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(영문) 서울행정법원 2015.01.15 2014구합12789
부당전직및부당강임구제재심판정취소
Text

1. On June 16, 2014, the National Labor Relations Commission’s unfair change of position between the Plaintiff and the Defendant joining the Defendant and unfair change of position.

Reasons

1. The circumstances leading to the decision on reexamination of this case

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a company employing 1,00 full-time workers and engaging in multi-family housing management, overall management of buildings, security service business, etc.

On August 9, 2004, the Plaintiff entered the Intervenor Company and worked as the managing director, the managing director, the managing director, and the managing director at the head office through the managing director, the managing director, and the managing director from September 15, 2010, and registered as the vice president and the managing director of the Intervenor Company on March 22, 2012.

B. On March 2, 2013, the Plaintiff and the Intervenor drafted a labor contract, and the said labor contract contains the following descriptions:

(hereinafter referred to as “instant employment contract”). Article 1 [referring to “B” (hereinafter referred to as “Plaintiff”).

[Status] “B” is a contractual worker who is automatically retired at the expiration of the contract term.

Article 3 (Period of Contract) (1) Contract shall be from March 1, 2013 to February 28, 2014 (12 months).

Provided, That even during the contract period, where a reason for transfer arises to another management authority, the service duty of the “B” (hereinafter referred to as the “participating”) shall be transferred by the date of transfer to another management authority.

Article 4 (Work Place) The place of work "B" shall be the head office.

(In the case of an order of transfer due to the circumstances of the workplace, the provisions of Article 11 shall apply). Article 5 (Types of Work and Positions) "B" shall be the management office, and the position shall be the vice president.

Article 6 (Benefits) (2) The wage of "B" shall be paid as follows, and the ordinary wage shall be KRW 2,213,000:

Article 11 (Order of Transfer) of the bonus of KRW 671,584,000 in the month of KRW 200,000 for qualification allowance of KRW 400,000 for business promotion expenses of KRW 200,000 for the amount classified by the amount classified by the division, when there is a request for replacement for workers of KRW 3,584,00 in the month of KRW 200,00 for the vehicle maintenance expenses of KRW 100,000 for the monthly salary of KRW 3,584,00 for the representative meeting of the relevant employment place, or when there is any inevitable reason for the duties of “A”, there is no objection to the replacement for another company during the contract period.

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