1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

1. The circumstances leading to the decision on reexamination of this case

A. The intervenor is a social welfare foundation that employs more than 120 full-time workers and engages in the business of establishing and operating rehabilitation facilities for the disabled and the business of providing special education for the disabled. The plaintiff is a person who worked as a swimming instructor at the Csports Center under the intervenor's affiliate from October 1997 to March 11, 1998 and has been employed as a full-time lecturer.

B. On July 14, 2003, the Intervenor ex officio dismissed the Plaintiff on the grounds of the act of arranging in-house illegal medical facilities, the act of arranging in-house medical facilities, the act of unfairly treating the contractual workers, and the act of impairing dignity, abuse of authority, abuse against disabled members, and the act of disturbing the order of workplace.

C. The Plaintiff asserted that the above dismissal is unfair, and applied for remedy to the Gyeonggi Regional Labor Relations Commission, and the Gyeonggi Regional Labor Relations Commission accepted the above remedy.

An intervenor filed a request for reexamination to the defendant, but the request for reexamination was dismissed.

The intervenor filed a lawsuit with the Seoul Administrative Court seeking the revocation of the above review ruling under 2004Guhap8385, but the above court dismissed the claim on July 19, 2005 on the ground that the part concerning the standby order among the above review ruling was revoked, but the dismissal of the claim on the ground that the part concerning ex officio dismissal is deemed to be a disciplinary ground, but is severe.

The Intervenor appealed Seoul High Court 2005Nu18732, but was dismissed. The Intervenor appealed by Supreme Court 2006Du15578, which was dismissed on January 11, 2007.

(hereinafter referred to as “final and conclusive judgment in a prior suit”). The intervenor reinstated the plaintiff on April 9, 2007 according to the above judgment.

On March 19, 2012, the Plaintiff submitted to the intervenors a resignation letter stating that “I themselves have allowed shipping errors due to oil above, I shall be subject to the State time.”

(hereinafter referred to as “instant resignation”). (e)

On April 24, 2012, the Plaintiff filed an application for remedy by asserting that the Intervenor unfairly dismissed the Plaintiff with the Gyeonggi Regional Labor Relations Commission.