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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.
Reasons
1. Details of the decision on retrial;
A. The Plaintiff is a company that was established on August 11, 2004 and ordinarily employs not less than 1,000 workers and engaged in the development and sale of tourist products and the sale of food and beverage sales business related to railroads.
On November 21, 2008, the intervenor joined the plaintiff company and worked as a selling crew member (referring to an employee who conducts sales in the train) at the Busan Branch of the Work Headquarters (hereinafter referred to as the "Branch") of the Busan Branch of the Work Headquarters (hereinafter referred to as the "Branch Branch" in this case).
B. On March 2013, the Plaintiff implemented the “Operational Plan for the Death Death Awarding System” in 2013 (hereinafter “Sitution Plan”).
According to the award plan, the sales crew for each branch office of each quarter calculated the rate of achievement of individual sales, and the sales performance low-income earners belonging to the lower 5% were required to conduct special management.
In addition, the content of special management stated that "the conversion placement shall be carried out within 15 days for the low-quality seller of sales performance."
C. Around July 1, 2013, the Plaintiff compiled the sales performance of sales crew members in the second quarter of 2013, and the Intervenor fell under 49, etc. from among 50 sales crew members belonging to Busan branch office.
Accordingly, the intervenor was selected as a winner of sales performance according to the award plan. D.
On December 27, 2013, the Plaintiff issued a personnel order to transfer the Intervenor to Seoul branch office on January 1, 2014 (hereinafter “instant transfer order”) on the ground that the Intervenor was selected as a low-level supervisor for sales performance in the second quarter of 2013.
The Intervenor claimed that the instant transfer order was improper and requested the Plaintiff to withdraw it, and the Intervenor did not attend the company continuously since January 1, 2014, except for the attendance at Busan Branch on January 3 and 4, 2014.
E. On February 3, 2014, the Plaintiff’s disciplinary action against the Intervenor on February 7, 2014.