request for Disciplinary Decision) (1) The provisions of Article 38 shall be applied.