1. Revocation of a judgment of the first instance;

2. On January 3, 2014, the National Labor Relations Commission between the Plaintiff and the Defendant joining the Defendant.

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) was established on August 14, 1998 and engaged in the business of maintaining facilities, etc., and the Plaintiff joined the Intervenor on March 1, 2008 and served as security guards at the business office of B University.

B. On June 28, 2012, the Plaintiff asserted that the Plaintiff’s dismissal and reinstatement order against the Plaintiff would be unfair dismissal, and filed an application for unfair dismissal with the Seoul Regional Labor Relations Commission. On September 21, 2012, the Seoul Regional Labor Relations Commission issued an order to reinstate the Plaintiff’s former position on October 10, 2012. (2) The Intervenor ordered on October 10, 2012 that “the Plaintiff shall be reinstated as the security guards of the Dongbu Fire Fighting House (hereinafter “Dong Automatic Labor Relations Commission”) located in the Yongsan-gu Seoul Special Metropolitan City, because the Plaintiff’s former workplace is not secured, the Intervenor ordered the Intervenor to work at work on October 13, 2012.”

(hereinafter referred to as “instant reinstatement order”). (c)

The plaintiff's disciplinary dismissal against the plaintiff requires the return of the plaintiff to the former two university's office, and the plaintiff did not work at all since October 13, 2012.

Accordingly, on May 2, 2013, the Intervenor dismissed the Plaintiff as of June 3, 2013 pursuant to Article 64 of the Rules of Employment on the ground that “Unauthorized absence from office and non-performance of work instructions” was not complied with an order to change the position and reinstatement from October 13, 2012 to May 2, 2013.

(hereinafter “instant dismissal”) D.

The Plaintiff filed an application for unfair dismissal with the Seoul Regional Labor Relations Commission on August 20, 2013. However, the Seoul Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on October 15, 2013. 2) Accordingly, the Plaintiff filed an application for reexamination with the National Labor Relations Commission on October 31, 2013, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on January 3, 2014.

(c).