부당해고구제재심판정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal are all included in the part resulting from participation.
1. The reasons why this court is stated in the above part of the judgment of the court of first instance and the relevant statutes are as stated in the corresponding part of the reasons for the judgment of the court of first instance, in addition to the fact that the “Defendant Intervenor” in Part 9 of the judgment of the court of second instance is deemed to be an “participating administrative agency”, and therefore, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
2. Whether the decision on the retrial of this case is lawful
A. The decision of the retrial of this case, which recognized the rejection of the renewal of an employment contract through the Intervenor’s notification of this case, as lawful, is unlawful for the following reasons.
1) The Plaintiff concluded a non-fixed-term employment contract with the Intervenor. Even if not, the Plaintiff worked as a fixed-term worker for more than two years, and was converted to an employee who entered into an indefinite-term employment contract pursuant to Article 4(2) of the Fixed-term Workers Act. Therefore, the Plaintiff has the status of an employee who entered into a non-fixed-term employment contract. Accordingly, the Intervenor’s refusal to renew the employment contract constitutes an unfair dismissal. 2) Even if the Plaintiff is in the position of a fixed-term worker, the Plaintiff shall have a legitimate expectation right to renew the
Nevertheless, the intervenor's refusal to renew the labor contract unfairly in violation of the plaintiff's legitimate expectation, which corresponds to unfair dismissal.
B. In determining the term of a labor contract on the premise of determination, the employment relationship between the parties to the labor contract shall naturally terminate the status relationship as an employee without separate measures, such as dismissal of the employer upon the expiration of the term, except in extenuating circumstances. However, the fixed term of a labor contract is repeated over a long period of time, and only exceptional cases where the fixed term of a labor contract is unreasonable in the form, even if it is employed with a fixed term of time.