2. B

3. C.

4. D;

5. E.

6. F;

Plaintiff B shall pay KRW 2,805,929 to Plaintiff C, KRW 2,773,669 to Plaintiff C, KRW 1,426,154 to Plaintiff D, KRW 1,374,320 to Plaintiff E, and KRW 1,54,949 to Plaintiff F.

A person shall be appointed.

A. The Defendant Corporation is a public corporation established under the Broadcasting Act to establish a fair and sound broadcasting culture as well as to efficiently implement domestic and foreign broadcasts. The Plaintiffs entered into an employment contract with the Defendant Company for a period of one year with the term of the contract fixed on each of the above titles, and then renewed the employment contract at each time of termination of each employment contract (hereinafter referred to as “instant employment contract”), and the Defendant Corporation received “written notice of termination of each employment contract” to the effect that the employment contract relationship is terminated as of each of the termination dates of each said titles on the grounds that the contract expires (hereinafter referred to as “instant refusal”).

B. Plaintiff A was in charge of news progress in the G Team of Defendant Corporation, Plaintiff B, and C’s design and production of the special image and graphic image at H Team, Plaintiff D’s support service for the mutual aid facilities at the I Team, Plaintiff E, and F’s J Team management of video editing and data. Prior to the conclusion of the instant employment contract, Plaintiff A among the Plaintiffs was in charge of daily work workers from November 2004 to October 2005, Plaintiff E was in charge of temporary agency workers from September 2003 to September 2004, and Plaintiff B was in charge of temporary agency workers from August 1, 199 to September 200 and September 200.

[Ground of recognition] Facts without dispute, entry in B-1 to 2, purport of the whole pleadings

2. The plaintiffs' assertion

Inasmuch as the instant employment contract concluded between the Plaintiffs and the Defendant is merely in the form of and without a fixed period, the rejection of the instant renewal constitutes a substantial dismissal, and there is no justifiable ground for dismissal. In addition, even if the period of each employment contract concluded between the Plaintiffs and the Defendant Corporation is not merely in the form of a type, the instant refusal was made without any reasonable ground against the Plaintiffs, which have a legitimate expectation for continued employment. Accordingly, the instant refusal constitutes an unfair dismissal or renewal refusal, and thus, is null and void, and the Defendant is liable to pay the Plaintiffs monthly wages, as stated in the purport of the claim for renewal, from the date of each refusal to renew to the date of reinstatement.

3. Judgment on the plaintiffs' assertion

(a) Whether the term fixed is merely a type of employment contract;

1) In a case where the term of a labor contract is fixed, the labor relationship between the parties to the labor contract shall be terminated without taking a separate measure, such as dismissal of an employer, upon the expiration of the term, unless there are special circumstances. However, even in a case where a labor contract was drafted with a fixed term, for instance, where a short-term employment contract was repeatedly renewed over a long-term period and the fixed term is unreasonable in the form of the contract, taking into full account the details of the contract, the motive and circumstances leading up to the formation of the contract, the purpose and genuine intent of the parties to the contract, the practices regarding the conclusion of the contract of the same kind, the rules on the protection of workers, etc., and in a case where it is deemed that the fixed term of the contract is merely a form of the contract, the employer’s refusal of the conclusion of the renewed contract without justifiable grounds, notwithstanding the language of the contract, shall be deemed as null

(ii) the facts of recognition

A) Details of annual salary contracts entered into between the Defendant and the Plaintiffs are as follows.

Article 1 (Purpose) The purpose of this Agreement is to provide for the content, working conditions, treatment, etc. of the employment contract with the Plaintiffs employed by the Defendant Corporation as annual salary contract workers.

Article 11 (Retirement Allowance) (1) The defendant Corporation shall pay to the plaintiffs an amount equivalent to 1/12 of the annual salary (excluding performance-based wages) paid for one year of service period as retirement allowance.

(2) Retirement allowances shall be settled at the request of the plaintiffs on a yearly basis, and the defendant Corporation shall pay it within 14 days after the plaintiffs' application for retirement allowances. Article 13 (Termination of Contracts) (1) When the defendant Corporation recognizes that the plaintiffs fall under any of the following subparagraphs, it may terminate this contract:

1. Where the plaintiffs violated their obligations under this Agreement;

2. Where the plaintiffs neglected their service or whose service performance is poor;

4. Where the plaintiffs have failed to perform their duties for at least seven consecutive days, refused, or anticipated to make it impossible for them to perform their duties;

6. Where duties in charge are extinguished due to the circumstances of defendant Corporation, or where a necessity of employment is no longer available for other reasons.

2. If the contract term expires, this contract shall be terminated naturally without additional notice.

B) Standards for operating annual salary contract employment of Defendant Corporation are as follows.

