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(영문) 서울고등법원 2013.07.24 2012나68806
해고무효확인 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant is a company operating apartment management business, etc., and the Plaintiff joined the Defendant company on January 3, 2005 and served as the head of the management and operation headquarters until September 30, 2005, the head of the management and operation headquarters from October 1, 2005 to December 31, 2009, and the head of the management support team from January 1, 201 to December 31, 2010, respectively. The management support team was abolished and the legal team was newly established.

나. 원고는, 피고 회사가 잠실더�스타리버입주자대표회의를 상대로 제기한 용역비 소송(서울동부지방법원 2010가합19813)에 관한 업무를 포함하여 피고 회사의 법무 업무를 수행하던 중, 업무과중에 따라 피고 회사에 후임자 채용을 요청하였다.

Accordingly, the Defendant Company, on March 1, 201, ordered the Plaintiff to be a director from the director’s senior director on March 1, 201, and on March 2, 2011, issued personnel orders to transfer the Plaintiff to the head of the General Headquarters.

C. On February 28, 2011, the Plaintiff prepared a “written transfer of legal affairs” and transferred the legal affairs to C, who is the head of the relevant legal affairs team, and thereafter C took charge of the said lawsuit, but the said court rendered a judgment against the Defendant Company on May 25, 201.

[However, in the appellate court (Seoul High Court 201Na42128), the judgment of winning part of the defendant company was rendered on November 10, 2011].

On June 1, 2011, the Defendant Company changed the Plaintiff’s position from the head of W/B Headquarters to the officer in charge of W/B headquarters, and taken measures to issue personnel orders with respect to the legal affairs and business support of W/B Headquarters.

E. On November 5, 2011, the Plaintiff: (a) prepared and transferred a “current Status of Legal Affairs”; (b) did not work for the Defendant Company from November 6, 201 to the Defendant Company.

F. The Defendant Company goes to work from November 6, 201 to the Plaintiff.

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