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(영문) 서울중앙지방법원 2018.06.15 2017가합559058
전직 및 해고 무효확인 등 청구의 소
Text

1. Of the instant lawsuit, the part of the claim for confirmation of the invalidity of the transfer to the lower direction shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The defendant is a legal entity that aims to produce and sell game programs.

On July 28, 2014, the Plaintiff was employed by the Defendant and worked as the team leader of the Art Team from the beginning of 2015.

B. On July 28, 2017, the Plaintiff: (a) filed a complaint against the entry of other employees who were employed in the beginning of the establishment of the Defendant to the Defendant’s representative director C; or (b) other employees who were employed later than himself/herself, to be promoted to the director; (c) however, C rejected this request.

Accordingly, the plaintiff again requested C to increase the annual salary, and C would not accept the above request if the plaintiff would be able to play the role as an Ediex, and the plaintiff respondeded as "the situation would depend on the situation."

C. C answers that, on July 31, 2017, it is impossible to increase the annual salary to the Plaintiff.

In light of the Plaintiff’s attitude revealed in the course of the interview described in the port, it is inappropriate for the Plaintiff to perform the duties of management of team members without resolving the company’s dissatisfaction. Therefore, it was notified that it will work as team members.

The plaintiff stated that "I will retire from the Republic of Korea" is different from the her place of origin. "I will retire from the Republic of Korea."

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 6, Eul evidence 1, the purport of the whole pleadings

2. We examine, ex officio, whether the part of the claim for confirmation of invalidity of the change of occupation toward the river is legitimate, regarding the part of the claim for confirmation of invalidity of the change of occupation to the river

On July 31, 2017, the Plaintiff asserted that the Defendant’s disposition of changing occupation to the Plaintiff without justifiable grounds, which constitutes an abuse of rights by the employer who is a personnel authority, and thus, the said disposition of changing occupation to another effect is null and void.

However, the plaintiff expresses his/her intention to retire immediately after the transfer of his/her right to the future.

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