1. The Defendant’s KRW 50,709,00 for the Plaintiff and its related KRW 5% per annum from August 27, 2015 to April 29, 2016.

Basic Facts

A. The Plaintiff was in office as C University Tourism English and assistant professor operated by the Defendant, and was dismissed on August 14, 2013 (hereinafter “instant dismissal”).

B. On August 21, 2014, the Plaintiff asserted that the instant dismissal is null and void, and filed a lawsuit against the Defendant ( Jeju District Court Decision 2013Gahap2708), and was sentenced to a judgment on August 21, 2014, stating that “the instant dismissal is null and void,” on the ground that the instant dismissal abused the disciplinary discretion (hereinafter “related judgment”).

The appeal and appeal filed by the defendant against the above judgment were all dismissed, and the above judgment became final and conclusive as it is, and the plaintiff was reinstated to the defendant around June 2015 according to the above judgment.

C. Meanwhile, in the process of dismissing the Plaintiff, the Defendant had gone through the board of directors pursuant to the provisions requiring a resolution of the board of directors of the corporation, and posted the meeting minutes of the board of directors (hereinafter “instant meeting minutes”) on the school website for three months.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, plaintiff's assertion of the purport of whole pleadings

A. Since the instant dismissal is null and void, the Defendant is obligated to pay to the Plaintiff all wages and delay damages that could have been received if he/she continued to work for the Plaintiff from August 14, 2013 to September 1, 2014, for which he/she received wages due to the suspension of validity of the dismissal disposition.

B. In addition, the Defendant has a duty to compensate the Plaintiff for damages equivalent to KRW 20,000,000 as consolation money, since the minutes of the board of directors containing false facts and exaggerations with respect to the disciplinary action against the Plaintiff were posted on the Defendant’s website for a long time without any anonymous treatment.

When a dismissal disposition against an employee of the legal principles related to the determination of the claim for wages is null and void or cancelled, the employment relationship is still in force, but the worker's failure to provide labor is unfair.