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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 17, 2014, the Plaintiff was employed by the Defendant and worked under the Defendant’s design team.
B. On July 23, 2015, the Defendant revoked the employment of the Plaintiff on the ground that the Plaintiff intentionally omitted the career experience of C in the curriculum vitae submitted by the Plaintiff at the time of entry (hereinafter “instant revocation of employment”).
C. On October 20, 2015, the Plaintiff filed an application for remedy with the Busan Regional Labor Relations Commission. However, the Busan Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on the ground that “the Plaintiff failed to correct it despite having requested the Plaintiff to submit or correct the reasons for the application at least twice” on December 15, 2015, and the Plaintiff filed an application for remedy with the National Labor Relations Commission on February 26, 2016. However, the National Labor Relations Commission rejected the Plaintiff’s application for reexamination on the same purport on May 9, 2016.
On September 14, 2017, the Seoul Administrative Court rendered a judgment revoking the above decision of retrial on the ground that the rejection of the plaintiff's application for reexamination was unlawful (Seoul Administrative Court No. 2016Guhap68922), and the above decision became final and conclusive as it became final and conclusive due to the lack of objection by the parties concerned.
E. In accordance with the purport of the above final judgment, the National Labor Relations Commission re-examines whether the revocation of the recruitment of this case constitutes unfair dismissal, and rendered a decision to dismiss the Plaintiff’s application for reexamination on December 27, 2017.
F. The part of the Defendant’s employment rules (hereinafter “instant employment rules”) related to the instant case is as follows.
Article 13 (Documents Required for Employment) (1) A person employed shall submit the following documents requested by the company within ten days from the date of employment:
Provided, That part of the company's approval may be omitted for the company.