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(영문) 대전지방법원 2016.12.07 2016구합101418

부당전보구제재심판정취소

Text

1. On February 18, 2016, the National Labor Relations Commission appears to be a clerical error on February 18, 2015 of the purport of the claim.

The plaintiff and the defendant

Reasons

(2) Around February 28, 201; the term of a contract from March 1, 2011 to February 29, 2012; the term of a contract from February 2012 to February 28, 2012; the term of a contract from March 1, 2012 to February 28, 2013; the term of a contract from February 28, 2013 to February 28, 2013; the term of a contract from March 1, 2013 to February 28, 2014; and the term of a contract from February 28, 2014 to February 26, 2015; and each period of a contract was concluded with the respective major contents as follows: < Amended by Act No. 12437, Mar. 1, 2012; Act No. 12487, Feb. 28, 2014>

Accordingly, from March 1, 2010 to February 28, 2015, the intervenor worked as a tour instructor at the center of this case and took charge of the circuit education for persons eligible for special education mainly, and the center support work (special education support work) of this case was also carried out incidentally.

1. Trade names: On-the-job tour instructors;

2. Place of work and affairs in charge;

(a) Place of service: The center in this case (education support department);

(b) Details: Support for the duties of special education students, circuit education for students and the center of this case;

4. Number of working days: 365 days; and

5. Working hours;

(a) Month day or Triday: 09:0-18:00 (including one-time hours of recess) * 12:00-13:00 hours out of 12:00-13:00 (in consideration of the special nature of the duties of the one-timetime);

7. Other conditions.

(a) Matters not specified in this Agreement shall be governed by the relevant provisions of labor-related Acts and subordinate statutes, such as personnel management regulations of indefinite contract workers (including fixed-term workers) and Labor Standards Act.

B. On February 28, 2015, the Plaintiff notified the Intervenor of the termination of the labor contract as of February 28, 2015, and the Intervenor filed an application for unfair dismissal with the Busan Regional Labor Relations Commission on March 2, 2015, asserting that the said Intervenor’s notification constitutes unfair dismissal, and filed an application for unfair dismissal with the Plaintiff on April 23, 2015. The Gyeongbuk Regional Labor Relations Commission on April 23, 2015 (hereinafter “fixed-term Act”).

The plaintiff's notification of the termination of the employment contract on the ground of the expiration of the employment contract is an unfair dismissal even though it has been converted to an employee with no fixed time limit.