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(영문) 부산지방법원 2016.06.16 2014가합17537

해고무효확인 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 12, 1983, Plaintiff A was transferred to E Co., Ltd. and was employed on September 1, 2005 while working for Plaintiff A on September 1, 2005, and was dismissed on September 4, 2014 while Plaintiff B was employed for F Co., Ltd. and was transferred to G Co., Ltd. and succeeded to F Co., Ltd. on March 11, 1991 while Plaintiff B was transferred to H Co., Ltd., which succeeded to G Co., Ltd., and was dismissed on September 4, 201, while Plaintiff B was employed for the Defendant.

B. E Co., Ltd. was to be the I Co., Ltd. on February 28, 201, and on December 2, 2013, the name of the Defendant was changed through a merger.

(hereinafter referred to as “Defendant” in this context. C.

When the defendant suffered financial loss, he decided to terminate the contract for the work of the J as part of the restructuring to reduce it, and to convert part of the work to the work of the J as part of the restructuring.

On July 27, 2012, the defendant recruited in-house job transition, but issued the plaintiff A et al. who is the lowest level of assessment for each individual on the job site by reflecting the personnel situation and department of the applicant, etc., and the plaintiff A et al. was assigned to work at the transferred work site.

The Defendant announced the first desired retirement to his employees from June 30, 2014 to July 4, 2014, and the second desired retirement from July 21, 2014 to July 28, 2014.

Accordingly, the defendant's 11 workers, 4 workers on the job, and 9 workers on the job were applied for voluntary retirement.

E. The Defendant, after selecting a person subject to restructuring, publicly announced that he/she additionally received a desired retirement for a worker who did not apply for a desired retirement among those subject to restructuring, but the Plaintiffs did not comply therewith.

F. On August 4, 2014, the Defendant issued a prior notice of dismissal to the Plaintiffs, including the following.