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(영문) 서울고등법원 2012.01.27 2010나103071

해고무효확인 등

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1. Of the judgment of the court of first instance, the plaintiffs are subject to the invalidity confirmation of the refusal of renewal under the following and the payment order of money.

Reasons

1. Basic facts

A. As a public corporation established pursuant to the Broadcasting Act, the Defendant is a national broadcasting station to establish a fair and sound broadcasting culture and to efficiently implement domestic and foreign broadcasts.

The Plaintiffs determined the annual salary by setting the annual salary every year from the date of employment as indicated in the following table to the Defendant as one year from the date of employment, and paid the said annual salary by 12/13 as the basic annual salary on the 21st of each month following the month in which the said annual salary is 12 minutes. The rest of the annual salary is 1/13 of the annual salary as the performance-based bonus in the form of payment on the expiration date according to the assessment standard and performance-based payment rate (0% to 200%) set by the Defendant, respectively, entered into an annual salary contract in the form of payment on the expiration date of the contract period as the performance-based bonus, and then continued to renew the employment contract by setting a period every one year at the end of each employment contract (hereinafter “instant employment contract”), and received from the Defendant a “written notice of termination of the employment contract” from the Defendant

(2) On September 1, 2009, September 15, 2009, September 23, 2000, the expiration date of the Plaintiff’s membership date No. 1 B, 2000, and September 30, 2009, E on September 30, 2009, September 30, 2004, and F on September 4, 2009, September 1, 2000.

Before the conclusion of the instant employment contract, Plaintiff E worked for the Defendant from September 2003 to September 2004; Plaintiff F from August 1999 to September 2000 as temporary agency workers; and Plaintiff B, C, and C, at the time of the termination of the instant employment contract, were in charge of the design and production of the special images and their graphic images at H team; Plaintiff E, and F, respectively.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1 and 2-3, 4, 8, and 9 respectively, and the purport of the whole pleadings

2. The assertion and judgment

A. The instant employment contract concluded between the Plaintiffs 1 and the Defendant is merely a form with a fixed period, and thus does not have a fixed period.

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