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(영문) 대전지방법원 2015.07.15 2014가합4259

해고무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a corporation that is established with the full contribution of Daejeon Metropolitan City on August 31, 2007 and runs the cultural industry promotion-related business by using 20 full-time workers.

The contract term class 1 from October 26, 2007 to October 25, 2008 (1 year from October 25, 2008) contract-based Class A (B) contract-based employment (1 year from October 26, 2008 to October 25, 2009) contract-based employment class B (1 year from October 26, 2009 to October 25, 201, the contract-based employment class A (2 year from October 26, 201 to October 25, 201) 4 contract-based employment class A (B) 7 years from October 26, 201 to October 26, 201, the Plaintiff renewed the contract term as follows.

On April 12, 2012, the defendant filed a complaint with the Daejeon District Public Prosecutor's Office on the charge of occupational breach of trust, etc. on April 27, 2012, ordered the plaintiff to wait at his own home until the conclusion of the complaint case, and released the plaintiff from his position.

On October 25, 2012, the Defendant notified the Plaintiff of the expiration of the contract term (hereinafter “instant notification”).

On October 29, 2012, the prosecutor of the Daejeon District Prosecutors' Office issued a non-prosecution disposition against the plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the claim to nullify dismissal

A. (1) The Plaintiff’s assertion as to whether to convert a contract into a contract of indefinite employment) was converted to a contract of indefinite employment pursuant to Article 4(2) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “ Fixed-Term Act”) on October 26, 2009, when two years have passed since the Plaintiff entered the Defendant and entered the Defendant.

B) The instant notification constitutes a de facto dismissal and is null and void as there is no justifiable reason. (2) The instant notification constitutes a contract-based class (B) of 1007-10/100 to October 25, 2008.