부당해고재심판정취소소송 판결과 해고무효확인소송 판결 간의 모순된 판단의 방지

I made the research about the solution of the contradiction between the decision for the withdrawal claim of the reexamination and the decision in the declatory litigation for nullity of the dismissal on the remedy for the dismissal. On both lawsuits the violation of the Labour Standards Act Article 23. ① is reviewed about same dismissal case. Because their procedures are different each other, sometimes happens the contradiction between the two decisions. The concerned labours, however, can't accept results like this. In order to avoid this kind of the inconsistency, I think, the later trial has to respect the formerly settled judgement. To deny the need for remedy or sue in the following action or to acknowledge the high probative force of evidence for the previous decision can be the method for solution.