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(영문) 서울서부지방법원 2016.09.08 2016가합30012
해고무효확인
Text

1. Of the instant lawsuits, the part of the claim seeking confirmation of invalidity of the main claim and transfer shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Defendant is a company that plans, manufactures, and sells various sports products, such as golf products, camping equipment, and mining equipment.

B. On March 30, 2015, the Plaintiff entered into an annual salary contract with the Defendant by determining the period of employment contract, from March 30, 2015 to December 31, 2015, the period of annual salary contract, from March 30, 2015 to December 31, 2015. From March 30, 2015, the Plaintiff worked as the head of the design team of the Defendant sports business division.

C. As of January 4, 2016, the Defendant issued a personnel order to the Plaintiff to serve as the director of the design room, such as the previous position, and to serve as a general designer, not the head of the team but as a general designer (hereinafter “instant personnel order”). D.

On February 27, 2016, the Defendant issued a dismissal disposition against the Plaintiff (hereinafter “instant dismissal disposition”) pursuant to Article 51 subparag. 8 of the Defendant’s Rules of Employment on grounds that the Plaintiff continued to be absent without permission after the instant personnel order and the Defendant’s failure to comply with the Defendant’s order to return to work.

E. The defendant's rules of employment are as follows.

Article 9 (Basic Principles) (2) A company may order an employee to change his/her occupation, position, workplace or workplace, and an employee shall not raise an objection against the issuance of personnel affairs without justifiable grounds.

No employee of Article 10 (Duty) shall engage in any of the following conduct:

1. Violation of the provisions of Article 16 of the Company Act or non-performance of an order for direction in the course of business; 16. Approval or legitimate procedures by the head of the department to which he belongs, and a company under Article 46 of the Desertion of Duties without good cause may dismiss:

2. Where a person who has been absent from office without permission at least four consecutive days during a three-month or has been absent from office for at least three consecutive days falls under any of the following cases, such person shall be deliberated upon and disciplinary action shall be taken according to the seriousness thereof:

1. Company;

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