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(영문) 부산고등법원 2016.08.24 2015누24161

근로자지위확인

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts and

2. The reason why the plaintiff's assertion is used is that the following is added to the second page 8 of the judgment of the court of first instance, and the part of the "written evidence Nos. 1 through 5, 7 through 13, 28 through 30," among the 3 through 5 of the same 4 of the 4 of the 3rd page 5 of the same 5 of the same 4 is the "written evidence Nos. 1 through 5, 28 through 30," and the corresponding part of the judgment of the court of first instance is the same as that of the corresponding part of the grounds of the judgment of first instance. Thus, it is cited pursuant to Article 8 (2) of the Administrative Litigation

On the other hand, the defendant, who is dissatisfied with the above review decision by the National Labor Relations Commission, filed a lawsuit seeking the revocation of the above review decision by 2015Guhap77233 of the Seoul Administrative Court. On May 26, 2016, the above court accepted the defendant's claim and rendered a judgment revoking the above review decision.

At present, the case is pending in the appellate court as Seoul High Court 2016Nu50978.

A person shall be appointed.

3. Determination

(a) the relevant statutes and regulations;

B. The reasons why this part of the judgment on the claim No. 1 is used are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited as it is.

C. In the case of an employee who has entered into an employment contract within a fixed period of one month for determination on the second proposal, the status relationship as an employee shall be terminated as a matter of course by the expiration of the period, and if the employment contract is not renewed, the employee shall be automatically dismissed even without the declaration of refusal

However, there is a provision that the labor contract shall be renewed upon the fulfillment of certain requirements despite the expiration of the term of validity in the labor contract, employment rules, collective agreement, etc., or considering the various circumstances surrounding the labor relationship in question, such as the contents of the labor contract and the motive and circumstances leading up to the formation of the labor contract, the standards for renewal of the contract, etc.