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1.The judgment of the first instance shall be modified as follows:
Plaintiff
A’s custodian D of the Defendant Rehabilitation Company C.
Reasons
1. Basic facts
A. The Plaintiffs’ employment relationship H Co., Ltd. with H Co., Ltd. (hereinafter “H”) was organized with the automobile sales sector, the construction sector, and the headquarters management sector prior to the division as follows. Of that, the automobile sales sector was composed of direct passenger sales sector, agency sales sector, truck sales sector, bus sales sector, and import tea sales sector, and around the above division, Plaintiff B was the head of the said agency sales sector, and Plaintiff A was the vice head of the headquarters management sector, respectively.
B. As the deficit of the direct passenger sales sector was accumulated among the car sales sector, H’s company division H decided to divide the direct passenger sales sector with the highest profits at the time and the agency sales sector with the highest profits at the time and to incorporate the I Stock Company (hereinafter “I Stock Company”) among the agencies sales sector with the highest profits. On October 1, 2006, H newly incorporated a company and completed company division registration.
C. After the division of the company, H issued a retirement personnel order to the Plaintiff B on June 30, 2009 without the consent of the Plaintiffs, and on August 1, 2009, the Plaintiff A issued a retirement personnel order to the Plaintiff, and the new company issued a recruitment personnel order to the Plaintiffs on each corresponding date.
(hereinafter referred to as the “instant transfer order”) D. D. by adding the above retirement personnel orders and employment personnel orders.
1) The part regarding the Plaintiffs, including the Plaintiffs, shall be deemed to be only applicable to the judgment confirming the employer’s status and the Plaintiffs’ reinstatement.
On October 8, 2010, the Plaintiff asserted that the instant transfer order is null and void, and filed a lawsuit for confirmation of employer status with the Incheon District Court 2010Gahap17877, which was the said court on April 28, 2011, transferred the instant transfer order to another company from the company to which he/she is employed, unlike the transfer or transfer of personnel in the same company.