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(영문) 서울고등법원 2012.07.18 2011누27799

부당해고구제재심판정취소

Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. The total cost of the lawsuit is due to the participation.

Reasons

(b) A company subject to conversion: A company subject to conversion: A company subject to conversion: A company subject to conversion from among the persons subject to a separate revaluation after being assigned to each department, in consideration of the demand of human resources of each department (a person subject to the postponement of conversion shall conduct secondary evaluations before the expiration of the contract and determine conversion or termination of the contract, but the final contract termination person shall be at least 10 per cent of the contract) - A company subject to evaluation - A company subject to the three stages (the head of a department-executive in charge-representative) - A company head of a department: A company subject to the two stages (executive in charge-representative) : The main contents of recommendations to introduce a new personnel system based on performance results during the second

5. Status conversion and new employment;

(a) Workers who worked for a period of two years: Conversion into regular positions and termination of the contract through an appraisal before the termination of the contract;

(b) A full-time worker: A full-time conversion, maintenance of employment and termination of a contract through an assessment before the termination of the contract;

C. As of January 2010, an employer shall, in principle, be employed as a full-time employee; however, a person employed as a full-time employee in consideration of job characteristics, management environment, etc. is subject to six months after the application of a full-time employment period. Determination of whether to be employed as a full-time employee? Determination of whether to be employed as a full-time employee is made as of the date of entry into force of the fixed-term employment Act* Calculation of the continuous employment period as of August 26, 2009, and the Plaintiff received the consent of the Intervenor including the Intervenor by sending to the department the document

B) On July 6, 2009, the first evaluation Plaintiff, including the intervenors, conducted the first evaluation that the head of the department, in order to convert the contract-based workers into full-time workers with 156 employees, who are contractual workers, including the intervenors, should evaluate the contract-based workers who are the relevant department. As a result of the first evaluation, the Intervenor, as a result of the first evaluation, was the first evaluation that was conducted by the head of the department, at 86, the 5th (3 workers, including the Intervenor A, were the joint 5th) of the 7 vice heads of the D

It is the general sense that the opinion of the head of the department is "the transfer of the department after the full-time conversion", and the intervenor A performs the work that he/she has left at present with a sincere attitude and positive mind.