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(영문) 대전지방법원 2018.02.13 2017구합100467

부당전직등구제재심판정취소

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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.

Reasons

1. Details of the decision on retrial;

A. The intervenor is a company that employs approximately 80 full-time workers to sell motor vehicles (b) and provide A/S services.

B. After becoming a participant company on October 15, 1985, the Plaintiff was transferred to the participant company on January 1, 1993, and served as a management office in Gwangju, Leisure, Cheongju, Cheongcheon, Incheon, and Ansan-si, etc., and served as the managing office at the participant company's net bus sub-branch (hereinafter "Secheon-si sub-branch") from November 1, 2013.

C. From November 1, 2013, the Plaintiff’s annual sales performance compared to the Plaintiff’s sales performance from November 1, 2014 to March 2016 after the occupational classification has been changed to a management business position.

[Bags to be inserted in the table] Model 1/4th quarter (1/2015) of 2014, 2015, target (1/4th quarter) achievement (1/200) achievement (1/10 10 / 40 of route bus 922.22.10 10 / 36.314. 319- - 19/20 30 / 20310 10 36, 20286 46. 2015 small 7568 532 December 6, 2012, 205

D. Around December 31, 2015, the Intervenor given the Plaintiff a sales target for the first quarter of 2016, and notified the Plaintiff to the effect that “The sales performance of the 2015 Net Branch is the lowest among the entire employees in charge of the company. A company may not continuously support the operation of a hub indicating the continuous marina situation while incurring losses in the course of operating the sales hub. Considering the central operating expense, employees’ salary, etc., the necessity of the office of net Incheon Branch is bound to be reviewed. Considering the results of the first quarter of 2016, it is deemed difficult to maintain the sales performance of the net area within a short period, and if it is deemed difficult to repair the sales of the relevant area within a short period, it is inevitable to close, and if closed, the Plaintiff’s request to transfer the sales

E. On January 10, 2016 and February 11, 2016, the Intervenor sent a warning to the Plaintiff as to “influence of actual achievements in 2015” and “influence of actual achievements in January 2016,” and the Plaintiff’s interview on March 23, 2016, based on the fact of actual achievements.