부당해고구제재심판정취소
1. On June 10, 2015, the National Labor Relations Commission rendered the Central Posting Culture Broadcasting between the Plaintiff and the Intervenor.
The plaintiff is a company established on April 16, 1971 for the purpose of broadcasting business, etc. when employing 100 full-time workers.
On December 17, 2012, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) entered into a contract for internship labor under the following conditions with the Plaintiff:
1. The term of a labor contract: From December 24, 2012 to January 23, 2013 (one month);
2. Place and details of duties - Place and department of duties: news report producer B team - Contents of duties: duties;
5. Remuneration - The monthly remuneration for one-month contract period shall be 1.5 million won, and the plaintiff shall pay it through the deposit account designated by the intervenor at the end of the contract period.
- If the number of working days per month is less than the number of working days, a monthly contract shall be reduced by 1/30 per day.
- The intervenor shall bear all taxes and public charges on the income arising from the contract at issue.
6. The contract may be terminated in any of the following cases:
- When employed by fraud or other improper means is discovered - When he/she causes social water or violates a duty to maintain dignity - when he/she has breached a duty to maintain good order or instruction of a manager - when he/she is unable to perform his/her duty beyond his/her body or mental disorder - when his/her working attitude is very poor, such as absence from work, dismissal, etc. - when any
7. Other - The plaintiff shall employ the intervenor as a temporary contract worker (two years) through evaluation after the expiry of the internship period.
Provided, That the evaluation criteria shall be referred to in the subparagraphs of Article 6.
- The plaintiff shall actively review employment as regular workers (inorganic contract positions) when the intervenor's work performance is excellent during the time-term contract period.
An intervenor had worked in the Plaintiff Company as an intern for one month pursuant to the above contract. On January 23, 2013, the intervenor entered into a contract between January 24, 2013 and January 23, 2015 with the Plaintiff as a contract-based employment contract with the term of contract from January 24, 2013 to January 23, 2015, and as stipulated in the above contract, until January 23, 2015.