2. Employment: He/she shall establish a reasonable selection criteria under the responsibility of the head of the headquarters, and shall, in principle, select persons through open competition;

3. Conclusion of contracts: Conclusion of contracts with the head of the headquarters;

6. Contract term and recontract: The contract term shall be one year after the first contract is concluded, and the contract term shall be determined at the time when the contract term expires: Provided, That in case where the head of the headquarters who is in office as of the contract date changes, the contract shall be terminated; 10. Evaluation items of work performance evaluation and evaluation items of the contract;

· Assessment Criteria: Business performance capability and performance evaluation / Evaluation Method 0 Evaluation Criteria and Assignment Points for Assessment Criteria

·The evaluation scale map: S (10 points), A (9 points), B (8), C (7 points), and D (6) for the purpose of use: June 1 each year.

The second half of the year: December 1 of each year;

'Re-contracts, re-contracts, and annual salary amounts in accordance with the standards of reflection set out in the annual salary contract evaluation system. These evaluators and evaluators: Head of the team:

-The method of assessment: the method of calculating online 0 points in the personnel information system;

- In accordance with the criteria for calculation of comprehensive points set out in the annual salary contract assessment system;

0 Criteria for determining whether performance rates or re-contracts are paid or re-contracted due to work performance evaluation

A person shall be appointed.

C) Matters concerning employees of Defendant Corporation constitute the items to be entered in the articles of incorporation (Article 45(1) of the Broadcasting Act), and to amend the articles of incorporation, authorization from the Korea Communications Commission to which the President belongs (Article 45(2) is required (Article 45(2)). In addition, Defendant Corporation is subject to the budget allocation regulation from the Ministry of Planning and Budget, and disclosed employment of annual salary contract workers within budgetary limits,

【Ground of recognition】 The fact that there has been no dispute, Eul-1 or 3, and the purport of the whole pleading

2) Determination

Although the plaintiffs have been continuously working for the defendant Corporation for a short period of 2 years, they have been continuously working for the defendant Corporation while renewal of their employment contracts for 9 years, and even if the plaintiffs' duties are recognized to be ordinarily and continuously working for the operation of the defendant Corporation, the above facts of recognition are as follows: ① the defendant Corporation employs the plaintiffs as one-year contract human resources; ② each annual salary contract was entered into with the plaintiffs each time they are renewed, and each annual salary contract is clearly stated, and the employment relationship is terminated at each time the contract term expires. ② The above annual salary contract is not stipulated in the regulations or procedures for renewal, and it is difficult to ensure that the contract was concluded for 0 years after the conclusion of their employment contracts, which is merely the date of their evaluation of work performance and determination of renewal. ③ The fact that the defendant Corporation, including the plaintiffs, can not be seen as having been subject to the strict change of the terms of employment contracts between the plaintiffs and its employees under the Act on the Regulation of Employment by the defendant Corporation.

B. Whether it constitutes a rejection of renewal without reasonable grounds

1) In light of the fact that labor for the majority of workers is the only or important economic means for survival and is an important factor for realizing character (see Article 32(1) of the Constitution), and that Article 30 of the Labor Standards Act provides that an employer shall not dismiss workers without justifiable cause, if a contract of employment with a fixed employment period is concluded, an employer may not refuse renewal of the contract without any restriction on the termination of the employment period, and if there are special circumstances where an employer would have the expectation for continuous employment of a fixed-term worker after the expiration of the employment period, there should be reasonable grounds for the refusal of renewal of the contract. However, the reason for refusal of renewal of the employment contract is not the dismissal itself within the ordinary meaning, and it is reasonable to determine somewhat wider, rather than the ground for dismissal.

2) Determination

6. The following circumstances acknowledged by the employer’s overall purport of entry and pleading of the above evidence and Eul-B-34, i.e., ① net losses in 207 and 2008, respectively, were faced with the management crisis; ② The labor and management of the defendant Corporation may not have agreed to reduce the fixed-term workers by 15% of the total number of employees under the agreement on the organization of the wage and the labor-management joint countermeasure committee in 2008, and it is difficult for the employer to expect the transition of indefinite-term workers. ③ The serious crisis of the management crisis of the defendant Corporation was determined by the Board of Audit and Inspection to conduct a specific task regarding the management situation of the defendant Corporation, and to prepare a plan to reduce the supply and demand of employees by 15% from the request for disposition on August 208, 2008, and to increase the number of employees other than the annual salary and other reasons for the efficient management crisis of the defendant Corporation.

Therefore, it is reasonable to deem that the instant employment contract between the Plaintiffs and the Defendant Corporation was effective upon the expiration of the term of the employment contract. Therefore, the aforementioned assertion by the Plaintiffs on different premise is without merit.

4. Conclusion

Thus, the plaintiffs' claims are without merit.

Judges Yoon kyl-ran

Judges Cho Jae-chul