1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is due to the participation.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a company that employs approximately 150 full-time workers to conduct market research and data research services, etc.

On April 28, 2014, the Plaintiff joined the Intervenor and served as a member from the goods and services (Merchling Service; hereinafter referred to as “ms”) team in the distribution investigation sector (RS) sector.

B. On August 28, 2015, the Plaintiff submitted a resignation to C director, who is a superior in charge of managing msphers. The labor relationship between the Plaintiff and the Intervenor was terminated as of November 30, 2015, as stipulated in the above resignation.

(hereinafter “Termination of the instant employment relationship”). C.

The Plaintiff presented a written resignation as of November 30, 2015 on the premise of the change of position, but expressed his/her intention of withdrawal on November 6, 2015, and thus, the intention of resignation was voluntarily withdrawn prior to the acceptance of the resignation. Even if the written resignation was already accepted, the submission of the written resignation was made by mistake or coercion induced by C director, and thus, the Plaintiff’s expression of intent to cancel the employment relationship with the Plaintiff constitutes an unfair dismissal, regardless of the absence of the validity of the said declaration of intent to cancel the employment relationship with the Plaintiff as of November 30, 2015.

However, the Seoul Regional Labor Relations Commission agreed to grant paid leave on May 10, 2016 to the Plaintiff and the Intervenor for about three months until November 30, 2015, which is the time of retirement specified in the resignation letter submitted by the Plaintiff, became an important content of the contract for termination of the agreement. The Intervenor’s consent to the offer to terminate the employment contract made by the Plaintiff was finally formed and indicated at the time of the agreement, and the Intervenor had already accepted the Plaintiff’s resignation on September 4, 2015, and thereafter, the Plaintiff expressed his/her intent to withdraw his/her intention to resign on November 6, 2015.

Even if the intervenor voluntarily withdraws without the consent of the intervenor.