부당전직구제재심판정취소
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.
The details of the Plaintiff’s business and the number of regular workers engaged in the business of manufacturing automobiles and other passenger cars on February 19, 1991, which was 4,300 on May 19, 1991, the previous details of the B system research team (office) for the purchase of inside and outside parts of the B system research team (office) on March 1, 2013 (hereinafter “the transfer of this case”) of the Plaintiff’s business on March 1, 2013 (hereinafter “the transfer of this case”). The order is issued on July 9, 2013, the date of the first instance trial (KK Regional Labor Relations Commission).
1. Disposition to change the position of this case is unfair.
2. The reason for determining an amount equivalent to normal wage for the original and the period of the transfer of occupation is greater than the necessity of the transfer of occupation, and the Intervenor did not undergo the procedures for faithful consultation, etc.
On October 18, 2013, the date of the decision on the review of this case is set as the first inquiry court for the decision dismissing the application for review of this case on October 18, 2013.
In order to overcome the legitimate argument of the decision on reexamination of the retrial of this case by the overall purport of the arguments, the personnel regulations newly establish business offices and to change occupational groups, in order to overcome the depression of vehicle sales by the plaintiff, there is no dispute over the human nature, Gap evidence No. 1, Gap evidence No. 37-1, 2, and the purport of the entire argument.
Although it was intended to recruit the number of employees through intra-company recruitment, the transfer of this case was made for the purpose of utilizing the human resources of participants, etc., who were low-income earners at the time of lack of applicants.
Therefore, the transfer disposition of this case is recognized as an occupational necessity.
The participants are guaranteed basic pay. The monthly average of 2.1 vehicles (which are lower than the sales performance of the office employees retired and employed as the agency employees) are similar to the former salary level.
The plaintiff conducted a 4-day basic education for the adaptation of the intervenor's work, added a 5-day special education for the intervenor, and the placement was also the most favorable for the intervenor in consideration of his/her residence, etc.
Therefore, the intervenors following the transfer of the instant case are participants.