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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. 1) The Plaintiff is a company engaged in the business of manufacturing and selling stickers and labels. 2) B, etc. (hereinafter “instant workers”) are those who were transferred to the business division on January 29, 2018 while entering the Plaintiff and working in the packing book (hereinafter “instant conversion”).
B. 1) On April 27, 2018, the instant employee filed an application for remedy against the Defendant on the ground that “the instant conversion is unfair” (Evidence No. 2, No. 1, No. 2, and No. 1). 2) The Defendant accepted the application for remedy from the instant employee, and rendered a decision against the Plaintiff on August 27, 2018, that “if the instant employee is reinstated to his/her former position, and there is an amount equivalent to wages that could not be paid due to the conversion, it shall be paid.”
(1) On October 1, 2018, the Plaintiff received a notice of the result of the implementation of the order of remedy within 30 days from the date of receipt of the written ruling, stating that “if there is an amount equivalent to the wages that could not be paid due to the conversion arrangement, it shall be paid” (hereinafter “the instant order of remedy”). The Plaintiff received the notice of the result of the implementation of the order of remedy within 30 days from the date of receipt of the written ruling.”
(A) On October 5, 2018, the Plaintiff, who was dissatisfied with the Defendant’s decision, filed an application for reexamination with the National Labor Relations Commission on October 5, 2018, but the National Labor Relations Commission dismissed the judgment of dismissal on January 14, 2019 (hereinafter “relevant reexamination decision”).
(C) On December 17, 2018, the Defendant imposed a charge for compelling compliance KRW 28 million on the Plaintiff for the reason that “the Plaintiff failed to comply with the instant order for remedy” (a disposition written in the purport of the claim; hereinafter referred to as “disposition imposing the charge for compelling compliance”).
(A) (Evidence No. 1). [The evidence No. 1 to 3 of the grounds for recognition No. 1, No. 1 of the evidence No. 1, and the purport of the whole pleadings. 2.