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(영문) 서울중앙지방법원 2016.01.12 2015가단103058
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a specialized company for consumer goods that manufactures and sells textile oil, laundry, etc., and the Defendants are workers who belong to the Plaintiff.

2. The reorganization of the organization by the plaintiff shall be recognized, but an educational program including the details of education, the place of education, etc. shall be prepared through labor-management consultation and operated for two months first.

Since then, education programs shall be developed and operated for all workers.

3. The Plaintiff shall pay wages before a standby is issued during the period of education and training.

B. From around 2013, the Plaintiff conducted personnel reorganization and desired retirement for its employees. Some of the employees of the Plaintiff Company constituted a branch of the Korea Chemical Textiles Industry Trade Union A (the president of the branch of the branch of the branch of the branch of the branch of the branch) on November 2013, and conducted collective bargaining, but the Plaintiff did not reach an agreement, but filed an application for mediation with the Seoul Regional Labor Relations Commission to the present day.

On the other hand, at the time of 2013, members, including the Defendants, filed an application for remedy against unfair transfer and unfair order of standby with the Seoul Regional Labor Relations Commission. On February 20, 2014, the protocol of protocol relating thereto was prepared between the Defendant, etc. and the Plaintiff (hereinafter “instant protocol of protocol”). Of the content, matters relating to the instant case are as follows.

C. After the creation of the instant protocol of conciliation, the Plaintiff issued an educational order as of March 1, 2014 to 15 persons, including the Defendants, including the Defendants, and paid the wages originally received from March 1, 2014 to April 13, 2015.

On June 2014, the education and training for the Defendants was completed, but new personnel orders have not been issued. On July 16, 2015 and July 17, 2015, the Defendants were transferred to business.

With respect to work, night work, or holiday work, which is extended by Article 11 (Overtime Hours, Holidays, Night Work Allowances) of the Benefit Regulations.

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