1. The instant lawsuit shall be dismissed.

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

On December 1, 2016, the Plaintiff entered the state of the Intervenor joining the Defendant, Inc. (hereinafter “ Intervenor”) and served as an employee exclusively in charge of night work.

On December 11, 2016, the Plaintiff asserted that the Intervenor was unfairly dismissed on December 11, 2016, and applied for remedy against unfair dismissal to the Busan Regional Labor Relations Commission on March 3, 2017. On April 24, 2017, the Gyeongbuk Regional Labor Relations Commission dismissed the Plaintiff’s request for remedy on the ground that “the Intervenor sent to the Plaintiff on April 19, 2017, requesting the Plaintiff to attend work again from April 24, 2017, by means of content-proof mail, and the Intervenor’s request for remedy was achieved due to the Intervenor’s notice of reinstatement, and there was no benefit from remedy.”

(Seoul High Court Decision 2017No. 115, hereinafter referred to as “First Tribunal”). The Plaintiff dissatisfied with the first Tribunal and filed an application for reexamination with the National Labor Relations Commission on May 8, 2017, and the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on July 12, 2017.

(The Supreme Court Decision 2017Du424, hereinafter referred to as "the Judgment on Re-Adjudication of this case"). (No dispute exists with the ground for recognition, Gap Nos. 1 and 2 (including the number, if any), Eul's entries in No. 1, and Eul's overall purport of pleading, are examined as to the legitimacy of the Lawsuit of this case ex officio, as to the legitimacy of the Lawsuit of this case.

If an employer withdraws the dismissal and restores the employee while the employee was disputing the validity of the dismissal by filing an application for remedy against unfair dismissal, the employee would be entitled to seek remedy by the reinstatement, and the amount equivalent to the wages for the period of dismissal that the employee did not receive may be resolved through civil procedures, such as a lawsuit claiming wages. Thus, the remedy benefits are extinguished as no longer necessary to maintain the procedure for unfair dismissal (see Supreme Court Decisions 2000Du7186, Feb. 8, 2002; 2012Du4036, Jun. 28, 2012).