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(영문) 서울남부지방법원 2017.12.15 2017가합552
직위해제무효확인
Text

1. We dismiss the part of the instant lawsuit seeking nullification of removal from position.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The defendant is a person who has been employed by the defendant on March 1, 2003 and has served until now for the purpose of contributing to the convenience of the residents' living, the promotion of welfare, and the improvement of productivity of the autonomous Gu by efficiently managing and operating facilities and projects designated by the head of Yangcheon-gu Seoul Metropolitan Government.

B. 1) The Plaintiff, while working at the Defendant’s B Center, was closed for three months (from November 1, 2016 to February 28, 2017) and was on duty at C Center from November 1, 2016 in accordance with the Defendant’s dispatch order. 2) while being on dispatch at C Center, the Plaintiff was in charge of “management evaluation, compilation of budget, BSC, education of employees, part-time instructors and on-site employees, management of earnings, management of funds, insurance management, purchase of general goods, etc.” under the direction of C Center Director D.

(hereinafter “instant division of work”). C.

The Plaintiff rejected the performance of the instant task division on the ground that it is difficult for the Plaintiff to perform the instant task division due to lack of his/her capacity, and on December 30, 2016, the Defendant cancelled the position of team members of the C Center and issued a standby order for the Plaintiff on the ground that “the Plaintiff asserted that the instant task division cannot be performed due to lack of his/her own capacity and refused to acquire and take over the task.”

(hereinafter “this case’s removal”). 【No dispute exists, Party A 1, 2, 4 (including each number; hereinafter the same shall apply), Party B 1, and the purport of the entire pleadings.

2. Summary of the parties' arguments

A. The plaintiff's assertion unfairly ordered the defendant to perform the accounting-related work that the defendant is difficult to take charge of to the plaintiff, and the plaintiff also ordered the defendant to perform the accounting-related work.

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