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(영문) 서울고등법원 2015.03.13 2014누45538
부당전보구제재심판정취소
Text

1. Revocation of a judgment of the first instance;

2. The National Labor Relations Commission between the Plaintiff and the Intervenor on March 14, 2013.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a legal entity that employs 580 full-time workers and engages in the business of maintaining and managing facilities. The Plaintiff is a person who joined the Intervenor company on March 1, 2008 and served as security guards at the place of business of the Hanyang University.

B. On June 28, 2012, the Plaintiff notified the Intervenor on July 31, 2012 that the term of the labor contract expires between the Plaintiff and the Intervenor (hereinafter “instant notification of the expiration”). The Intervenor asserted that the instant notification of the expiration is unfair and filed an application for unfair dismissal remedy with the Seoul Regional Labor Relations Commission. The Seoul Regional Labor Relations Commission determined that the instant notification of the expiration was unfair and that the said notification was unfair, and ordered the Intervenor to reinstate the Plaintiff.

C. On October 10, 2012, the Intervenor ordered the Plaintiff to be reinstated as security guards of Yongsan-gu Seoul Metropolitan Government B (hereinafter “B business office”) from October 13, 2012 to the Plaintiff.

(hereinafter “instant reinstatement order”). D.

On October 19, 2012, the Plaintiff asserted that the instant order of reinstatement was unfair transfer, and filed an application for unfair transfer remedy with the Seoul Regional Labor Relations Commission. On December 14, 2012, the Seoul Regional Labor Relations Commission rejected the Plaintiff’s application on the ground that the instant order of reinstatement was a legitimate personnel order.

On December 31, 2012, the Plaintiff dissatisfied with the initial inquiry court, filed an application for reexamination of unfair transfer relief with the National Labor Relations Commission, and the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on March 14, 2013.

(hereinafter referred to as “instant decision on reexamination”). [Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings.

2. Whether the decision on the retrial of this case is lawful

A. The plaintiff's assertion that the plaintiff 1 intervenor ordered the plaintiff to be reinstated, and the plaintiff had already been ordered to work at the B business place, other than the business place of the Hanyang University, which was employed by the plaintiff. Thus, the order of reinstatement of this case is ordered.

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