부당해고구제재심판정취소
1. All appeals filed by the defendant and the defendant assistant intervenor are dismissed.
2. The costs of appeal shall be those resulting from the participation in the appeal;
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the ground of the judgment of the court of first instance, except for a modification of “whether or not an intervenor’s right to renew is recognized” as follows. Thus, this is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act
C. Whether the intervenor’s “revition substitute right” is recognized or not, the intervenor entered into an employment contract from around December 30, 201 to on three occasions with the Plaintiff and served as C in a public health clinic A as a one-year unit, and the contract term on January 2, 2014 to “from January 1, 2014 to December 31, 2014” is as seen earlier.
Therefore, the intervenor is a "worker who has concluded a labor contract by setting a period".
In the case of an employee who has entered into an employment contract with a fixed period, the status relationship as an employee shall be terminated naturally, and if the employment contract is not renewed, he/she shall be automatically dismissed even without the declaration of refusal to renew the employment contract.
However, in a case where a labor contract, employment rules, or collective agreement provides that a contract shall be renewed if certain requirements are met, regardless of the expiration of the term of the contract, or where the employer has a legitimate expectation right to renew the contract in light of various circumstances surrounding the labor relationship in question, including the details of the contract and the motive and circumstances leading up to the renewal of the contract, the standards for renewal of the contract, etc., whether the contract is established or not, and the status thereof, and the contents of the work performed by the worker, etc., even if there is no such provision, if there is a trust between the parties to the contract that the contract is renewed if certain requirements are met, and thus, the employer's refusal of the contract unfairly in violation of this provision has no effect