1. The instant lawsuit shall be dismissed.

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

On March 7, 2016, the Korean Olympic Committee established on March 7, 2016 and employed approximately 170 full-time workers, thereby promoting amateur sports and guiding and supervising athletic organizations.

On October 4, 2013, the Korean Olympic Committee appointed the Plaintiff as the former leader of a national representative player who had his/her term of office from October 1, 2013 to February 28, 2017, and the Plaintiff served as the former leader of a national representative player from October 1, 2013 to the former leader of a national representative player.

On March 4, 2016, the Korean Olympic Committee dismissed the Plaintiff on the ground of “Organizational Privateization, embezzlement of public funds, violence, etc. (the results of investigation by the 4th report center for sports)” (hereinafter “instant dismissal”).

On April 18, 2016, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission for dismissal, but was ruled dismissed on June 13, 2016.

The Plaintiff appealed and filed an application for reexamination on July 15, 2016, and the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on October 11, 2016 on the ground that “the grounds for dismissal of this case are recognized, the procedure for disciplinary action is appropriate, and the procedure for disciplinary action is lawful.”

[Ground of recognition] The lawsuit of this case is composed of the part that seeks revocation of the decision of retrial which dismissed the request for remedy against dismissal of this case and the part that seeks implementation of the decision of retrial order against the National Labor Relations Commission. Thus, we examine the legitimacy of the lawsuit of this case ex officio.

First, if a labor relationship is terminated due to the expiration of the term of a labor contract during which a worker files an application for remedy for dismissal with the Labor Relations Commission, the part seeking the cancellation of a decision on reexamination among the lawsuits in this case is not possible to recover the status of the previous worker even if the decision on reexamination is cancelled and thus, the legal interest seeking the cancellation of the decision on reexamination is possible.