1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. From December 22, 2015 to December 25, 2015, the Plaintiff served as a mid-term engineer at the Defendant Company for four days from December 22, 2015.

Section 1.3

1. On March 25, 2016, the applicant C, D, and A (Plaintiff) shall be reinstated to B (Defendant) on March 25, 2016, and the case shall be closed by compromise between the Respondent C, D, and D.

2. The respondent B will re-enter a vehicle which the applicant C, D, and A had worked on the existing job, and the applicant C and D will make a decision by mutual agreement between the parties after the reinstatement of the applicant C and D.

(hereinafter omitted)

B. The Plaintiff asserted that he was subject to unfair dismissal from the Defendant and filed an application for unfair dismissal with C and D, along with C and D, to the Gangwon Regional Labor Relations Commission for unfair dismissal.

[Gangwon 2016 Sub-Appellant 39, 40, 46 (Joint)] The procedure for the relief of the above dismissal was terminated as a compromise in March 24, 2016 (hereinafter “instant compromise,” and “the protocol prepared on the same day,” and the main contents of the protocol of conciliation in this case are as follows.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Gap evidence 5-3, Gap evidence 7-1 through 3, Eul evidence 1-1, Eul evidence 4-1 through 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion ① The Defendant is obligated to pay the amount equivalent to the wages payable to the Plaintiff pursuant to paragraph (2) of the instant protocol of conciliation.

② Even if the Defendant did not have the obligation to pay the amount pursuant to paragraph (2) of the protocol of compromise, the Plaintiff was subject to unfair dismissal from the Defendant on December 25, 2015. Therefore, the Defendant is obligated to pay the Plaintiff the amount equivalent to 8,190,000 won equivalent to the wages from December 25, 2015, the date of dismissal to March 24, 2016, which is the day immediately preceding the date of reinstatement ordered under paragraph (1) of the said protocol of compromise (i.e., daily wage of 90,000 won x 91 days).

B. The fact that the instant protocol of conciliation was prepared to determine the monetary amount based on Paragraph 2 of the instant protocol of conciliation, but the workers are the same.