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(영문) 대전지방법원 2016.11.02 2016가합101307
임용계약갱신거절 무효
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a non-profit corporation established on July 29, 2008 under Article 27-2 of the Forestry Culture and Recreation Act.

On June 30, 2014, the Defendant was entrusted by the Korea Forest Service with the operation and management of the B Museum (hereinafter referred to as the “instant Museum”) by setting the contract period from July 1, 2014 to December 31, 2014.

(hereinafter “instant entrustment contract”). B.

On May 21, 2014, the Defendant announced the recruitment of employees to work as the director in the museum of this case.

The public notice is stating that the term of the contract is “able to extend the term of employment according to the period of the entrusted project and the performance of work from the date of employment until December 31, 2014.”

The term of contract under Article 2 (Contract Period) of the Contract for the Appointment of Contract Employees shall be from July 11, 2014 to December 31, 2014.

Article 5 (Classification of Appointment) The defendant shall annually evaluate the plaintiff's work performance and conduct the final evaluation upon expiration of the contract.

Article 7 (Termination of Contract) The defendant may terminate the contract, regardless of the period of contract, when the plaintiff falls under Article 18 of the Personnel Regulations or is judged to be poor as a result of the evaluation of work performance under Article 6 of

C. On July 10, 2014, the Defendant concluded a labor contract with the Plaintiff applying for the foregoing publication, setting the contract period from July 11, 2014 to December 31, 2014, as follows:

On July 11, 2014, the Defendant appointed the Plaintiff as the director of the instant museum.

The Defendant entered into an entrustment contract (period: January 1, 2015 to December 31, 2015) with regard to the museum of this case with the Korea Forest Service, and then intends to work in the museum of this case from January 1, 2015 as the contract term expires on December 31, 2014 from the contractual employees, including the Plaintiff.

‘A written application for extension of the employment contract’ was submitted.

E. On January 23, 2015, the Defendant’s contract period between the Plaintiff and the Plaintiff is from January 1, 2015 to January 2015.

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