logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.08.27 2015누33655
부당전직및부당강임구제재심판정취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

The intervenor in the process of the instant decision on reexamination is a company that employs more than 1,000 full-time workers and engages in multi-family housing management, general management of buildings, and security service business. On August 9, 2004, the Plaintiff entered the intervenor company, and served at the head office as the managing director, the managing director, the managing director, the managing director, and the managing director on September 15, 2010, and registered as the vice president and the managing director on March 22, 2012.

On March 2, 2013, the Plaintiff and the Intervenor drafted a labor contract, and the said labor contract contains the following descriptions:

(hereinafter referred to as “instant employment contract”). Article 1 [referring to “B” (hereinafter referred to as “Plaintiff”).

[Status] “B” is a contractual worker who is automatically retired at the expiration of the contract term.

Article 3 (Period of Contract) (1) Contract shall be from March 1, 2013 to February 28, 2014 (12 months).

Provided, That even during the contract period, where a reason for transfer arises to another management authority, the service duty of the “B” (hereinafter referred to as the “participating”) shall be transferred by the date of transfer to another management authority.

Article 4 (Work Place) The place of work "B" shall be the head office.

(In the case of an order of transfer due to the circumstances of the workplace, the provisions of Article 11 shall apply). Article 5 (Types of Work and Positions) "B" shall be the management office, and the position shall be the vice president.

Article 6 (Benefits) (2) The wage of "B" shall be paid as follows, and the ordinary wage shall be KRW 2,213,000:

Article 11 (Order of Transfer) of the bonus of KRW 671,584,000 in monthly salary of KRW 200,000,000 for qualification allowance of KRW 400,000 for business promotion expenses of KRW 200,000 for the amount classified as the amount classified as the amount, when a request for replacement is made by a resolution of the representative meeting of the relevant employment place, or where there is an inevitable reason for the duties of “A”, the payment may be reduced according to the circumstances, even during the contract period.

arrow