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(영문) 서울서부지방법원 2018.10.25 2018나33606
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 10,032,258 and KRW 9,032,258.

Reasons

1. Facts of recognition;

A. On June 29, 2016, the Plaintiff entered into a labor contract with the Defendant, who operates D (hereinafter “instant workplace”) in Yongsan-gu Seoul, Yongsan-gu, Seoul, with the term of the labor contract from June 29, 2016 to June 28, 2017; entered into a labor contract with the workplace (department) and the class (class) manager; and worked as a guide for foreign customers in E (hereinafter “instant workplace”).

B. On September 3, 2016 through October 11, 2016, when the Plaintiff worked as night guide (20:00 to 06:00), the case occurred four times in which the money and valuables of customers were lost (hereinafter “off-site case”), and on October 11, 2016, the Plaintiff voluntarily retired from work hours after being suspected of having been accused of having been lost from the said staff as an offender.

C. On October 13, 2016, the Defendant ordered the Plaintiff to wait for the general office, and on October 17, 2016, the Defendant ordered the Plaintiff to take a disciplinary measure for salary reduction three months by stipulating that “the Plaintiff’s refusal to work, such as a person who was absent from his/her place of work (on October 11, 2016), absence from work without permission (on October 13, 2016), other than rest hours, and neglect of liability despite frequent occurrence of theft, etc.” as the grounds for disciplinary action, and on October 18, 2016, the Defendant ordered the Plaintiff to work for the institution room.

(hereinafter “instant order to change the position”). The Plaintiff did not work at the instant workplace from October 18, 2016.

On October 20, 2016, the Plaintiff filed an application for remedy for unfair salary reduction and unfair change of position with Seoul Regional Labor Relations Commission (2016da2140). On December 19, 2016, the Seoul Regional Labor Relations Commission recognized the instant order of change of position as an unjust change of position on the ground that “the crime of theft that occurred from the Switzerland was in a state that it is difficult to readily conclude that the Defendant was the Plaintiff, and the Seoul Regional Labor Relations Commission limited the place of work at the time of entering into a labor contract to “pool, even if the Plaintiff unilaterally changed the place of work to the institution room without the Plaintiff’s consent,” etc.

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