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(영문) 서울행정법원 2015.05.14 2014구합14396

부당해고구제재심판정취소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Details of the decision on retrial;

A. On March 8, 2013, the Plaintiff concluded a labor contract with the council of occupants’ representatives with the Yangcheon-gu Seoul Metropolitan Government B apartment (hereinafter “B apartment”) on the terms of contract from March 8, 2013 to June 30, 2013 on the condition that the Plaintiff will work as security guards in B apartment.

B. An intervenor is a company that ordinarily employs 360 workers and runs security service business, etc.

On May 15, 2013, the intervenor entered into a contract with the council of occupants' representatives of B apartment units for the contract period from June 1, 2013 to May 31, 2015 and agreed to succeed to the employment of security guards who worked in B apartment units at the time of entering into the said contract.

C. Around June 1, 2013, an intervenor entered into a new employment contract with 40 security guards (hereinafter “40 security guards, including the Plaintiff, etc.”) who worked in B apartment at the time, including the Plaintiff.

According to the former employment contract, the term of the contract was from June 1, 2013 to December 31, 2013, and was included that the term of the contract was from June 1, 2013 to December 31, 2013.

(hereinafter referred to as “instant employment contract”) between the Plaintiff and the Intervenor is referred to as “instant employment contract.”

On November 2013, an intervenor created a document stating that "the labor contract with workers who had entered into a labor contract with B apartment council is terminated on December 31, 2013, and later, when entering into a renewal contract with the intervenor, 40 persons, including the plaintiff, etc., were signed by the plaintiff et al. at around 2013.