근로에관한 소송
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The defendant is a juristic person established for the purpose of securities investment business, etc., and the plaintiff was employed by the defendant company on July 1, 199 and served as a vice head of class B at Category C (B).
B. (1) Around January 2014, the Plaintiff proposed a transfer order and dismissal disposition against the Plaintiff to a full-time employee from the Defendant to a full-time employee (a contractual position), but rejected it.
(2) As of May 1, 2014, the Defendant issued a transfer order from C to D points (hereinafter “instant transfer order”).
(3) On May 19, 2014, the Plaintiff filed an application for remedy for unfair transfer with the Busan Labor Relations Commission, and presented to the Defendant the e-mail stating that the Plaintiff was not present at 74 times from September 25, 2014 to January 14, 2015, and that “it is deemed that all acts related to business activities are unfair after unfair transfer, thereby refusing the request for submission of plans, attendance at the business conference, etc.” on January 15, 2015.
(4) On January 8, 2015, the Defendant instructed the Plaintiff to request personnel measures, such as disciplinary action, if he/she neglected to perform his/her duties. However, the Plaintiff’s objection thereto and neglected to perform his/her duties, such as failure to attend the business conference, and the Plaintiff’s business performance (interest) was limited to KRW 419,000 from May 2014 to December 2014.
(5) As of February 6, 2015, the Defendant transferred a disciplinary action to the Personnel Committee on the grounds of “the Plaintiff’s violation of the duty to provide labor, the company’s failure to comply with the direction of the work, the neglect of work, the neglect of work, and the significant poor work performance,” and subsequently dismissed the Plaintiff (hereinafter “instant dismissal disposition”) on February 13, 2015 according to the results of the Personnel Committee.
C. The details of the Defendant’s personnel regulations related to the instant transfer order and dismissal order are as follows.
Article 3 (Order of Personnel Management) (2) The representative director shall determine the personnel affairs of an employee, such as appointment, dismissal, promotion, movement, temporary retirement, reinstatement, and salary.