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(영문) 대법원 2013.10.11 2012다12870
손해배상
Text

Attached Form

Plaintiff

(1) Of the plaintiffs listed in paragraphs (1) and (2), the remaining plaintiffs except M, T, AE, AK, CR, and FE.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the Plaintiffs listed in the Plaintiffs’ List (1) and (3)

A. As to the ground of appeal No. 1, the legitimacy of the standby order for workers should be determined based on whether there exist grounds for the standby order or whether there exist grounds for the standby order for workers and the degree of such violation.

(2) According to the reasoning of the lower judgment, the lower court recognized the facts as indicated in its reasoning, and determined that the instant standby order is valid on the grounds that it is reasonable to deem that there is a justifiable reason to deem that there is a need to carry out a standby order (hereinafter “instant standby order”) against the Plaintiffs for a considerable period of time, and that the Plaintiffs’ living disadvantage due to the instant standby order exceeds the need for the pertinent business. In so doing, the lower court determined that the instant standby order is valid on the grounds that it is difficult to view that the instant standby order has been unfairly maintained for a long period of time to the extent that it is unreasonable under social norms.

In light of the above legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the legal principles as to the legitimacy of a standby issuance, by misapprehending the rules of logic and experience and exceeding the bounds of the

B. As to the ground of appeal No. 2, it is reasonable to view that the provision on the standby order, which can be issued to a person who has been recognized as an excessive manager due to the business management circumstances, in the personnel management regulations of the Daewoo Motor Sales, is presumed to be premised on the situation where the worker retires through the procedure such as the atmosphere of assignment and the atmosphere of personnel management, etc. In light of the circumstances, etc., the standby order in this case is deemed to be an automobile sales.

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