1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

1. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the judgment of the court of first instance, except for the case where the part concerning “relevant provisions” under Article 6(2) of the grounds of the judgment of the court of first instance is rewritten as shown in the

(main sentence of Article 420 of the Civil Procedure Act).

A. Plaintiff 1) was subject to disciplinary dismissal on May 10, 2016, but the Defendant’s board of directors revoked the dismissal dismissal disposition and reinstated the Plaintiff on August 18, 2017. In a case where a retirement disposition against an employer’s employee is null and void, even though the employment contract relation remains valid, the employee was unable to provide his/her labor due to the cause attributable to the employer, and thus, he/she is entitled to claim the payment of wages that may be paid when he/she continued to work. 2) The Plaintiff continued to be in the position of the Defendant’s employee from May 10, 2016 to August 18, 2017, and was unable to provide his/her labor during that period due to the Defendant’s cause attributable to the Defendant, and thus, the Defendant is liable to pay the Plaintiff the wage amounting to KRW 79,456,00 (=4,966,000 x 16 months) and delay damages.

B. The defendant's dismissal disposition of this case is just and valid, and the defendant's board of directors has no authority to revoke the above disposition ex officio.

Since five years have not elapsed since the plaintiff was dismissed, the plaintiff is not a person to be reinstated.

Since the Defendant’s board of directors’ cancellation of the instant dismissal disposition against the Plaintiff on August 18, 2017 and the resolution of reinstatement is null and void, the Plaintiff’s claim seeking wages during the period of dismissal cannot be accepted.

3. Issues and judgments

A. To accept the Plaintiff’s claim at issue in the instant case, ① the instant disposition of dismissal was made without justifiable grounds for dismissal, and thus null and void, or ② the resolution of reinstatement of the board of directors simply revoked the instant disposition of dismissal for reasons of change of circumstances, including the payment of remuneration for the period of dismissal.