1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The plaintiff is an incorporated foundation with the purpose of supporting and operating academic and cultural promotion by using six regular workers.

B. On May 16, 2016, B asserted that he/she was unfairly dismissed on February 11, 2017 while serving as a driver under employment by the Plaintiff, and filed an application for unfair dismissal with the Defendant on March 20, 2017.

C. On May 19, 2017, the Defendant issued a remedy order (hereinafter “instant remedy order”) stating that “The dismissal of the Plaintiff made against B on February 11, 2017 is unfair, and that “the Plaintiff is reinstated B to its original position within 30 days from the date of receipt of the written adjudication, and would pay the amount equivalent to the wages that the Plaintiff could have received if the Plaintiff had worked normally during the period of dismissal” (hereinafter “instant remedy order”).

On May 30, 2017, the Plaintiff received the above order for remedy from the Defendant, and appealed on June 5, 2017, filed an application for review of unfair dismissal with the National Labor Relations Commission. On August 17, 2017, the National Labor Relations Commission rendered the instant decision dismissing the Plaintiff’s above application.

E. On August 3, 2017, the Plaintiff failed to comply with the instant remedy order by the due date, and the Defendant issued a disposition imposing a non-performance penalty of KRW 5 million upon the Plaintiff on the ground that the instant remedy order was completely non-performanceed.

(hereinafter "Disposition in this case"). 【No dispute exists, Gap 1 through 8, Eul 1 through 8 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff merely terminated the employment contract under the agreement with B, but did not dismiss B as unjust, so the order of remedy in this case premised on the plaintiff's rejection of B as unjust is null and void due to significant and apparent defects.

In addition, the plaintiff agreed to pay B both the pre-paid dismissal allowance, holiday allowance, holiday bonus, holiday bonus, and agreed amount, and the two itself solicits B to be reinstated by the National Labor Relations Commission.