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(영문) 의정부지방법원 2020.04.23 2019나203454

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Defendant Company was established for the purpose of model entertainment business, entertainment business, etc. on September 15, 2010, and was engaged in an entertainment business, and discovered an artist, and supported and managed as a successful bidder for that purpose.

Defendant I is the representative director of the defendant company, and the plaintiff is a person who joined the defendant company on July 10, 2017 and has worked as the head of the business headquarters.

B. On December 21, 2017, the Plaintiff received notice of dismissal from the Defendants as Kakakao Stockholm messages (hereinafter “instant primary dismissal”). On March 13, 2018, the Plaintiff filed an application for unfair dismissal with the Seoul Regional Labor Relations Commission for remedy against the instant primary dismissal.

C. On April 5, 2018 and November 11, 2018, Defendant Company notified the Plaintiff that the Plaintiff will be reinstated to work on April 16, 2018.

The Plaintiff returned on April 16, 2018 (hereinafter “instant reinstatement”), but the Defendants instructed the Plaintiff to take charge of the development of the Strategic Planning Division’s profit model, not the former head of the headquarters.

(hereinafter “instant transfer order”) e.

On May 9, 2018, the Seoul Regional Labor Relations Commission had already filed an application for remedy against the first dismissal.

As stated in paragraph (1), reinstatement was made and dismissed on the ground that there was no benefit in relief, and on June 12, 2018, the plaintiff appealed and filed an application for reexamination (F) with the National Labor Relations Commission on August 16, 2018, but was dismissed on August 16, 2018, and the plaintiff again filed a lawsuit seeking cancellation of the adjudication tribunal on relief from unfair dismissal (2018Guhap79735) with the Seoul Administrative Court, but was dismissed on May 10, 2019.

(F) On June 15, 2018, the Plaintiff filed an application for remedy of unfair change of position with the Seoul Regional Labor Relations Commission by asserting that the transfer order of this case was improper.

G. On July 4, 2018, Defendant Company opened a personnel committee and deliberated on disciplinary action against the Plaintiff for the following reasons while the Plaintiff was present at the meeting. The Plaintiff is the Plaintiff.