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(영문) 서울행정법원 2019.02.15 2018구합61567

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. An intervenor is a local public enterprise that operates business such as management, maintenance, and repair of facilities within the high city jurisdiction, including the sports center B (hereinafter “instant sports center”).

On June 27, 2014, the Plaintiff entered into an employment contract with the Intervenor to set the period of work as “from July 1, 2014 to February 28, 2015” and worked as a C lecturer at the instant sports center.

B. On or around March 1, 2015, the Plaintiff and the Intervenor set the working period as “from March 1, 2015 to January 31, 2016” and “general instructor” refers to fixed-term workers, etc. working as instructors at the instant sports center.

[See Articles 2 and 3 of the Standards for Operation of Fixed-Term Workers (General Instructors) (see Article 2 and Article 3 of the Evidence No. 4). After entering into an employment contract, the sports center in this case has continuously worked as a C lecturer.

Around February 1, 2016 (from February 1, 2016 to September 30, 2016) and around October 1, 2016 (from October 1, 2016 to September 30, 2016), respectively, renewed a labor contract. (c) On June 13, 2017, the Plaintiff filed an application for childcare leave with the Intervenor for the period of childcare leave from July 1, 2017 to June 30, 2018, the Plaintiff filed an application with the Plaintiff for the period of childcare leave under the proviso to Article 7(1) of the Labor Relations Commission Act, stating that the end of the period of childcare leave falls under the Plaintiff’s labor contract as of September 30, 2017, and the period of childcare leave under Article 7(1) of the Enforcement Decree of the Labor Relations Commission Act, which is the date of termination of the labor contract (hereinafter “the Plaintiff’s labor contract as of September 27, 2017”).

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