부당해고구제재심판정취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the Plaintiff, including the part resulting from the participation.
The plaintiff is an incorporated association established on September 3, 1975 and ordinarily employs about 60 workers to promote the rights and interests of the elderly and to improve the welfare of the elderly.
On April 2017, the intervenor entered the plaintiff and performed the management of the facilities at the D Training Institute, an affiliated agency.
On April 17, 2019, the Plaintiff notified the Intervenor of the termination of the term of the labor contract.
(hereinafter “Termination of the instant employment contract”). On April 26, 2019, the Intervenor filed an application for remedy with the former North Regional Labor Relations Commission by asserting that “the termination of the instant employment contract constitutes unfair dismissal.”
On June 20, 2019, the Jeonbuk Regional Labor Relations Commission rejected the Intervenor’s request for remedy on the ground that “the fixed-term worker with the right to renew the contract is unfair by refusing to renew the contract without reasonable grounds.”
On July 31, 2019, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission. The National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the same ground as the initial inquiry court.
(2) The Plaintiff’s notice of the termination of the instant labor contract cannot be deemed as having been an “written notice,” as it merely notifies the Plaintiff of the termination of the contract period, to the extent that the Plaintiff’s notice of the termination of the instant labor contract was lawful in the entirety of the pleadings and the facts that there was no dispute.
The Plaintiff only employed an intervenor upon the recommendation of the Egypt, and a fixed-term worker has personnel management in accordance with the principle that a fixed-term worker terminates his/her employment relationship upon the expiration of the term, except in exceptional cases where there is a change in human resources for regular workers, and there is no provision on the requirements or procedures for renewal in the employment contract, etc., so it cannot be deemed that an intervenor has the right
Even if the renewed right is recognized, the intervenor is in accord with the intervenor.