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(영문) 서울고등법원 2019.11.15 2019누39927

부당해고구제재심판정취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a corporation that is established on October 24, 2001 and runs urban bus transportation business using 130 full-time workers.

On April 16, 2006, the date of commencement of work: < Amended by Presidential Decree No. 23488, Dec. 3, 2007; Presidential Decree No. 23590, May 17, 2007; Presidential Decree No. 23588, Feb. 19, 2011; Presidential Decree No. 23590, May 18, 2013, 201; Presidential Decree No. 24474, Jul. 15, 2015; Presidential Decree No. 27474, Dec. 28, 2016>

Since the Intervenor (CB) entered into the first employment contract with the Plaintiff on April 16, 2006, the Intervenor (CB) entered into and renewed the employment contract with the Plaintiff on several occasions as shown in the following table, and served as an urban bus driver.

1. The term of the employment contract: (1) from September 1, 2016 to August 31, 2017, in principle, this employment contract shall be automatically terminated and retire upon the termination of the above employment contract.

(2) The probationary period shall be three months, and the contract shall be terminated when a situation violates the terms and conditions of the contract, the collective agreement, or the rules of employment during the probationary

(3) The retirement age shall be the last day of the month in which he reaches 55 years of age.

Provided, That a contract may be renewed with a commissioned position in consideration of the degree of contribution, etc. to the excellent service performance and the company.

2. Business type: A driver of a branch line and urban bus (based on the instructions given by the company for conversion, assignment, movement, change of duties, etc. of routes according to the instruction of the company);

3. Place of work: All regions required for company's business; and

9. Other terms and conditions of the contract 4) Any documents not attached to the re-contract shall be substituted by the documents at the time of the initial contract. 11) No civil or criminal objection shall be raised against the expectation of renewal in the event that the re-employment will not be known after the termination of the contract.

C. On August 31, 2016, the Plaintiff renewed an employment contract with the Intervenor, and drafted a “in-service employment contract” including the following contents:

(hereinafter “instant employment contract”). D.

On August 29, 2017, the Plaintiff notified the intervenors of the non-contract as an wire on August 29, 2017.

The plaintiff's above notification act is "the contract of this case".