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(영문) 울산지방법원 2018.11.01 2018가합707
해고무효확인 및 임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B apartment (hereinafter “instant apartment”) concluded a contract on consignment management with a land-unit housing company (hereinafter “land-unit housing”) and entrusted the management of the instant apartment. At the time, the Defendant, who was 59 years old, concluded a contract with a land-unit housing company and entered into a labor contract around March 2013, was engaged in the business of the US dollars in the said apartment.

B. On November 20, 2015, the council of occupants' representatives of the instant apartment units concluded a contract on the consignment management of the instant apartment units with the Defendant to replace the controlled entity of the apartment units to the Defendant.

C. Prior to the conclusion of the above consignment management contract, the Defendant entered into a labor contract with 12 employees in charge of management work belonging to the Gansan Housing, 6 employees in charge of management work and 14 U.S. dollars members among 14 U.S. dollars members, and had them continue to be in charge of work in the instant apartment. Accordingly, the Plaintiff also entered into the contract with the Defendant on November 4, 2015, with the term of the contract from November 4, 2015 to November 3, 2016, and if there is no separate declaration of intention by two weeks prior to the expiration of the contract term, the contract was automatically terminated, and the labor contract was repeatedly renewed.

However, the plaintiff entered into a labor contract with the purport that the plaintiff does not claim the renewal right of the labor contract and the non-fixed-term worker, and the defendant's employee continued to perform his duties in the apartment of this case.

After that, the Plaintiff and the Defendant renewed the employment contract on November 4, 2016 and concluded a new employment contract with the same content as the above employment contract from November 4, 2016 to November 3, 2017 (hereinafter “instant employment contract”).

E. On October 27, 2017, the Defendant notified the Plaintiff that the instant employment contract will automatically terminate on November 3, 2017.

(f)the instant case.

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