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(영문) 대전지방법원 2016.04.21 2015구합105710

부당해고구제재심판정취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. Under Article 2(2) of the Local Autonomy Act, the Defendant’s assistant intervenor is a local government that operates C-Gu public health centers as one of the places of business while employing more than 600 full-time workers and rendering public services, such as residents’ welfare and self-government administration. Plaintiff A is a local government that operates C-Gu public health centers as one of the places of business, and Plaintiff B works as a visiting nurse on October 1, 201 as a part-time worker in C-Gu public health centers, and Plaintiff B works as a visiting nurse on December 31, 201, and was notified of the expiration of the term of labor contract as of December 31, 2014.

B. On December 31, 2014, the Plaintiffs asserted that notification of the expiration of the term of the labor contract made by the Intervenor joining the Defendant as of December 31, 2014 constituted unfair interest and unfair labor practices, and filed a request for remedy with each Busan Regional Labor Relations Commission on February 10, 2015, along with the trade union.

A visiting health management business cannot be subject to the proviso of Article 4(1) of the Fixed-term Act. Even if the above proviso is applicable, since the main sentence of Article 4(1) of the Fixed-term Act was applied from January 1, 2013 to the Ministry of Health and Welfare in accordance with the guidelines of the Ministry of Health and Welfare, the Plaintiffs constitute a case where the Plaintiffs worked for more than two years including the period before January 1, 2013, and thus, the labor contract without a fixed period should be deemed to have been concluded.

In addition, even though the renewal right has been formed in light of the fact that the labor contract has been renewed for several years, the defendant's assistant intervenor notified the expiration of the contract term of this case on December 31, 2014 without reasonable grounds, for the reason that the contract term has expired as of December 31, 2014. This constitutes unfair dismissal, and it is inevitable to regard the plaintiffs and the labor union as unfair labor practices.

C. On May 7, 2015, Busan Regional Labor Relations Commission is difficult to recognize the Plaintiffs’ legitimate expectation right to renew their labor contracts.