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(영문) 서울행정법원 2021.01.21 2019구합88996

부당해고구제재심판정취소

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1. The case where the National Labor Relations Commission filed an application for reexamination of unfair dismissal remedy among the Plaintiff and the Intervenor joining the Defendant on October 24, 2019.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a juristic person that is established pursuant to Article 76 of the Local Public Enterprises Act and employs approximately 400 full-time workers and engages in the management and operation of public facilities and the business entrusted by the State, local governments, and public organizations.

From January 1, 2016 to April 28, 2019, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a person who served in the “E Center” under the “D Center” (hereinafter referred to as the “Center”) operated by the Plaintiff entrusted by the Ulsan Metropolitan City from January 1, 2016 to April 28, 2019.

B. On April 28, 2019, the Plaintiff notified the Intervenor that the contractual relationship expires (hereinafter “instant notification”).

(c)

On May 9, 2019, an intervenor filed an application for unfair dismissal with the Ulsan Regional Labor Relations Commission on the instant notification.

The Ulsan Regional Labor Relations Commission, on July 3, 2019, can be deemed to have concluded a fixed period of labor contract between the Plaintiff and the Intervenor, and since the labor contract was newly concluded every year through a substantive open recruitment procedure, the participant does not have a fixed period of time under the former Act on the Protection, etc. of Fixed-Term and Part-Time Workers (amended by Act No. 17326, May 26, 2020; hereinafter “former Act”) and the participant has a right to expect renewal.

The decision was made to dismiss a request for remedy by a participant on the ground that it cannot be seen as "the case is."

(d)

On August 16, 2019, the intervenor filed an application for review with the National Labor Relations Commission to seek the revocation of the above first instance judgment.

On October 24, 2019, the National Labor Relations Commission changed the period of continuous work of the participants to those who have entered into an employment contract with no de facto fixed period in accordance with Article 4(2) of the former Act at the time when the period of continuous work exceeds two years since there are no grounds for exception under the former Act.

The plaintiff's notification of this case is maintained in relation to the labor contract with the participant.