부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
The grounds for the decision on reexamination are as follows: (a) the Plaintiff worked as a driver of a school at B elementary school located in Pyeongtaek-gun, Gyeonggi-do (hereinafter referred to as “instant school”) from June 1, 2015 to December 31, 2015 (seven months); (b) from March 1, 2016 to December 31, 2016 (10 months); and (c) from March 1, 2017 to August 31, 2017 (6 months); and (d) the Intervenor’s Intervenor (hereinafter referred to as “ Intervenor”) as a local government establishes and operates the instant school.
On August 31, 2017, an intervenor terminated a labor contract with the Plaintiff on the grounds of the expiration of the contract term, and the Plaintiff asserted that the termination of the said labor contract constitutes unfair dismissal and filed an application for remedy with the Gyeonggi Regional Labor Relations Commission on October 13, 2017.
On December 7, 2017, the Gyeonggi Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy by deeming that “it is difficult to recognize the Plaintiff as being converted to an employee without a fixed period of time, and the Plaintiff’s right to expect the renewal of an employment contract is not recognized.”
On January 15, 2018, the Plaintiff dissatisfied with the above initial inquiry tribunal and applied for reexamination to the National Labor Relations Commission. However, on March 14, 2018, the National Labor Relations Commission rendered a decision dismissing the Plaintiff’s application for reexamination on the same ground as the initial inquiry tribunal.
(hereinafter “instant decision on reexamination”). On April 10, 2018, the Plaintiff was served with the written decision on reexamination.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire argument as to the legitimacy of the ruling on reexamination of this case was prepared by coercion. The plaintiff's resignation submitted to the school of this case to the school of this case, and the school of this case entered into an employment contract in accordance with the contract period of 23 months to avoid conversion into an employee without a fixed period of time, including the two-year period of employment contract, the total period of employment exceeds two years, and the plaintiff's work constitutes regular and continuous work.