부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including those resulting from the participation, are all assessed against the Plaintiff.
1. The background of the decision on the retrial of this case
A. The Intervenor establishes and operates the National University C, a national university under the Ministry of Education.
On March 7, 2016, the Plaintiff was appointed as a professor of contract at C University and served as a professor of contract.
B. Around July 2018, an intervenor issued a notice to the Plaintiff that the contract period for labor expires on August 31, 2018 (hereinafter “instant notice”). C.
The plaintiff asserted that the notification of this case constitutes an unfair dismissal, and applied for remedy to the Gyeongbuk Regional Labor Relations Commission.
On December 27, 2018, the Gyeongbuk Regional Labor Relations Commission dismissed the plaintiff's application for remedy on the ground that "the contract term stipulated in the labor contract concluded between the plaintiff and the plaintiff is merely merely in the form, or even if the contract term stipulated in the labor contract has expired for the plaintiff, it shall not be deemed that the plaintiff's right to expect renewal of the contract would be recognized if certain conditions are met." (D; hereinafter "the judgment of the first instance of this case").
The plaintiff was dissatisfied with the judgment of the first instance court of this case and applied for a review to the National Labor Relations Commission.
On April 18, 2019, the National Labor Relations Commission rendered the instant decision to dismiss the Plaintiff’s application for reexamination, deeming that the instant decision of the first instance was justifiable.
Facts without dispute, Gap evidence Nos. 4 and 9 and Eul evidence Nos. 3, Eul evidence Nos. 5-1 and 2, and the purport of the whole pleadings.
2. Whether the decision on the retrial of this case is legitimate
A. At the time of appointment of the Plaintiff on March 2016, the Director of Planning and Coordination Division E may work up to the retirement age unless there are any reasons attributable to the Plaintiff on the basis of performance evaluation as long as the government financial support project continues to exist.
was made.
After being appointed as a professor in a contract, the Plaintiff performed duties with professional knowledge in government-funded projects, including university specialization projects (hereinafter referred to as "CK projects").