1. The plaintiff's claim is dismissed.

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

The plaintiff is serving as a salesperson in the clothing store operated by the defendant joining the defendant (hereinafter referred to as "participating") from September 16, 2015, as the plaintiff in the course of the decision on retrial.

A person whose employment relationship was terminated on August 7, 2016.

On September 29, 2016, the Plaintiff asserted that the Intervenor was subject to unfair dismissal from the Intervenor and filed an application for remedy with the Chungcheong Regional Labor Relations Commission. On November 25, 2016, the Chungcheong Regional Labor Relations Commission rejected the Plaintiff’s application for remedy on the ground that the Intervenor’s regular number of workers is less than five.

(J) On December 2, 2016, the National Labor Relations Commission dismissed the Plaintiff’s request for reexamination on March 8, 2017.

(The plaintiff's assertion as to the legitimacy of the ruling on reexamination of this case is a place of business with six regular workers, and the plaintiff's receipt of a notice of dismissal due to his/her subordinate leave constitutes an unfair dismissal. (The ground for recognition is attached to the letter Nos. 1 and 2 of this case, and the whole purport of the ruling on reexamination of this case is that the number of regular workers is six.)

Therefore, even though the intervenor was obligated to compensate the Plaintiff in lieu of the re-employment in the original position, the re-adjudication of this case is unlawful on a different premise.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

In view of the overall purport of the arguments in the above evidence, evidence Nos. 3, 5 through 7, 9, evidence Nos. 1 through 8, and evidence Nos. 1 and 3, the following facts are acknowledged.

The name of workers not exceeding the name of the workplace and the name of the workplace shall be omitted.

Workers C/D (hereinafter referred to as “business place ①”) workers ① E Workers ② F G H (hereinafter referred to as “business place ②”), Plaintiff I J (hereinafter referred to as “business place ②”) workers ③ K Workers No. K Workers’ D Construction Business (hereinafter referred to as “No.S. business place”) (hereinafter referred to as “No.S. business place”) and N Intervenor’s respective business registration names and clothing retail stores operated by the Intervenor.