1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Defendant is a person operating “C”, and the Plaintiff is a person employed by the Defendant from September 22, 201 to April 2, 2012 and served as an instructor of a driver’s license.

B. On June 5, 2012, the Plaintiff asserted that “the Defendant was subject to unfair dismissal from the Defendant,” and applied for unfair dismissal to the Gyeongbuk Regional Labor Relations Commission. On August 13, 2012, the Gyeongbuk Regional Labor Relations Commission dismissed the application for remedy on the ground that “the Defendant’s order to reinstate the Plaintiff, thereby achieving the purpose of the application for remedy.”

Accordingly, on August 24, 2012, the Plaintiff filed an application for reexamination with the National Labor Relations Commission. On November 28, 2012, the National Labor Relations Commission determined that “In light of the fact that the Defendant only ordered the original position and did not pay the amount corresponding to the wages during the period of dismissal, the above order for the original position appears to be a formal form to avoid the unfair dismissal remedy order issued by the Elementary and Secondary Labor Relations Commission, the first instance court on August 13, 2012, and the Defendant’s dismissal against the Plaintiff on April 2, 2012, determined that “the dismissal would be unfair,” and the Defendant reinstated the Plaintiff to the original position and paid the amount equivalent to the wages during the period of dismissal.”

C. In addition, on April 17, 2012, the Plaintiff filed a petition with the Daegu Regional Employment and Labor Office, and the Daegu Regional Employment and Labor Office sent the Defendant to the Prosecutor’s Office on December 5, 2012, to the effect that “The Defendant did not pay some wages, overtime allowances, and advance notice of dismissal to the Plaintiff even if the Plaintiff was dismissed.”

However, on June 28, 2013, the defendant was prosecuted by the Daegu District Public Prosecutor's Office on the charge of violating the Labor Standards Act, and the plaintiff appealed, but the above appeal was dismissed by the Daegu High Public Prosecutor's Office on August 13, 2013.

In addition, the plaintiff filed an application for adjudication on the disposition not to institute the above disposition, but the Daegu High Court on February 11, 2014 filed the above application for adjudication.