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(영문) 수원지방법원 2019.04.17 2018가합23301

청구이의

Text

1. The Defendant’s protocol of compromise against the Plaintiff is based on July 27, 2012, the Gyeonggi Regional Labor Relations Commission of the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 1, 2, 13, and 16, and purport of the whole pleadings);

A. The Plaintiff’s head office in Incheon, and the substance of the sports main office in the Suwon is the branch office, or as indicated by the parties.

A company that issues and sells “C” with “C,” and the Defendant was employed as the head of the social department of the Gyeonggi-do branch office on December 1, 2009.

B. On June 5, 2012, the Defendant, while serving in Suwon-si, was subject to a transfer order as the head of the department in charge of the Gyeonggi-do Empical and Empical area, applied for unfair transfer relief to the Gyeonggi Regional Labor Relations Commission (Game 2012.766).

1. The defendant shall withdraw the case without any condition.

2. The Plaintiff shall issue a transfer order to the head of the Plaintiff’s sports head office by December 31, 2012.

3. The Parties shall not raise any objection to civil, criminal and administrative matters in connection with this case (change of position) in the future.

On July 27, 2012, the Plaintiff and the Defendant drafted a compromise and a protocol of compromise as follows (hereinafter “instant protocol of compromise”).

1. The plaintiff must, within 21 days from the date of receipt of the decision of this case, issue a transfer order to the position of the head of the sports department of the plaintiff.

2. In a case where the Plaintiff did not perform the obligation under paragraph (1), the Plaintiff shall pay to the Defendant KRW 200,000 per day from the Do of the period specified in paragraph (1) to the completion of the performance.

C. On July 15, 2013, the Defendant filed an indirect compulsory enforcement against the Plaintiff regarding the Plaintiff’s obligation to issue a transfer order according to the instant protocol of conciliation (U.S. District Court D). On October 10, 2013, the said court rendered a decision of indirect compulsory enforcement as follows. The said decision became final and conclusive on October 24, 2013.

On October 21, 2013, 2013, the first letter of personnel appointment of the sports head office of the sports head office on October 28, 2013, the second letter of editing head office of the sports head office of the sports head office on October 28, 2013, the third letter of department in the area of Sungnam, which belongs to the second letter of society head office of the sports head office on April 22, 2014. < Amended by Presidential Decree No. 25780, Nov. 27, 2014>