1. The instant lawsuit shall be dismissed.

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

An intervenor in the process of the decision on reexamination is a company which is established on May 11, 2006 and is engaged in the operation of parking lots and service management business using 50 full-time workers.

On July 28, 2016, the Plaintiff asserted to the Busan Regional Labor Relations Commission that “the Plaintiff was employed by the Intervenor on December 18, 2015 and served in the B Hospital parking lot managed by the Intervenor, and was subject to unfair dismissal from the Intervenor on May 31, 2016.” However, the Busan Regional Labor Relations Commission dismissed the Plaintiff’s request for remedy on the ground that the benefit of the Intervenor was extinguished by the order of reinstatement to the Plaintiff on September 19, 2016.

(B) On October 19, 2016, the Plaintiff, who was dissatisfied with the aforementioned initial inquiry tribunal, filed an application for reexamination with the National Labor Relations Commission on October 19, 2016, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on January 19, 2017.

(Central 2016 Sub-Appellant 1160, hereinafter “instant decision on reexamination”). [The grounds for recognition] did not dispute, each entry in Evidence A 1 and 2, Evidence A 6-1, and whether the entire purport of the instant lawsuit is lawful or not, ex officio, as to the legitimacy of the instant lawsuit.

If a worker withdraws a disposition of dismissal and restores his/her worker while disputing the validity of the disposition of dismissal by filing an application for unfair dismissal, the worker shall be deemed to have no longer a need to maintain the procedure for remedy as the subject matter for remedy is realized by the reinstatement, and thus, the benefit of remedy shall be extinguished (see Supreme Court Decision 2000Du7186, Feb. 8, 2002). It is reasonable to view that there is no benefit of lawsuit in dispute over the decision of reexamination made by the National Labor Relations Commission which did not accept the application for remedy.

Meanwhile, even if it is necessary to receive wages during the period of dismissal, it can be claimed as invalid dismissal through civil litigation, such as wage claim lawsuit, and thus, it is possible to seek relief.