1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On November 1, 2003, the Plaintiff passed a leave of absence at B University Law School around December 201, 201 while working for the Defendant Company, and applied for leave of absence to the Defendant Company on February 14, 201, but the legal team leader, who is the Plaintiff’s team, returned the application.

B. Accordingly, the Plaintiff was present at the pertinent professional law school by March 30, 201, using the physical leave and annual leave until March 30, 2011. On March 28, 2011, the Plaintiff submitted to the Defendant Company an application for leave of absence on the ground that the Defendant Company was “at the graduate school of law” and “at the bar examination” from March 31, 2011 to March 30, 2014, but the Defendant Company rejected the said application for leave of absence due to lack of human resources.

(B) The Defendant Company notified three employees who passed the law school, including the Plaintiff, etc. of the absence of the above application for leave of absence, and one of them was withdrawn from the Defendant Company, and one of them was waived from entering the law school).

The plaintiff did not continue to work until March 30, 201, even though he/she used a given leave to himself/herself.

Accordingly, the Defendant Company sent a notice of attendance to the Plaintiff on April 27, 201, but returned the said notice to the Plaintiff due to the absence of closure, the Defendant Company held a personnel committee on May 12, 2011 and decided ex officio dismissal of the Plaintiff on the ground of absence from office for at least ten days, and deducted the Plaintiff’s salary from March 31, 201 to May 18, 201 by reducing one half of the daily salary per day of absence from office from March 31, 2011 to May 18, 201 in accordance with the wage regulations that reduces one-half of the daily salary per day of absence from office from May 201.

The defendant company is in accordance with the rules on retirement benefits and accident compensation of the defendant company and the rules on the implementation of the rules on benefits that provide the method of calculating the average wage in accordance with delegation of Article 7(4) of the above rules, based on the three-month benefits (including the reduced benefits as above) from February 19, 2011 to May 18, 201, which are three months before the plaintiff's retirement.