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(영문) 서울중앙지방법원 2017.04.13 2016가합537846
전보발령무효확인의 소
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. (i) The defendant is a corporation that runs the business of developing, manufacturing, and distributing Aluminium products as its subsidiary of the C holding company that has its main office in the United States as its subsidiary.

B. On July 20, 201, the Plaintiff entered the employment contract with the Defendant as a regular director in charge of the development of the project, which is the Defendant’s Seoul Office’s working place on September 16, 201, and promoted to the former on October 5, 2011. On February 2015, the assignment as the head of the Span social project team was changed, and the head of the Span social project team and the head of the product development team concurrently held the positions of the head of the Span social project team and the head of the product development team were assigned to the position of the head of the Span social project and the marketing team.

B. (i) On February 2015, the Defendant changed the Plaintiff’s assignment of position from the former official in charge of project development to the head of the Spanish social project team, and changed the Plaintiff’s duty class from 5 to 6 (hereinafter “instant change of duty class”).

BE was granted as a personnel evaluation rating for the performance of duties from April 1, 2015 to March 31, 2016 by the Plaintiff (hereinafter “the results of personnel evaluation in the instant case”).

(c) The main contents of employment contracts, such as rules on job classification and personnel evaluation, rules on salary for persons subject to the annual salary system, and the wage rules for persons subject to the annual salary system, concerning job classification and personnel evaluation, are as follows:

【Employment Contract】

2. “B” (hereinafter referred to as “Plaintiff”) in the employment condition refers to “B” (hereinafter referred to as “Defendant”) and pay wages.

3. Wages and compensation;

A. Joint and several bandandon on a corresponding position (“joint and several bandandandand” are 5.

B. Basic wages “The base wages” amount to KRW 220,00,000 won per year.

Basic wages are to be changed according to the annual personnel evaluation set forth in C Holding Company and A.

C. “The performance-based system (Bronus plan)” means the year determined by C Holding Company.

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