부당해고구제재심판정취소
The plaintiff's claim is dismissed.
The plaintiff's motion for adjudication on the constitutionality of law is dismissed.
The costs of lawsuit.
1. Causes and contents of the decision in the retrial;
A. On November 6, 2012, the Plaintiff was employed by the Busan Regional Police Agency C police station (hereinafter “instant police station”) and entered into an employment contract with the Defendant’s Intervenor (hereinafter “ Intervenor”) as indicated in the following table (hereinafter “instant employment contract,” each of which is set forth by the sequence of each employment contract), and the instant police station’s “boil management and facility management” was in charge of boiler management and facility management.
The term of contract on the date of entering into an agreement is from November 6, 2012 to December 31, 2012, 2012, to December 31, 2013; or from January 1, 2013 to December 31, 2013; or from January 1, 2014 to December 31, 2014 on December 31, 2014; or from December 31, 2014 on December 1, 2014, December 1, 2015 to December 31, 2015;
On November 2, 2016, the “Examination Committee on Contract Renewal for Fixed-Term Workers” of the instant police station decided to renew the employment contract with three fixed-term workers, including the Plaintiff, and to renew the employment contract with the Plaintiff and not renew the employment contract with the Plaintiff.
C. On November 2, 2016, the Intervenor notified the Plaintiff of the refusal to renew the labor contract (hereinafter “instant refusal to renew the labor contract”) stating that “the contract shall be terminated in accordance with Article 22 of the Regulations on the Management of Life Contracts and Fixed-Term Workers, etc. of the National Police Agency,” and the Plaintiff served until December 31, 2016 at the instant police station in accordance with the instant notification.
On January 18, 2017, the Plaintiff filed an application for remedy with the Busan Regional Labor Relations Commission by asserting that the refusal to renew the instant labor contract constitutes unfair dismissal, but the Busan Regional Labor Relations Commission dismissed the application for remedy on March 16, 2017.
E. On April 14, 2017, the Plaintiff filed an application for review with the National Labor Relations Commission seeking the revocation of the determination of the Busan Regional Labor Relations Commission.
The National Labor Relations Commission on June 26, 2017 referred to as the "Plaintiff" is a fixed-term worker, but there is no right to renew the labor contract, and the refusal to renew the labor contract in this case constitutes an unfair dismissal.