부당해고구제재심판정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.
1. On September 29, 2009, an intervenor in the process of the instant decision on reexamination was employed and worked for the Plaintiff on September 29, 2009, and was notified of the expiration of the term of the labor contract on October 13, 2012, and filed an application for remedy with the Seoul Regional Labor Relations Commission.
On April 5, 2013, the Seoul Regional Labor Relations Commission dismissed the Intervenor’s request for remedy, but the National Labor Relations Commission rendered a decision of review accepting the Intervenor’s request for review (hereinafter “instant decision of review”) on the ground that the Intervenor’s request for remedy was made before the Intervenor’s expiration of the term of labor contract.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2
2. Whether the decision on the retrial of this case is lawful
A. On September 29, 2012, the Plaintiff’s assertion and the Intervenor determined on October 13, 2012 as the expiration date of the labor contract through the conclusion of the labor contract on September 29, 2012. As such, the Intervenor’s labor contract was automatically terminated due to the expiration date and cannot be deemed as dismissal of the Plaintiff’s labor contract. (A) From 2010 to 2010, the Plaintiff of the Broadcasting and Communications R&D business concluded an agreement on the promotion and management of the Broadcasting and Communications R&D business with the Korea Communications Commission on an annual one-year basis with the Korea Communications Commission and conducted the business. As such, the Plaintiff’s labor contract was established by the Information and Communications Technology Promotion Center on August 30, 2013, and transferred the Plaintiff’s broadcasting and communications R&D business to the Information and Communications Technology Promotion Center on May 30, 2014.) The Intervenor’s labor contract was publicly announced as an open recruitment of employees on August 28, 2019.
9. 29. The Intervenor, who applied for this, was employed as a contractual position Grade III as of December 31 of the same year during the contract period.
After that, the intervenor's employment contract has been renewed three times, and the contract was renewed on September 28, 201.