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(영문) 서울고등법원 2015.04.03 2014나2003038

해고무효확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 16, 2011, the Plaintiff entered into a labor contract with the Defendant for the term of the contract between June 11, 201 and June 10, 2012 (hereinafter “instant labor contract”) as a corporation operating a tourist hotel business by using approximately 300 full-time workers and operating a “C hotel” at the seat of its head office. (2) On March 16, 2011, the Plaintiff entered into a contract with the Defendant for the term of the contract from June 11, 201 to June 10, 201.

B. Around July 12, 2011, the Plaintiff participated in the strike joined a C Hotel trade union with the Defendant’s employees organized.

C Hotel trade unions conducted full-time strike (hereinafter “instant strike”) from January 3, 2012 to February 8, 2012, and the Plaintiff participated in the instant strike only by contract workers, but returned to work January 26, 2012.

C. On May 14, 2012, the Defendant conducted a personnel evaluation and interview with the Plaintiff (hereinafter “instant personnel evaluation”) on May 14, 2012, and conducted an interview with the Plaintiff (hereinafter “instant interview”) on May 29, 2012, while the Defendant’s representative director, vice president, general manager, managing director, and head of the guest room participated in the interview. The Plaintiff was given an average point of 61.3 points in the personnel evaluation of the instant case.

3) Based on the results of the above personnel evaluation and interview, the Defendant’s examination of whether to convert the Plaintiff into the Plaintiff’s regular workers (hereinafter “instant examination”).

) After having rendered a decision to exclude the Plaintiff from the subject of full-time conversion, and notified the Plaintiff of May 30, 2012 (hereinafter “instant refusal of conversion”).

D. On December 13, 2010 between the hotel trade union and the defendant under the relevant provisions of the collective agreement.