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(영문) 대전고등법원 2015.10.15 2015누10412
부당대기발령및부당인사조치구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. On August 1, 197, the Plaintiff was established on August 1, 197, and employs 6,30 full-time workers at the head office in Jongno-gu Seoul Jongno-gu 192-18, and was engaged in civil engineering facilities, plants, affairs, and commercial construction. On June 7, 2004, the Plaintiff entered the Plaintiff as a career-based employee and performed C business in the B Team. On October 1, 201, the Plaintiff was dispatched to the Plaintiff’s affiliate, and returned to the Plaintiff E Team on October 2012.

B. On January 14, 2013, the Plaintiff issued the first standby order from E to E team on the ground that “the occurrence of a long-termless position due to lack of business performance” was “the occurrence of a long-term position due to lack of business performance,” and thereafter extended the period of standby order by April 30, 2013 at the Intervenor’s request (hereinafter “the first standby order”) by January 14, 2013 to April 13, 2013.

(2) On May 7, 2013, the Plaintiff: (a) held a personnel committee to grant a standby order to the Intervenor on the ground that “the results of the previously conducted work transition learning are so poor that it may not be converted into C/S work”; (b) extended one month period (from May 20, 2013 to June 19, 2013); and (c) provided on-site training; and (d) the Intervenor provided the same year.

5. 16. Receipt of notice of decision by the personnel committee

(C) On June 24, 2013, the Plaintiff extended the period of standby to the Intervenor on the ground that the Plaintiff’s performance of standby instruction and performance of duties on May 16, 2013 (hereinafter “instant second standby instruction”) following the resolution of the Personnel Committee, “the results of field practice on the part of the Plaintiff conducted are insufficient to be changed to C/S as of June 24, 2013” (from June 25, 2013 to July 24, 2013), and the Plaintiff was to perform further field practice (hereinafter “instant third standby instruction”), and the Plaintiff was to perform the second standby instruction and practice on June 25, 2013, including the second and third standby order.

(c) The Intervenor’s petition for remedy 1) The Intervenor is the Plaintiff.

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