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(영문) 인천지방법원 2016.02.04 2015가합4975

무효 확인 및 위자료

Text

1. Of the instant lawsuits, the part of the claim for nullification of the employment contract dated June 9, 2015 is dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Defendant, as a housing management company, entered into an entrusted management contract with the Yeonsu-gu Incheon Metropolitan Government B (hereinafter “instant apartment”) management body on February 25, 2015 (hereinafter “instant apartment”), and is a company that manages the common areas of the building and ancillary facilities.

B. On June 9, 2015, the Plaintiff entered into an employment contract with the Defendant (hereinafter “instant employment contract”) with the following content.

Employment place: Business in charge of security service (security service): From June 9, 2015 to September 30, 2015, this contract shall be automatically terminated if the entrusted management contract for the employment place is terminated or terminated in the middle of the contract, regardless of the above contract period.

C. Article 16 Subparag. 4 of the Defendant’s rules of employment provides that “When the term of employment contract expires if the term of employment is fixed, the term of employment expires.”

On August 8, 2015, the Defendant notified the Plaintiff of the termination of the instant employment contract on September 30, 2015 (hereinafter “instant employment contract termination notification”) on the following grounds.

Where the term of a labor contract under Article 16 subparagraph 4 of the Rules of Employment is fixed, when the term of a labor contract expires, the entry in subparagraphs 1 through 6, 1 through 15, and the purport of the whole pleadings in the labor contract at the time of expiration of the term of a labor contract (based on recognition) from June 9, 2015 to September 30, 2015

2. Determination as to the claim to nullify the invalidity of the instant employment contract and notice of termination of the employment contract

A. The Plaintiff’s assertion 1) on June 9, 2015, when entering the Defendant, the Plaintiff was notified of the term of the employment contract to one year, and the Defendant entered the employment contract to the Plaintiff on June 15, 2015, and on June 15, 2015, the term of the contract to the Plaintiff from June 9, 2015 to September 30, 2015 (Evidence 1; hereinafter “instant employment contract”).

I suggested.