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(영문) 대구고등법원 2014.08.27 2013나1052
임금 등
Text

1. The judgment of the first instance, including a claim or expanded by exchange in the trial and an additional claim.

Reasons

1. Basic facts

A. Defendant F is a company that had 14 sectors, including the protection and railroad maintenance, etc., for the purpose of improving human resources structure from around 2004 to 2005. Defendant G is a security service company that had been established on March 7, 2005 to enter into a security service contract between Defendant F and the company for the purpose of improving human resources structure.

The Plaintiffs, while serving as Defendant F’s employee, are those who retired from Defendant F by responding to the above Agling Policy and were employed in Defendant G on May 1, 2005.

B. Defendant F had a high level of performance in the short term in around 2004, but in the long term, it was anticipated that it was difficult to lower the external competitiveness, focusing on the core areas, as far as possible, on the company’s function and human resources, and on the remainder of the fields, the policy was implemented as a specialized specialized company.

As a result, Defendant F, at the first stage, decided that five sectors (such as protection, railroad maintenance, tinworks, labor welfare/education, and open space facilities) in 2005, and nine sectors (such as rollls work, water treatment, etc.) in 2006, should be done in 2006, and the field at which it was done was entrusted to 11 new companies and 8 existing foreign cooperative companies in 2005.

C. On November 18, 2004, Defendant F prepared “the direction and promotion plan to improve human resources for securing future competitiveness” (Article 9). Of them, the main contents of “the promotion plan to do so.” are as follows.

IV. Employees who are subject to support criteria for the promotion plan of licensing: At least 10 years long-term service (on account of human resources structure with low cost of organizing low-speed employees): Limited to the Agreishing sector - First: Granting preferential rights to employees in the sector concerned - Second: expanded to similar functional sector (restricted in-house recruitment) - Company which does not wish to move to another position.

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