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(영문) 울산지방법원 2017.06.14 2016가합2136

해고무효확인 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The parties’ relevant Defendant (hereinafter “Defendant Company”) is a company engaged in shipbuilding and repair sales, manufacturing and selling industrial machinery, manufacturing and selling vessel parts and steel appliances at a factory located in Ulsan-gu Defense Headquarters 1000, Ulsan-gu, Ulsan-gu, 1000. On December 21, 1987, the Plaintiff is a person dismissed by the Defendant on August 2, 2016, who entered the Defendant Company and worked in the Grade V of the AB assembly5 on December 21, 1987.

Around May 2016, Defendant Company, including division companies and personnel orders, decided to divide the fields of equipment support and production support business into a separate corporation called Hyundai Heavy Industries Co., Ltd. (hereinafter referred to as “Modern Heavy Industries Co., Ltd.”), with a view to strengthening the competitiveness of the company (hereinafter referred to as “the division of this case”) and on August 1, 2016.

From June 9, 2016, Defendant Company explained the process of division to the employees of the company subject to division, and on the same day, notified this fact to the Hyundai Heavy Industries Trade Union, which is the labor union of Defendant Company.

Since then, the defendant company confirmed that the number of workers to be divided into modern mothers consented to the transfer of modern mothers. On September 12, 2016, workers with approximately approximately 60% of the total members at the time agreed to the transfer of modern mothers, and workers with approximately 40% of the rest of about 40% of the total members did not consent to the transfer.

Accordingly, in order to assign new duties to workers who do not consent to the transfer of occupation, the defendant company issued personnel standby and provided education for the reallocation of duties as follows:

(hereinafter referred to as “occupational Education”). A notice of performance of duties on July 13, 2016, 201, 19 July 69, 2016, 2017, 2016, 200. (54 persons on July 6, 2016, 2016, 54 persons on July 81, 2016 (27 persons on July 12, 2016, 201) on July 94, 2016 (54 persons on July 25, 2016, 40 persons on July 25, 2016). < Amended by Presidential Decree No. 27374, Aug. 130, 2016>