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(영문) 서울고등법원 2015.06.26 2014나61748
해고무효확인 및 임금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 28, 201, the Defendant concluded an entrustment contract for the cleaning of the surface (hereinafter “instant road cleaning entrustment contract”) between Goyang-si and Goyang-si, which was entrusted with the cleaning of the surface for at least the second level of the road in Goyang-gu, Goyang-si and the second level of the road in Goyang-si.

The main contents thereof are as follows:

Section 2.(Definitions) The term "road cleaning" in this Agreement means cleaning a surface cleaning lane and maintaining a clean road environment by keeping the surrounding areas clean.

Article 5 (Period of Entrustment) The period of entrustment of road cleaning in this Agreement shall be from April 1, 201 to March 31, 2013.

Article 11 (Lease Equipment) (1) In order to facilitate the implementation of a road cleaning agency project, the ancient city shall lend the surface cleaning vehicle owned by the ancient city to the defendant without compensation.

(6) When the termination of a contract or termination of a contract, etc. has occurred, the defendant shall immediately return it to Goyang-si along with a certificate of vehicle maintenance of the first-class maintenance business establishment.

In order to implement the instant consignment contract, the Defendant employed the surface cleaning drivers and entered into an employment contract on a one-year basis between them. The Plaintiff and the Plaintiff entered into an employment contract with the term of the employment contract from March 1, 2011 to February 28, 2012, and again entered into an employment contract with the term of the employment contract from March 1, 2012 to February 28, 2013.

(hereinafter referred to as “instant employment contract”). The main contents of the instant employment contract are as follows.

Article 2 [Period of Contract] (1) In principle, the term of a labor contract shall be from March 1, 2012 to February 28, 2013.

(2) The term of an annual salary contract shall be from March 1, 2012 to February 28, 2013, and the re-contract for an annual salary shall be concluded within one month before the termination of the contract.

(3) The above annual salary contract term shall expire without any cause attributable to parties.

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