1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Defendant Union was established on March 6, 2015 for the purpose of enhancing the welfare of its members, and C was appointed as the chief director.

On August 1, 2015, the Defendant Cooperative received an order for the business of collecting domestic wastes from the emulation city, and thereafter implemented the project after receiving an order for the cleaning project of street trees.

B. From March 6, 2015, the Plaintiff, as the head of the management department or the head of the general management team, has overall control over the administrative affairs of the Defendant Union.

C on November 15, 2016, the Plaintiff’s assignment to the position was changed to “aro- trees cleaning agent.”

(hereinafter “instant transfer disposition”). C.

The term of the labor contract between the plaintiff and the defendant union was terminated on December 31, 2016.

Defendant Union did not pay the Plaintiff’s benefits from November 16, 2016 to December 31, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 21 through 23, Eul evidence No. 1 (including evidence attached with a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that “the instant transfer disposition in which the Plaintiff’s assignment of position is changed from the management department to the street cleaners is null and void, and the Defendant Union still bears the duty to pay wages.

From November 16, 2016 to December 31, 2016, the Defendant Union is obligated to pay the Plaintiff’s total amount of unpaid wages, KRW 6,126,285, and delay damages.

B. As long as the Plaintiff asserted by the Defendant Union did not perform the duty of street cleaners during the pertinent period, the Defendant Union does not bear the duty of paying wages to the Plaintiff.

3. Determination

A. Article 23(1) of the Labor Standards Act provides that “An employer shall not dismiss, suspend, transfer, reduce, or take other disciplinary action against an employee without good cause.”

Although the discretion has been granted to an employer who is a personnel authority, it is invalid if the compensatory measure against an employee violates the Labor Standards Act or constitutes an abuse of rights.

The term "transfer disposition" constitutes abuse of rights.