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(영문) 서울고등법원 2016.11.30 2016나2019112

전보발령무효확인등

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1. All appeals filed by Plaintiffs F, G, L, M, N, andO and appeals filed by the Defendant against the remainder of the Plaintiffs are dismissed.

2. Plaintiffs F, and F.

Reasons

The reasoning of the judgment of the court of first instance is as follows, except where both parties add the following judgments as to the matters asserted again in the court of first instance, and thus, they refer to the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

In addition, the plaintiffs' disadvantage in the defendant's argument in the trial of the political party, ① the defendant's disadvantage in the personnel management regulations divided the types of occupation into reporters' PDians and broadcasting management, ② the plaintiffs entered the defendant through an open competitive examination measuring the employment announcement and screening procedure classified by types of occupation, expertise necessary for the duties in charge, and entered the defendant as reporters or PD, ③ the fact that the plaintiffs had worked as reporters or PD for a period of two to one hundred and twenty years, ③ the fact that the plaintiffs' personnel records already contain the occupational categories at the time of entry.

In light of this, the plaintiffs are expected to have continued to work as reporters or PD unless there are any special reasons in the future, and it is reasonable to view that there are reasonable grounds to believe that there exists a reasonable reason.

In regard to this, the defendant asserts that the "occupational or occupational disadvantage", which is subject to the plaintiffs' work experience as a reporter or PD, is not an element to consider in determining the validity of the transfer order, and that there is no difference in the plaintiffs' wages or commuting hours, and there is no living disadvantage.

However, occupation is a means of realizing a child and participating in a single member of society, rather than a mere means of withdrawing money, and “whether a person can display his/her own ability and develop his/her career much” is an important standard of choosing an occupation along with wages.

The important factor is that the plaintiffs' self-help as a journalist can be realized and developed career by engaging in news gathering or broadcasting program production.