(영문) 서울행정법원 2015.01.08 2013구합63681

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(영문) 서울행정법원 2015.01.08 2013구합63681

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the decision on retrial;

A. Labor relations 1) Parties’ Intervenor joining the Defendant (hereinafter “ Intervenor”)

2) On February 2, 2009, the Plaintiff’s affiliated organization, JeonnamB (hereinafter “B”).

(2) The Plaintiff and the Intervenor concluded a labor contract with the term of the contract from February 2, 2009 to December 31, 2009, and served as a cook for the B cafeteria. The said employment contract was renewed as the period of the contract, between January 4, 2010 and December 31, 2010, respectively, and between January 3, 201 and February 10, 201. (2) The Intervenor entered into a labor contract with the B and the term of the contract from April 4, 2011 to December 30, 2011, and served as a cook for the B cafeteria.

After that, the Plaintiff and the Intervenor renewed the said employment contract, respectively, with the period of the contract from January 3, 2012 to January 25, 2012; ② from January 26, 2012 to December 31, 2012; ③ from January 26, 2013 to April 3, 2013, respectively.

B. On April 4, 2013, the Plaintiff reported the termination of the contract to the Intervenor on April 4, 2013 on the ground that the term of the employment contract expires, and the instant dismissal is deemed as

(3) On April 29, 2013, the Intervenor filed an application for remedy with the Jeonnam Regional Labor Relations Commission by asserting that the instant dismissal constituted unfair dismissal, and the said Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on June 4, 2013.

2. On July 22, 2013, the Intervenor filed an application for reexamination with the National Labor Relations Commission as to July 22, 2013. On November 25, 2013, the National Labor Relations Commission determined that the dismissal of the instant case constitutes unfair dismissal on the ground that the Intervenor constitutes an indefinite contract worker, and accepted the Intervenor’s application for reexamination.

hereinafter referred to as "the decision of review of this case" is called

(i) Facts that there is no dispute over the grounds for recognition, entries in Gap evidence 1, 2, and 9, and the purport of the whole pleadings;

2. The decision on the review of this case is made.

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