Since the employer"s authority over personnel is based on labor contracts, the specific contents of the authority over personnel are regulated by the labor contracts. Therefore, the transfer within the scope of the agreement between the parties or the contract can be evaluated as the process of implementation of labor contracts, and this may be evaluated as the exercise of the authority over personnel possessed by the employer. In order to materialize the worker"s duty to provide labor within the scope of the labor contract, it is reasonable to determine the contents, method, and location of works, or to understand the authority over personnel with the authority of the employer to change them. If so, the attitude of the precedent that concludes that the transfer belongs to the employer"s authority over personnel cannot be considered appropriate. Regarding the application of the law of abuse of right by precedents, the reassignment of labor force or control of supply and demand is an essential means for the continuous maintenance of business activities. Through the teleological reasoning that change of occupation is an essential means of reallocating the workforce and achieving control of supply and demand, one should not come to the conclusion that disadvantages should be tolerated for a change of occupation.
Proportionality is also called the principle of the proportion, and its contents are the justification of the purpose, the appropriateness of the method (appropriateness of the means), the minimality of damage, and the unity of legal interests. And the Constitutional Court has the principle of examination of violation of the constitution on laws restricting basic human rights. Proportionality is a principle of general balancing conflicting interests that applies not only to conflicts of basic human rights but also to cases where legal interests conflict with each other.
The determination of the scope of justifiable transfer, that is, the specification of the standard of regulation of the rights of the employer"s authority over personnel and workers" interests, is the positive value of change of occupation that contributes to the operation of the business and the achievement of the purpose of the transfer. It is a balancing of conflicting interests in the negative value of conflict of interest for workers, and this is required in light of the fact that transfer must be made within the scope of labor contracts and in accordance with the principle of equal decision of conditions of employment.