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(영문) 서울행정법원 2018.10.18 2018구합58387

부당해고구제재심판정취소

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On February 26, 2018, the National Labor Relations Commission made an application for reexamination of the unfair dismissal (No. 1283) on February 26, 2017.

Reasons

Details and details of the retrial ruling

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a limited partnership that employs 26 full-time workers and provides automobile (city bus service) services.

B. On August 17, 2015, the Plaintiff concluded a one-year fixed-term employment contract with the intervenor company on August 17, 2015 when the intervenor company’s retirement age expired, and served as a driver after being employed in the intervenor company, and served as the chief of the management department from November 2015.

On August 17, 2016, the Plaintiff did not prepare a separate employment contract with the intervenor company and renewed the said employment contract, and served as a driver from December 12, 2016.

(hereinafter “instant employment contract”). C.

Around July 11, 2017 and July 15, 2017, the Intervenor Company notified the Plaintiff that the labor relationship is terminated upon the expiration of the term of the instant labor contract (hereinafter “instant refusal to renew the labor contract”). D.

On September 28, 2017, the Plaintiff filed an application for remedy with the Gangwon Regional Labor Relations Commission by asserting that the refusal to renew the instant labor contract constitutes unfair dismissal.

On November 29, 2017, Gangwon Regional Labor Relations Commission rendered a decision to dismiss the application for remedy.

E. On December 27, 2017, the Plaintiff filed an application for reexamination seeking the revocation of the said determination with the National Labor Relations Commission, and on February 26, 2018, the National Labor Relations Commission rendered a ruling dismissing the said application for reexamination on the ground that “the Plaintiff has the right to renew the instant labor contract, but the refusal to renew the instant labor contract is not an unfair dismissal, on the grounds that there are reasonable grounds (hereinafter “instant decision for reexamination”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 9, the purport of the whole pleadings

2. Whether the decision on the retrial of this case is lawful

A. Article 23 (Restrictions on Dismissal, etc.) (1) of the Labor Standards Act provides that an employer shall not dismiss, lay off, suspend, transfer a worker, reduce wages, and take other disciplinary measures (hereinafter referred to as “unfair dismissal, etc.”) without justifiable grounds.