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(영문) 대전고등법원 2020.02.05 2019나13450

징계무효확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this case is to supplement the first instance judgment as set forth in the following Paragraph 2, and except for the dismissal as set forth in Paragraph 3, it is identical to the reasoning of the first instance judgment. Thus, it is to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. Supplement of judgment (Aggravated Punishment for Acts during the period from August 31, 2012 to December 15, 2014)

A. In principle, the transfer of workers to another company that is a separate company from the company to which he/she is employed to be engaged in the business of the other company shall take effect upon the consent of workers. However, in the case of a transfer between the affiliated companies of various types of business and type of business to a certain extent in the composition, business activities, etc. of capital officers, and between the affiliated companies of the company that conducts economic activities, the company is specified in advance, and the company has obtained prior consent by specifying the basic working conditions, such as the matters concerning the duties to be engaged in in the business, or the practice of transferring workers to another affiliated company without the consent of workers within the company group is a practice of transferring workers to another affiliated company without the consent of workers, and such practice is naturally approved as a normative fact regulating labor relations within the company or is established as a de facto system within the company, and thus, the contents of the labor contract can be transferred to another affiliated company without the consent of workers.

In addition, such a transfer is effective as it concludes a new employment contract between the previous company and the company to be transferred to another company.