1. Of the judgment of the court of first instance, the part of the claim for nullification of the dismissal and the part of the claim for wages, order the payment below.

1. Basic facts

A. The defendant related to the parties is an educational foundation under the Private School Act which establishes and operates C secondary high schools, and the plaintiff served as the head of the administrative office at C secondary high schools under the defendant's jurisdiction.

B. The Plaintiff’s disciplinary action 1) On August 3, 2015, the Defendant held a teachers and staff disciplinary committee on grounds of disciplinary reasons such as acceptance of money and valuables, entertainment, improper accounting, etc., and took two months of suspension from office (hereinafter “instant suspension from office”).

(2) On August 11, 2015, the Prosecutor General of the Gangwon-do Office of Education requested the Defendant to review the disciplinary action against the Plaintiff on August 10, 2015. On August 11, 2015, the Defendant notified the Plaintiff of the result of the instant suspension from office (from August 7, 2015 to October 6, 2015).

3) On August 13, 2015, the Defendant issued a notice of attendance at a retrial to the Plaintiff. On August 18, 2015, the Defendant re-convened the Plaintiff’s explanation by holding a teachers and staff disciplinary committee to hear the Plaintiff’s explanation and then dismissed the Plaintiff (hereinafter “prior dismissal”).

On August 26, 2015, the Plaintiff notified the Plaintiff that he was dismissed under the preceding dismissal. 4) On August 31, 2015, the Plaintiff filed an application for reexamination on the preceding dismissal, but the Defendant dismissed it on September 24, 2015, and on which October 20, 2015, the Plaintiff filed an application for the remedy against the Defendant with the Gangwon Regional Labor Relations Commission for unfair dismissal (Seoul Local Labor Relations Commission) against the Defendant.

5) The Gangwon Regional Labor Relations Commission accepted the above application on December 21, 2015, and determined that “the dismissal of the Defendant made by the Defendant to the Plaintiff as of August 18, 2015 is unfair.” The Defendant, within 30 days from the date of receipt of the written adjudication, decided that the Plaintiff is reinstated to the original position and paid the amount equivalent to the wages that would have been paid if the Plaintiff had worked during the period of dismissal.” 6) The Gangwon-do Office of Education made a decision on February 1, 2016 to the Defendant and the Plaintiff.