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(영문) 대전지방법원 2017.11.02 2017구합101354
부당강등 구제 재심판정 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) served as the Secretary-General of the APA from July 1, 2008.

On February 19, 2014, the A Living Sports Association amended the “Rules of the A Living Sports Council” and changed the status of the Director General to the “employee” whose retirement age (60 years) is guaranteed from the “executive” for the term of four years.

B. On March 25, 2016, the AAmateur and the AAP were incorporated into the Amateur (hereinafter “Korea Amateur”) and succeeded to the employment of employees of the AAP, including the Intervenor.

However, the Korean Sport and Olympic Committee has assigned the Intervenor as the “group member” of the daily sports team to which the Secretariat belongs, and the Secretary General has extracted the notice of employment.

The intervenor subscribed to the employment of the secretary general, but rejected.

C. As above, the Intervenor filed an application for remedy with the Chungcheong Regional Labor Relations Commission on June 14, 2016, where the position of the team members was changed from the Secretariat’s position to the team members.

On August 9, 2016, the Chungcheong Regional Labor Relations Commission rendered a ruling citing the Intervenor’s return to the original position and the Intervenor’s payment of the amount equivalent to the reduced wage during the period of unfair lectures, since the issuance of team members to the Intervenor was unfair lectures.

On September 19, 2016, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on January 17, 2017.

(hereinafter referred to as the “instant decision on reexamination.” In the instant decision on reexamination, the National Labor Relations Commission: (a) deemed that the Intervenor served as an “employee,” other than an “executive,” and succeeded to the employment of the Korean Sport and Olympic Committee; (b) the status of the Director General of the Korean Sport and Olympic Committee was changed to a “executive,” for a four-year term of office; (c) thus, it is difficult to deem that the Intervenor’s position was succeeded to the Intervenor’s Secretariat position, but the working conditions should be succeeded to

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