The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Defendant is a person operating a veterinary hospital of “D” located in Michuhol-gu Incheon Metropolitan City (hereinafter “instant veterinary hospital”), and the Plaintiff is a person who works for the instant veterinary hospital from July 1, 2017 to June 30, 2018 as a veterinarian.

B. On March 8, 2018, the Defendant made a three-month decision of suspension from office (hereinafter “instant disciplinary action”) against the Plaintiff on the ground that “satisfy, gying, refusing to provide a service order, refusing to provide a service schedule, and damaging the service schedule,” and notified the Plaintiff thereof.

C. The Plaintiff filed an application for remedy against unfair suspension from office with respect to the instant disciplinary action with the Incheon Regional Labor Relations Commission.

On May 23, 2018, the Incheon Regional Labor Relations Commission: (a) recognized that the instant disciplinary action is unfair suspension; (b) revoked the suspension disposition against the Plaintiff; and (c) determined that the amount equivalent to the wages that the Plaintiff could have received if the Plaintiff had worked normally during the suspension period.”

The Defendant filed an application for review of the above determination, and the National Labor Relations Commission dismissed the Plaintiff’s application for remedy on September 13, 2018 on the ground that the Plaintiff’s employment relationship was terminated by withdrawing the instant veterinary hospital as of July 1, 2018, and thus, no longer necessary to maintain the remedy procedure.

E. On May 19, 2020, the Defendant rendered a two-month disciplinary measure against the Plaintiff for the same reason as the instant disciplinary measure (hereinafter “instant subsequent disciplinary measure”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 11, 12, 14 through 16 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The instant disciplinary action does not exist, and there are grounds for disciplinary action.