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(영문) 대전지방법원 2020.10.08 2019구합1434

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The intervenor is a corporation that is established on November 1, 1979 and employs approximately 170 workers and operates urban bus bus passenger transportation business.

B. On April 10, 2014, the Plaintiff entered into a commission-based employment contract (hereinafter “instant employment contract”) between the Intervenor and the Intervenor from April 10, 2014 to April 9, 2015, with the term of the employment contract as from April 10, 2014, and served as a bus driver, and the Plaintiff renewed the employment contract each year before the end of the instant employment contract as follows.

C. On March 18, 2019, the Intervenor notified the Plaintiff of the title “Notice” that the term of the instant labor contract was terminated as of April 19, 2019.

On June 11, 2019, the Plaintiff filed an application for remedy with the Chungcheongnam-do Regional Labor Relations Commission on the ground that the Intervenor’s refusal of an employment contract with the Plaintiff constitutes unfair dismissal. On August 8, 2019, the Chungcheongnam-do Regional Labor Relations Commission rendered a judgment that recognized the Plaintiff’s right to renewal of the employment contract and denied the renewal of the employment contract without reasonable grounds (hereinafter “the first trial court of this case”).

E. On September 5, 2019, an intervenor filed an application for reexamination with the National Labor Relations Commission on September 5, 2019. The National Labor Relations Commission revoked the initial inquiry court of this case on the ground that “the intervenor’s refusal of the renewal of the labor contract with the Plaintiff is reasonable and reasonable, and the National Labor Relations Commission does not have to reduce the number of existing commissioned workers in order to increase the employment of probationary contract workers to be converted to regular employees, and the Plaintiff received a warning from the intervenor on the ground that the intervenor’s refusal of the renewal of the labor contract with the Plaintiff was the highest and three traffic accidents occurred among the commissioned workers, and on August 2018.”