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(영문) 서울남부지방법원 2016.03.18 2015가합106531

해고무효확인

Text

1. The defendant shall pay to the plaintiff KRW 114,342,070.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On March 28, 1994, the Plaintiff was appointed as the chief of the general affairs division of the Defendant Company, and was promoted to the management department thereafter. On May 1, 2006, the Plaintiff was temporarily temporarily dismissed from office from October 19, 201 to April 201 for the treatment of franking cancer while serving as the chief of the housing project department. The Defendant Company is a stock company established on March 23, 1989 for the purpose of housing construction, building material sales, real estate lease, etc.

B. The rules of employment and personnel regulations of the defendant company related to the instant case are as follows.

◎ 취업규칙 제50조(복직) ① 휴직 중에 휴직사유가 소멸되거나 휴직기간이 종료된 경우에는 그 날로부터 15일 이내에 복직원을 제출하여야 한다.

(2) Where a person temporarily laid off fails to submit a reinstatement within the period referred to in the preceding paragraph, he/she may be treated as retirement.

◎ 인사규정 제25조(파견) 회사의 업무수행상 필요할 때에는 특정직원으로 하여금 다른 부서 또는 현장에 일시 파견근무하도록 발령할 수 있다.

Article 26 (Transfers) If necessary for the performance of duties or if necessary for the efficient utilization of human resources due to the placement of loaded places, the company may order the transfer.

C. After the leave of absence of sick leave, the Plaintiff was present at the Defendant Company only from December 2, 2013 to December 24, 2013. As of the date of the closing of the instant argument, the Plaintiff is serving in the Defendant Company as of the date of the closing of the argument.

[Reasons for Recognition] The facts without dispute, Gap 1 through 5, 7, Eul 1, 2 (including various numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On April 25, 2011, the Plaintiff asserted that the Defendant requested the Defendant to reinstate. The Defendant unduly refused the Plaintiff’s request for reinstatement, while the Defendant unfairly ordered the Plaintiff to transfer to the site of the construction of the main complex in Ulsan C (hereinafter “Ulsan C site”), etc., and prevented the Plaintiff from providing labor.

Therefore, the defendant company's refusal to reinstate to the plaintiff.