1. The dismissal of the Plaintiff (Counterclaim Defendant) on June 29, 2016 by the Defendant (Counterclaim Defendant) is invalid.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In fact, from August 2010 to October 2015, the Plaintiff was in charge of affairs related to personnel affairs and annual salary system and worked under the management support team of Defendant Corporation for five months from August 2010 to October 2015.

Article 7 (Duty of Good Faith) An employee of the Employment Regulations shall faithfully perform his/her duties in compliance with the statutes and the regulations of the Corporation.

Where an employee under Article 45 (Disciplinary Action) of the Personnel Regulations falls under any of the following cases, he/she shall be subject to disciplinary action after deliberation by the Personnel Committee:

1. Where matters to be observed under Acts, subordinate statutes and regulations are violated;

2. When he violates or neglects his duties;

3. When he commits an act detrimental to the dignity of an employee regardless of his duties.

4. Where he commits an act disturbing the order of service.

5. The criteria for disciplinary action determined under Article 46 of the Enforcement Rule of the Personnel Regulations shall be as shown in the attached Table 9 through 11.

On June 29, 2016, the Defendant violated the Defendant’s duty of good faith under Article 7 of the Employment Regulations on the grounds as stated in the attached Table (hereinafter “instant disciplinary cause”), which constitutes a disciplinary cause under Article 45 of the Defendant’s Personnel Regulations, and removed pursuant to Article 53 of the Enforcement Rule of the Defendant’s Personnel Regulations. The relevant provisions are as follows.

Accordingly, on August 3, 2016, the Plaintiff filed a petition for review with the Defendant’s personnel committee, and the Defendant changed the dismissal disposition to the dismissal disposition for the following reasons (hereinafter “instant disposition”).

The action of the requester (Plaintiff) who stated the reasons for the request for a disciplinary decision is recognized as a fact, and such fact is judged to have been an unlawful or unfair act.

Thus, the act of the claimant for a retrial is in violation of Article 7 (Duty of Good Faith) of the Work Regulations.