1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company mainly aimed at the development, manufacture, sale, etc. of products to which ELD applies, and is conducting overseas business by dispatching its presiding official to the United States, Japan, China, and European major countries.

B. On January 17, 2002, the Plaintiff joined the Defendant Company and took charge of domestic and foreign business affairs. On October 31, 2004, the Plaintiff was ordered to be a presiding official at the European AM Team of the Defendant Company, the European General Organization, located in Germany, and was in charge of the business of the European region and customer management of the automobile ELD products.

C. On August 20, 2015, the Disciplinary Committee of the Defendant Company resolved on disciplinary dismissal against the Plaintiff on the same content as attached Table 1, and notified the Plaintiff of disciplinary dismissal on the 27th of the same month.

(hereinafter “Initial Dismissal”) d.

On November 5, 2015, the Plaintiff asserted that such initial dismissal disposition constitutes unfair dismissal, and filed an application for remedy with the Gyeonggi Regional Labor Relations Commission as Gyeonggi District Labor Relations Commission No. 2015da1858, and on January 20, 2016, the Gyeonggi Regional Labor Relations Commission rendered a judgment on January 20, 2016 to reinstate the Plaintiff to his original job (hereinafter “the first determination on reinstatement”).

E. On February 29, 2016, the Defendant Company was dissatisfied with the determination of the first reinstatement, and applied for reexamination to the National Labor Relations Commission by Central 2016Bu234, but the application for reexamination was dismissed on May 30, 2016.

On July 15, 2016, the Defendant Company filed an administrative suit with the Seoul Administrative Court to revoke the decision of reexamination of the Central Labor Relations Commission (2016Guhap69345). However, the Defendant Company’s claim was dismissed on April 27, 2017.

On May 31, 2017, the Defendant Company filed an appeal against the above judgment with the Seoul High Court No. 2017Nu51329, but the said appeal was dismissed on January 19, 2018.

The defendant company appealed to the Supreme Court Decision 2018Du37984.