부당전직 구제재심판정 취소
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.
1. Details of the decision on retrial;
A. The Plaintiff is a corporation that employs approximately 250 full-time workers and engages in the annual marina business, etc.
The plaintiff establishes and operates a factory (hereinafter referred to as "acheon Factory") in Incheon and Jincheon-gun, Incheon, and a factory located in Jincheon-gun (hereinafter referred to as "Jincheon-gun"), and establishes and operates a corporation and a factory in a foreign country, such as China.
There are approximately 140 workers in Incheon Factory and approximately 110 workers in Jincheon Factory.
B. The Intervenor B (hereinafter “B”) entered into an employment contract with the Plaintiff on May 13, 2002 and continued to work in the Incheon Factory.
The Intervenor C (hereinafter referred to as the “C”) entered into a labor contract with the Plaintiff on July 21, 2003 and continued to work in the Jincheon Factory.
C. The Plaintiff is organized by the instant trade union, which is approximately seven members, and approximately 110 members of A new trade union.
B and C entered into an employment contract with the Plaintiff and joined the instant trade union.
On June 14, 2016, the Plaintiff publicly announced a personnel assignment proposal as indicated below.
(2) On June 27, 2016, 2016, hereinafter “the date of personnel management order”). After issuing a letter of personnel management prior to the date of the personnel management order, 〃 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 3 4 4 4 4 3 4 4 4 3 4 4 4 3 for I Jcheon Factory and Incheon Factory to the position of D technical research institute employees E business network team employees in the position belonging to the position under the jurisdiction of D technical research institute.
E. B and C alleged that the instant transfer constitutes an unfair transfer and at the same time constitutes an unfair labor practice, and filed an application for remedy with the Incheon Regional Labor Relations Commission on June 27, 2016.
The Incheon Regional Labor Relations Commission does not recognize the appropriateness and rationality of the transfer of the case on August 23, 2016, and there is a significant disadvantage in the life of B and C, and the plaintiff is required under the principle of good faith and good faith.