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(영문) 서울동부지방법원 2012.07.25 2012가합2390
해고무효확인 등
Text

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

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

Reasons

1. Basic facts

A. The Defendant is a company that operates apartment management business, etc., and the Plaintiff was employed by the Defendant on January 3, 2005 as the head of the management support team in the management support room from January 1, 2010 to December 31, 2010, as the head of the management support team in the management support room, from January 1, 201, as the head of the management support center in the management support room, and each person who worked as the head of the legal support team in the management support room.

나. 원고는, 피고 회사가 잠실더�스타리버입주자대표회의를 상대로 제기한 용역비 소송(서울동부지방법원 2010가합19813)에 관한 업무를 포함하여 피고 회사의 법무 업무를 수행하던 중, 업무과중에 따라 피고 회사에 후임자 채용을 요청하였고, 이에 피고는 2011. 3. 2. 원고를 W/B(Well-Blue)총괄본부 본부장으로 전배하는 인사발령 조치를 하였다.

C. On February 28, 2011, the Plaintiff prepared a “written transfer of legal affairs” and transferred the legal affairs to C, who is the head of the relevant legal affairs team, and thereafter C took charge of the said lawsuit, but the said court rendered a judgment against the Defendant Company on May 25, 201.

[However, in the appellate court (Seoul High Court 201Na42128), the judgment of winning part of the defendant company was rendered on November 10, 2011].

On June 1, 2011, the Defendant Company changed the Plaintiff’s position from the head of W/B Headquarters to the officer in charge of W/B Headquarters, and taken measures to issue personnel orders with respect to the legal affairs and business support of W/B Headquarters.

E. On November 5, 2011, the Plaintiff: (a) prepared and transferred the legal affairs to D, who is the Defendant’s Secretary General of W/B Headquarters; and (b) did not work to the Defendant Company from November 6, 201 to November 6, 201.

F. From November 6, 2011, the Defendant Company attempted to have a telephone call several times to encourage the Plaintiff to work, sent e-mail, text messages, and Kakakakao Stockholm messages. On November 15, 201, the Defendant Company sent a certificate of content to request work on the part of November 15, 201, and the Plaintiff’s final address.

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