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(영문) 서울고등법원 2019.02.15 2018나2034962

전직 및 해고 무효확인 등 청구의 소

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1. Of the judgment of the court of first instance, the part against the Plaintiff, which is confirmed below and ordered to pay.

Reasons

1. Basic facts

A. The defendant is a corporation whose purpose is to produce and sell game programs.

On July 28, 2014, the Plaintiff was employed by the Defendant and served as the team leader of the Art Team from the beginning of 2015.

B. On July 28, 2017, the Plaintiff demanded a meeting with C, the representative director of the Defendant, to improve the treatment of directors, such as promotion of directors and annual salary increases. Accordingly, C is difficult to promote the Plaintiff. In the event that C does not accept the Plaintiff’s demand under the Plaintiff’s annual salary, C asked the Plaintiff whether the Plaintiff can play a proper role as an agent, and the Plaintiff asked the Plaintiff “I will go to the situation,” and C said that “I will think the Plaintiff about the annual salary at the end of the week.”

C. On July 31, 2017, C, the representative director of the Defendant, could not receive a demand on the annual salary from the Plaintiff. The Plaintiff demanded that “The Plaintiff, as the Plaintiff remains dissatisfied with personnel affairs and annual salary, it is inappropriate to perform the role as the head of the Art team with a manager. Therefore, it would be changed to the members of the Art Team.”

Accordingly, the Plaintiff told C to the effect that “I will retire from office. I will retire from office.”

Then, C, while having to think of the work related to the transfer and takeover of business (from August 1, 2017 to February 2, 201), instructed C, during this framework, to be a female, and the Plaintiff used the annual leave during this period.

During the Plaintiff’s leave period, the Defendant publicly announced the purport that “the Plaintiff voluntarily retired from the company”, and entered the name of the Plaintiff in G at the organization of August 1, 2017, and entered the team leader of the Art Team in G while taking measures to block the Plaintiff’s access to the work program.

The plaintiff shall complete his annual leave.