logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.03.09 2016구합70581
부당전보구제재심판정취소
Text

1. On June 16, 2016, the National Labor Relations Commission rendered an unfair transfer between the Plaintiff and the Defendant joining the Defendant, which would be unfair in turn.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a juristic person that has been established pursuant to the organizational law and employs 3,200 full-time workers and operates 14 branches, D Hospital, etc. (hereinafter “instant hospital”), 21 E, etc. nationwide.

B. On December 1, 2015, the Intervenor Intervenor B and C (hereinafter “ Intervenor”) entered the Plaintiff as a nurse and worked in the Department of Original Affairs of the instant hospital, and the Intervenor B was assigned to a clinical nurse in the Department of Nursing as of December 1, 2015 (hereinafter “instant transfer order”), and the Intervenor B was assigned to the Six Soldiers-dong, and the Intervenor B was assigned to the Department of Nursing.

C. On December 23, 2015, the Intervenor asserted that the instant transfer order constitutes an unfair transfer and filed an application for remedy with the Seoul Regional Labor Relations Commission (Seoul Regional Labor Relations Commission) by KRW 2015,3175.

Accordingly, on March 15, 2016, the Seoul Regional Labor Relations Commission rendered a decision to dismiss the Intervenor’s application for remedy on the ground that the instant transfer order cannot be deemed unfair on the ground that the Plaintiff’s extension of beds of the patient room of the instant hospital and additional placement of one nurse is an exercise of its own management right and it is clear that the benefit structure can be expected to be improved if one nurse is recruited in the general ward and ward. The Intervenor’s work experience as a clinical nurse and is not a region of transition, and thus there does not occur any problem of commuting or moving to and from work. As such, it cannot be deemed that the disadvantage in life due to the instant transfer order goes beyond the level of ordinarily required to be borne, and there was no internal regulation or practice that requires the employees’ consent in the transfer order, and therefore there was no internal regulation or practice that requires the employees’ consent in the transfer order.

On April 5, 2016, the intervenors filed an application for review of the said first inquiry tribunal with the National Labor Relations Commission No. 2016Da357.

Accordingly, the National Labor Relations Commission on June 16, 2016.

arrow