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(영문) 대전지방법원 2017.09.13 2017구합246

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On August 1, 2015, the Plaintiff was employed as an assistant nurse at the Chungcheongnam-do Medical Center for Chungcheongnam-do (hereinafter referred to as the "astronomical Medical Center") and served as the assistant nurse.

On June 29, 2016, the Bocheon Medical Institute notified the Plaintiff on July 31, 2016 that the labor contract between the Plaintiff and the Bocheon Medical Institute is terminated on the expiration of the contract term.

(hereinafter “instant refusal to renew a contract”). The Plaintiff filed an application for remedy with the Chungcheong Regional Labor Relations Commission by asserting that the refusal to renew a contract of this case constitutes unfair dismissal. On September 29, 2016, the Chungcheongnamnam Regional Labor Relations Commission was employed as a fixed-term worker of one year in the term of a contract and has the right to renew a contract of employment. However, the refusal to renew a contract of this case had reasonable grounds and dismissed the Plaintiff’s application for remedy.

(J) On November 3, 2016, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the same ground as the first inquiry court on February 1, 2017.

(C) The Plaintiff’s refusal to renew the instant decision on reexamination of reexamination of reexamination of reexamination of reexamination of reexamination of reexamination of this case constitutes unfair dismissal for the following reasons, and thus, the instant decision on reexamination of reexamination of reexamination of reexamination of this case, which was justifiable, should be revoked as unlawful.

On August 1, 2015, the Plaintiff was a worker who entered into an employment contract without a fixed period of time because the Plaintiff did not prepare a written employment contract specifying the term of the employment contract as one year while becoming a member of the astronomical Medical Institute, but the astronomical Medical Institute rejected the instant renewal based on the Plaintiff’s work performance rating, asserting that the term of the Plaintiff’s employment contract was one year. This constitutes an unfair dismissal

(hereinafter referred to as “(i) assertion.” Even if the Plaintiff entered into an employment contract with no fixed period.