logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2016.08.29 2016누10716
부당해고구제재심판정취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, with the purport of "for the purpose" of the 8th 4-5 of the judgment of the first instance, and the 9th 1 to 12 of the judgment, and the 7th 7th 14th 20 of the 13th 7th 14th 20 of the 14th 7th 14th 7 of the judgment of the first instance except for the 9th 1st 8th 1st 8th 8th 8th 8th 1st 1st 20, and the 420th 7th

2. The dismissal from position of a worker on the part 1 to 12 【the 9th 12th 【the 9th 12th 】 refers to the cancellation of the assignment as a provisional measure that prevents a worker from temporarily performing his duties due to temporary failure to assign a position in order to prevent anticipated occupational disorder if the worker continues to perform his duties in the future in the future, in case where the worker lacks job performance ability or his job performance or job attitude is inferior, and where the worker is prosecuted for a criminal case. Thus, it is different from the disciplinary measure that is taken for the purpose of maintaining business order against the misconduct of past workers.

In addition, it is unnecessary to rearrange the labor force or adjust the supply and demand of the company in order for the company to continue its activities, so the personnel order, including a standby order, is, in principle, the inherent authority of the employer who is the personnel authority.

Therefore, it is not illegal unless there are special circumstances such as violation of the Labor Standards Act, etc. or abuse of rights.

(See Supreme Court Decision 2007Du1460 decided May 31, 2007). The 13th parallel 7 through 14th parallel 13.

arrow