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(영문) 대전지방법원 2014.01.29 2013가합4849

근로자지위확인 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Party relationship 1) The Defendant is a researcher established for the purpose of basic science research, etc., and as an affiliated organization of the C Research Institute (hereinafter “Research Institute”).

(2) On September 1, 2008, the Plaintiff entered into an employment contract between the research institute and the term of the contract from September 1, 2008 to December 31, 2010 (hereinafter “instant employment contract”) and worked as an appointed researcher.

B. The Agency shall conduct a comprehensive individual evaluation of the Plaintiff once a year for its employees, and reflect the results in promotion and re-contracts, etc., the Agency’s individual comprehensive evaluation guidelines (hereinafter “instant evaluation guidelines”).

According to the following, the Plaintiff is allocated the number of persons to be the 10% S, Class A 20%, Class B 40%, Grade C 20%, and Grade D 10%. 2) The Plaintiff received the lowest D class in the comprehensive evaluation in 2009 and the comprehensive evaluation in 2010.

(C) The Plaintiff filed an objection against the results of the comprehensive evaluation in 2010 on the following grounds: one (10) among the 10 evaluation subjects; four (40%) among the 10 evaluation subjects; five (50) evaluation subjects; one (11) evaluation subjects; two (2) evaluation subjects; two (3) evaluation subjects; (1) the two (1) evaluation subjects; (1) the two (1) evaluation subjects; (1) the two (1) evaluation subjects; (1) the two (2) evaluation subjects; (1) the first (1) evaluation subjects; and (4) the first (1) evaluation subjects; and (2) the fourth (1) evaluation subjects; (2) the first (1) evaluation subjects; and (1) the fourth (11.1%) among the nine (24) evaluation subjects; and (2) the research institute did not accept the aforementioned objection.

C. On January 31, 201, the Research Institute’s refusal to renew a labor contract and ipso facto retirement 1 research institute held a personnel committee on January 25, 201 to deliberate on whether to renew a contract with the Plaintiff and three others, and decided on the renewal of a contract with the Plaintiff except the Plaintiff as the original one.