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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The circumstances leading to the decision on reexamination of this case
A. A. A local agricultural cooperative (hereinafter “agricultural cooperative”) that employs 180 full-time workers and engages in financing, credit, and agricultural product sales business, etc., and the Intervenor joining the Defendant (hereinafter “ Intervenor”) was employed by the Plaintiff on April 1, 1993.
B. On October 21, 2015, the Plaintiff transferred the Intervenor to the NAFF to the NAF (hereinafter “instant transfer”).
C. On December 9, 2015, the Intervenor filed an application for remedy with the Chungcheong Regional Labor Relations Commission by asserting that “the instant transfer constitutes an unfair transfer” as part of Appendix 513, and on February 11, 2016, the Chungcheongnamnam Regional Labor Relations Commission accepted the Intervenor’s application for remedy (hereinafter “the initial trial court of this case”) on the ground that “the Plaintiff did not obtain an individual prior consent on the instant transfer, and it cannot be deemed that the Intervenor obtained the comprehensive prior consent on the transfer at the time of entering into a labor contract with the Intervenor, and it is difficult to view that the systems and practices regarding the transfer transfer without the prior consent have been established.” The instant transfer constitutes an unfair transfer.”
On March 18, 2016, the Plaintiff filed an application for reexamination with the National Labor Relations Commission as 2016da296, but the National Labor Relations Commission, on June 7, 2016, rendered a judgment dismissing the application for reexamination on the same ground as the initial inquiry court of this case (hereinafter “instant decision for reexamination”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the decision on the retrial of this case is lawful
A. The Plaintiff’s assertion 1) obtained the comprehensive prior consent on the transfer of the family register in the process of concluding the labor contract with the Intervenor. 2) Since the establishment of the Plaintiff, personnel exchanges between the agricultural cooperatives within the territory of Seosan-si have been implemented for a period exceeding 40 years, and thus, the practice on the transfer of the family register was established in the Plaintiff.
3 An intervenor.