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(영문) 부산지방법원 2015.11.27 2014구합4208

근로자지위확인

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1. From January 1, 2015, the Plaintiff set the period with the Defendant regarding the Defendant’s projects for promoting the integrated health of local communities.

Reasons

1. Basic facts

A. The defendant is a local government that establishes and operates a so-gu public health clinic under its jurisdiction. The plaintiff is a physical therapy worker who works for the above public health clinic as a human resources in charge of visiting health care.

B. The Ministry of Health and Welfare entered into an employment contract and renewal of the contract between the Plaintiff and the Defendant (1) around 2012 by integrating the 17 individual projects (including visit health management projects, community-oriented rehabilitation in community, and integrated health care services, etc.) that a local government had conducted for the purpose of health care in a healthy living environment, prevention of chronic diseases, and health care for vulnerable class, from January 1, 2013 to manage them at all times and continuously. Accordingly, visit health management projects were one of the projects for community integration health promotion projects from January 1, 2013 to local community integration projects (hereinafter referred to as “integrated visit health management projects”), and the visit health management projects prior to the integration as above are referred to as “integrated visit health management projects” and the visit health management projects prior to the integration as above.

(2) The Plaintiff, from January 2008 to December 2012, 2012, was a person in charge of the visit health management business prior to the integration, and was a person in charge of the visit health management business after integration in 2013 and in 2014, a fixed-term employment contract was renewed on an annual basis with the Defendant.

C. The Defendant’s notification on the expiration of the contract term and employment of a part-time public official on a part-time basis (1) from November 201, 2013, the Plaintiff demanded an inorganic contract transition through group negotiations with the Defendant, but the Defendant rejected such request and then notified the Plaintiff that the contract term expires as of December 31, 2014 (hereinafter “the notice of the expiration of the contract term”).

2) Since December 10, 2014, the Defendant was a public official on a part-time basis who will be engaged in a visiting health management project (such as nurses, physical clinics, etc.) after integration.