1. Of the judgment of the first instance court, the part concerning the remaining plaintiffs and the defendant except the plaintiff C is expanded in the trial.

1. The defendant's defense prior to the merits and his decision (hereinafter "the defendant company") are revoked and their respective disciplinary dismissals against the plaintiffs become extinct as the plaintiffs are reinstated. Thus, the defendant company's disciplinary dismissals against the plaintiffs and payment of the amount equivalent to 100% of the average wages of each plaintiff was made after the disciplinary dismissals against the plaintiffs, and even though there remains settlement of the difference, the defendant company's disciplinary dismissals against the plaintiffs and the claim for payment of the amount equivalent to wages during the period of the disciplinary dismissals under the premise that the disciplinary dismissals are null and void also become extinct, and the lawsuit of this case should be dismissed as unlawful.

On the other hand, in a case where a claim for the payment of wages is made, together with the confirmation of invalidity of dismissal, until the reinstatement, it would be the premise of determining whether dismissal is generally null and void, but it would be the premise of determining whether the claim for the payment of wages is reasonable. However, the lawsuit demanding the payment of wages cannot be deemed unlawful as a matter of course, solely on the ground that the lawsuit seeking nullification

(See Supreme Court Decision 93Da7464 delivered on November 9, 1993. In this case, even if the interests of the plaintiffs of the defendant company to seek confirmation of invalidity of each disciplinary dismissal against the plaintiffs of the defendant company have ceased to exist as the plaintiffs are reinstated, whether the plaintiffs have the right to claim payment of the amount equivalent to the wages during the period of disciplinary dismissal against the defendant company is related to the legal relations under substantive law, and its propriety should be decided within this context.

Therefore, in the case where the plaintiffs are reinstated due to the cancellation of their respective disciplinary dismissals against the plaintiffs of the defendant company, the subject matter of the lawsuit is the claim for the payment of the amount equivalent to the wages occurred during the period of disciplinary dismissal.