근로자지위확인
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.
1. Basic facts
A. The defendant is a local government that establishes and operates a swimming-gu public health clinic under its jurisdiction, and the plaintiff is a physical therapy worker who works as a human resources in charge of visiting health care in the above public health clinic.
B. The Ministry of Health and Welfare entered into an employment contract and renewal of the contract between the Plaintiff and the Defendant (1) around 2012 by integrating the 17 individual projects (including visit health management projects, community-oriented rehabilitation in community, and integrated health care services, etc.) that a local government had conducted for the purpose of health care in a healthy living environment, prevention of chronic diseases, and health care for vulnerable class, from January 1, 2013 to manage them at all times and continuously. Accordingly, visit health management projects were one of the projects for community integration health promotion projects from January 1, 2013 to local community integration projects (hereinafter referred to as “integrated visit health management projects”), and the visit health management projects prior to the integration as above are referred to as “integrated visit health management projects” and the visit health management projects prior to the integration as above.
(2) From September 1, 2010, the Plaintiff was employed as a person in charge of the Defendant’s pre-integrated visit health management services. From September 1, 2010, until 2014, the Plaintiff has renewed the fixed-term employment contract every year with the Defendant and entered into a new employment contract.
3) Meanwhile, workers, including the Plaintiff, engaged in the business of visiting health care before and after the consolidation of the Defendant, including the Plaintiff, received retirement allowances from the Defendant each year every time the contract term of each fixed-term employment contract expires. (c) The Defendant’s notification of the expiration of the contract term and the employment of part-time public officials employed on a fixed-term basis, including the Plaintiff, demand for a conversion of the occupation of weapons through a group negotiation with the Defendant from December 2013 to several times. However, the Defendant requested a conversion of the occupation of weapons through a group negotiation with the Defendant.