The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff, including the part arising from the supplementary participation.

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

A. The Plaintiff is a school juristic person established for the purpose of higher education and general education, which ordinarily employs approximately 40 employees and operates C University, etc.

B. On March 12, 2003, the Intervenor joining the Plaintiff and served as an administrative staff at C University Seoul Campus.

Meanwhile, the Plaintiff’s workplace is organized a A trade union comprised of the Plaintiff’s employees (hereinafter “instant trade union”). The Intervenor served as the chairperson of the instant trade union from March 1, 2013 to February 28, 2015.

C. On January 26, 2015, the Plaintiff General Staff Disciplinary Committee decided to dismiss the Intervenor on the ground that “the Intervenor was detained for eight months after being sentenced to imprisonment for violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) on December 17, 2014,” on the grounds that “the Intervenor requested the withdrawal of the president after the appointment of the chairman of the instant trade union, and had the Plaintiff read the images of the school through the interview with various media and the leakage of in-house information.” The Intervenor requested an audit to an external institution, had his/her employees attend the meeting of the chief director, interfered with the smooth operation of school administration, and caused conflict and confusion among school members.”

On January 31, 2015, the Plaintiff notified the Intervenor of disciplinary action to be dismissed in accordance with the above resolution.

(hereinafter “former removal”) D.

On February 2, 2015, the Intervenor filed an application for remedy with the Seoul Regional Labor Relations Commission by asserting that the previous removal of this case constitutes unfair dismissal.

On July 21, 2015, the Seoul Regional Labor Relations Commission received an intervenor’s application for unfair dismissal relief on the ground that “Although the grounds for disciplinary action against the previous dismissal are recognized, the Plaintiff’s holding of a general staff disciplinary committee without having the representative of the instant trade union without having the representative of the trade union constitutes a serious procedural defect.”