1. Revocation of the first instance judgment.

2. The National Labor Relations Commission between the Plaintiff and the Intervenor on April 28, 2017.

1. Basic facts

A. On August 16, 1996, the Plaintiff is a corporation operating a tourist hotel business with 500 full-time workers, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) joined the Plaintiff and worked as a principal cook on August 16, 1996, and was working as the secretary-general of the C Trade Union (hereinafter “instant trade union”).

B. On October 21, 2016, the Plaintiff’s personnel committee dismissed the Intervenor on October 31, 2016 (hereinafter “instant dismissal”). On October 21, 2016, the Plaintiff’s personnel committee resolved to dismiss the Intervenor on October 31, 2016 due to the grounds for “violation of deceptive order and criminal conviction in the company” (hereinafter “instant dismissal”).

(2) On October 9, 2016, the Intervenor received a written notice of dismissal of the instant case on October 28, 2016, and the Intervenor requested a review on the dismissal of the instant case to the personnel committee of the Plaintiff on November 2, 2016, but the Plaintiff’s personnel committee dismissed the said request for reexamination on the ground that there was no ground for mitigation on November 9, 2016.

C. On December 5, 2016, the Intervenor and the instant trade union dismissed all applications for remedy by the Intervenor and the instant trade union on the ground that “the instant dismissal constitutes an unfair disciplinary action, unfair labor practices (indembly disadvantageous treatment and domination)” under the name of the Busan Regional Labor Relations Commission on December 5, 2016. (2) Busan Regional Labor Relations Commission dismissed all applications for remedy on January 25, 2017, on the ground that “the instant dismissal exists, the determination thereof is appropriate, and it does not constitute unfair labor practices.”

1) On February 28, 2017, the Intervenor and the instant trade union were dissatisfied with the aforementioned initial inquiry tribunal, and filed an application for reexamination as to the National Labor Relations Commission’s 2017da200/Non-no-no-no-27 (merged). 2) On April 28, 2017, the National Labor Relations Commission stated that “the instant dismissal is an unreasonable disposition that abused the disciplinary authority because there exists a disciplinary cause, but the disciplinary action is excessive.”