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(영문) 대법원 2018.10.25 2016두44162
부당징계 및 부당전환배치 구제 재심판정취소
Text

The judgment below

This part of the review decision on unfair conversion placement is reversed, and this part of the case is in question.

Reasons

1. We examine the grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed) as to the decision on review of unfair conversion and placement.

(1) A disposition of change of occupation or transfer to a worker may be disadvantageously imposed on the worker in that it brings about changes to the type, content, place, etc. of work that the worker should provide, but in principle, it belongs to the employer who is the personnel authority, and thus, considerable discretion should be recognized within the necessary scope of business. Thus, barring any special circumstance, such as violation of the Labor Standards Act or abuse of rights

Whether the change of occupation, etc. falls within the scope of legitimate personnel rights shall be determined based on the comparison and comparison of the business necessity of the relevant change of occupation, etc. and the disadvantage of workers in their living based on the change of occupation, etc., and whether such change of occupation, etc. has gone through the procedures required by the principle of good faith in the course of consultation, etc. with

If the disadvantage of life due to the change of occupation, etc. due to the necessity of business is remarkably beyond the degree of the worker should normally bear, this belongs to the scope of legitimate personnel rights, and thus does not constitute abuse of rights.

In the case of a transfer of occupation, etc., it can be said that it is a single factor to determine whether a legitimate right to personnel that has gone through a faithful consultation procedure with the worker himself/herself is an exercise of the right to personnel, but it cannot be said that a transfer of occupation, etc. constitutes an abuse of right

In addition, it is reasonable that the employer needs to change the number of workers and it is appropriate to include any worker in the change.

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