1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant is an incorporated foundation established for the purpose of enhancing the research and development capacity for the biological industries in C areas. The Plaintiff is a person who served as the head of the D Center under the Defendant’s control from March 27, 2017.

B. On September 6, 2018, the Defendant decided on one month of suspension from office (hereinafter “instant disciplinary action”) on the ground that “the Plaintiff used business promotion expenses in violation of relevant Acts and subordinate statutes and internal regulations at a restricted business establishment, or used total of KRW 22 cases 1,137,00 for purposes other than business purposes, such as using them on Saturdays, Sundays and holidays without business trips,” and notified the Plaintiff of the fact that the said disciplinary action was decided on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 3 (including each number), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. Since the Defendant’s defense prior to the merits had already been enforced on September 10, 2018 and the period of disciplinary action has already expired, the instant lawsuit disputing the invalidation of the instant disciplinary action is unlawful as there is no benefit of confirmation.

B. Although a lawsuit for confirmation of judgment is permitted to eliminate risks or apprehensions in relation to the current rights or legal status, if it is recognized that the current rights or legal status has been affected even in the past legal relations, and that the confirmation of the legal relations is valid and appropriate means to eliminate risks or apprehensions in the present rights or legal status, there is benefit in confirmation.

(see, e.g., Supreme Court Decision 2010Da36407, Oct. 14, 2010). As of the date of closing argument in the instant case, recognition of the fact that the period of the instant disciplinary action against the Plaintiff has expired, which is apparent in fact and is likely to cause disadvantages to the Plaintiff due to the said disciplinary action.