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(영문) 대구고등법원 2014.08.27 2013나1038
임금
Text

1. The judgment of the first instance, including a claim or expanded by exchange in the trial and an additional claim.

Reasons

1. Basic facts

A. Defendant R was a company that 14 sectors, including the protection and railroad maintenance, etc., for the purpose of improving human resources structure from around 2004 to 2005. Defendant R was a security service company that was established on March 7, 2005 to enter into a security service contract between Defendant R and a security service company for the purpose of improving human resources structure.

The former Plaintiffs, while serving as an employee of the Defendant R, retired from the Defendant R by responding to the above Agling Policy, and immediately retired from office on May 1, 2005. The Plaintiff P is a worker who joined the Defendant S on January 27, 2007 and worked for the Defendant S on April 30, 201, and Plaintiff Q is a worker who was employed for the Defendant S on September 16, 2009.

B. Although Defendant R puts a high level of performance in the short term in around 2004, in the long term, it was anticipated that it would have a difficulty in lowering the external competitiveness, Defendant R concentrated on the core areas as much as possible, and the remaining fields are the specialized specialized companies.

As a result, Defendant R, at the first stage, has 5 fields (such as protection, railroad maintenance, tin boards, labor welfare and education, and open space facilities) in 2005, and 9 fields (such as rolling, water treatment, etc.) in 2006. In the second stage, Defendant R decided to entrust work to 11 new companies and 8 existing foreign cooperative companies.

C. On November 18, 2004, Defendant R prepared “the direction and promotion plan to secure the future competitiveness” (Evidence 9). The main contents of Defendant R’s “the promotion plan to ensure the future competitiveness” are as follows.

Ⅳ. Employees subject to support criteria for promoting the licensing: At least 10 years of continuous service (in consideration of human resources structure with low cost of organizing low-speed employees): The scope is limited to the eligible sectors of outsourcing.

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