부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. The Intervenor is a corporation that employs approximately 1,00 full-time workers and provides elementary, middle, and high school education (hereinafter “university”), which establishes and operates C University, and C University’s attached elementary, middle, and high schools, and affiliated kindergartens. The Plaintiff was discharged from the Army under the Army Order around 44 years of age, and was employed as a faculty member of the Seoul Campus Military Training Group of the University (hereinafter “School Group”). < Amended by Presidential Decree No. 19069, Nov. 1, 2005>
B. On October 31, 2005, the Intervenor entered into a three-year employment contract with the Plaintiff and renewed the employment contract on a yearly basis. On September 1, 2014, the Intervenor entered into an employment contract with the period from November 1, 2014 to October 31, 2015 (hereinafter “instant employment contract”).
C. On September 10, 2015, the Intervenor notified the Plaintiff of the termination of the instant employment contract on the grounds that the instant employment contract term expires on October 31, 2015.
(hereinafter “instant termination notification”) D.
The Plaintiff filed a petition for remedy with the Seoul Regional Labor Relations Commission on September 25, 2015. However, on November 24, 2015, the Seoul Regional Labor Relations Commission constitutes the period of use for fixed-term workers under Article 4(1)5 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “fixed-term Act”) and Article 3(2)2 of the Enforcement Decree of the same Act, where the instant employment contract provides jobs through government’s welfare policies, unemployment measures, etc., and where the provision of jobs is made for the promotion of employment and stabilization of livelihood of discharged soldiers pursuant to Article 3 of the Support for Discharged Soldiers Act or Article 4(1)6 of the Fixed-Term Military Personnel Act and Article 3(3)2 of the Enforcement Decree of the same Act.