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(영문) 의정부지방법원 2018.05.01 2017구합13498

근로자 지위 확인 청구의 소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Plaintiffs, from around 2012 to 2013, concluded a fixed-term employment contract with the Defendant and were engaged in the tasks of monitoring forest fires, control of forest diseases and pests, management of parks, preparation for and creation of fireworks, etc., as follows: the period of service, details of duties, etc.

(b)beo;

same as paragraph (1).

Plaintiff

Article 4 (1) main sentence and Article 4 (2) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “ Fixed-Term Act”) of the plaintiffs C’ work details of plaintiffs C, E’ work details of plaintiffs C, and Eul’ work details of plaintiffs C, and the work details of plaintiffs H [based] work details, and each entry (including each number), Gap’s 2 through 25, Eul’s 2 through 16, the assertion of the purport of the whole pleadings, and the plaintiffs’ assertion of judgment as to the plaintiffs’ work details of plaintiffs C’ work details, and the plaintiffs continued to work for 4 to 6 years under the defendant after entering into a fixed-term employment contract with the defendant from 2012 to 2013. Accordingly, if the employer employs a fixed-term worker for more than 2 years, the plaintiffs are deemed workers who entered into an employment contract without a fixed-term work period. Accordingly, the plaintiffs' status should be confirmed since they constitute the workers who entered into an employment contract with the defendant.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The main text of Article 4(1) of the Fixed-term Workers Act provides that "an employer may employ a fixed-term worker within the extent not exceeding two years (where an employer has renewed his/her fixed-term employment contract repeatedly, the total period of his/her continuous employment shall not exceed two years)" and Paragraph (2) of the same Article provides that "if an employer employs a fixed-term worker for more than two years despite the absence or extinguishment of the grounds under the proviso to paragraph (1), such fixed-term worker shall be deemed an employee who has concluded an employment