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(영문) 서울행정법원 2015.01.22 2014구합63695
부당해고구제재심판정취소
Text

1. On June 10, 2014, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

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

A. The Plaintiff is a company that employs 2,800 full-time workers and runs the wholesale and retail business of agricultural, fishery, and livestock products, and is engaged in 76 branches that sell agricultural, fishery, and livestock products (26 Busan Metropolitan City 26, 32, 12, 12, and 6 Ulsan Metropolitan City).

B. The intervenor is about 152 cm in height with 1967 and about 43 km in weight.

On December 1, 2001, the Intervenor joined the Plaintiff Company as a part-time employee, and was transferred on December 19, 2001 to the Plaintiff Company C tower D (hereinafter “D”) located in Busan Metropolitan City, which was transferred on December 19, 2001.

C. On October 1, 2007, the Intervenor was employed as a full-time employee of the Plaintiff Company. On the same day, the Plaintiff and the Intervenor entered the employment place as “the location of the Plaintiff’s headquarters and branch office, the location of the direct management store,” and the “person in charge of fisheries” into a labor contract.

The intervenor was a full-time member of Busan, which was engaged in the management and sales of fishery products at the store E located in the Seo-gu Busan, Busan.

On August 8, 2009, the intervenor was transferred to G stores located in Busan Seo-gu F, Busan, and transferred to D on March 1, 201.

On October 9, 2013, the Plaintiff issued a personnel order, such as promotion, transfer, etc. to 30 workers on October 10, 2013, including an order of transfer from D to the Busan Seo-gu Hamm I (hereinafter “Im”) to the Ham Im. located in H, Seo-gu, Busan.

(hereinafter “instant transfer order”). However, the Intervenor did not attend the first place from October 10, 2013, asserting that the instant transfer order is unreasonable.

On October 17, 2013, the Plaintiff sent a document that contains a demand to attend the first place to the intervenors, but the Intervenor did not attend the work.

E. On November 11, 2013, the Plaintiff holds a disciplinary committee and is dissatisfied with the instant transfer order without justifiable grounds, and on October 10, 2013.

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