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(영문) 서울행정법원 2013.08.30 2013구합6138

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

On June 10, 2010, on June 9, 2012, the date when the term of employment contract expires due to the termination of a type of termination of employment contract (e.g., refusal of renewal) on September 13, 2012, the date when the first arbitral tribunal was determined on June 9, 2012, which was the date when the Korea Research Institute (ETRI; hereinafter referred to as the "Research Institute of this case") which is a government-funded institution pursuant to the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act (hereinafter referred to as the "Research Institute of this case") was determined to be a industry-academia-research cooperation technology holding company established by fully investing the Plaintiff company and nine regular workers.

1. The modification of an employment contract to a contractual position shall be null and void by a bad declaration of intention; 2. The above modification shall be valid;

Even if the intervenor's right to renew is recognized, and the plaintiff company has refused to renew without reasonable grounds, it is unfair. On January 21, 2013, the date of the decision on reexamination of the contents of the adjudication (maintenance of the first trial court) and the reasons for rejection of the application for reexamination of the contents of the adjudication (maintenance of the first trial court) are as follows. There is no dispute over the grounds for recognition, the entries in Gap Nos. 1-4, 6 and evidence No. 12-1-3

1. Details of the decision on retrial;

2. Whether the decision on the retrial of this case is lawful

A. The Plaintiff’s assertion 1 did not provide personnel regulations, etc. at the time of employing the Intervenor. As such, the Plaintiff Company and the Intervenor concluded a labor contract with the intent to comply with the enactment of various future regulations instead of setting the term of the labor contract, and thereafter, the personnel regulations were established to convert all employees into regular employees after deliberation at the time of termination of the term of the contract after employing all employees as a two-year contract worker. Accordingly, the period of the labor contract was changed to two years by the existing employees, including the Intervenor. As such, the Intervenor agreed to the change of the term of the labor contract as the team leader, who was in charge of changing the term of the labor contract,