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(영문) 서울중앙지방법원 2019.06.27 2017가합544537
배치전환 무효 확인 등
Text

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

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

Reasons

Basic Facts

A. On January 26, 2015, the Plaintiff entered into a labor contract with D Co., Ltd. (hereinafter “D”) to serve as “C Strategy Manager,” and worked as D from February 23, 2015.

B. On May 1, 2015, as the portion of D’s electronic business department, special gas and new materials business sector transferred to the Defendant, the Plaintiff entered into a new employment contract (hereinafter “instant employment contract”) with the Defendant with the Defendant as the Defendant as the Defendant, and entered into a new employment contract. In the instant employment contract, the Plaintiff’s business was determined as the strategic agent, and the annual salary was KRW 125,00,000, and the performance-based bonus was determined to be paid according to the performance-based achievement rate based on KRW 21,875,00.

C. The Defendant’s personnel division is divided into: (i) evaluation based on objective indexes; (ii) evaluation of achievements, which serve as the basis for performance rates, and (iii) evaluation of capabilities, which are conducted by subjective indexes; and (iii) evaluation of achievements and capabilities, which are determined by the final deliberation point in view of the evaluation of achievements and capabilities.

피고는 2016. 1.경 이루어진 2015년 업적평가에서 원고의 성과 달성률을 91.8%로 인정하였고, 역량평가에서 원고에 대하여 10가지 항목 중 7가지 항목에서 최하위 등급(development needed)을 부여하였으며, 최종 평가에서 하위 2번째에 해당하는 D등급을 부여하였다.

In addition, the defendant recognized the plaintiff's achievement achievement rate as 57.5% in the achievement evaluation of 2016, which was conducted on January 2017, the defendant granted the plaintiff the lowest grade in six of the seven categories among the seven categories, and granted D grade in the final evaluation.

The defendant on December 19, 2016, at C Strategy Corer.

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