근로에관한 소송
1. Ascertainment that the plaintiff has a status as an employee with no fixed period of time.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. Defendant B Corporation (hereinafter “Defendant Corporation”) was established for the purpose of contributing to the stabilization of the residential life and the improvement of welfare of citizens through the development and supply of housing sites, housing construction, improvement, supply, management, etc. in accordance with the Local Autonomy Act, the Local Public Enterprises Act, and the Ordinance on the Establishment and Operation of the Corporation” on December 21, 198, and was established as a local public enterprise by investment in C.
B. On March 4, 2013, the Defendant Corporation issued a “Public Notice of Employment of Marketing Experts” as follows:
(A) No. 5, hereinafter referred to as the “instant Employment Notice”); 1. Sales experts (related to the promotion of sales of unregistered Land (Housing Site) who are in charge of contract workers (careers) in the recruitment field and the type of employment;
2. A person who falls under any of the following detailed requirements for qualification for support and has at least two years’ work experience in the relevant business:
3. A person who has excellent performance in making a decision on consultation based on his/her work experience after at least one year has passed the level of remuneration for working conditions during the contract period, shall be converted
C. According to the recruitment announcement of this case, the Plaintiff supported the marketing experts of Defendant Corporation, and the Defendant Corporation selected seven applicants, including the Plaintiff, as marketing experts.
On March 25, 2013, the Plaintiff entered into a labor contract with Defendant Corporation (hereinafter “instant labor contract”).
The Plaintiff’s annual salary under the instant employment contract was KRW 51,550,080.
Article 2 (Duties in Charge) The annual salary amount under Article 5 (Remuneration, etc.) from March 25, 2013 to March 24, 2014 under Article 4 (Period of Employment Contract), such as Land and Housing for Sale, etc. (Provided, That it may be modified and adjusted as required by Defendant Corporation): The Plaintiff’s status under Article 7 (Status and Termination of Employment Contract) of the annual salary contract shall be the contractual worker, and the employment contract shall be terminated at the time of expiration of the contract period.
Article 8 (Termination of Contract) (1) The defendant Corporation may terminate an employment contract in any of the following cases: