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(영문) 대전지방법원 2018.08.10 2017구합1119
부당해고구제재심판정취소
Text

1. On June 30, 2017, the National Labor Relations Commission rendered the Central Labor Relations Commission’s remedy for unfair dismissal between the Plaintiff and the Defendant’s Intervenor.

Reasons

On November 1, 2014, the Plaintiff is a school foundation that employs 73 full-time workers and operates C University, etc., which is operated by the Intervenor joining the Defendant (hereinafter referred to as “ Intervenor”). The Intervenor is a school foundation that employs 73 full-time workers.

On October 31, 2016, the intervenor notified the Plaintiff that the term of the labor contract expires, and the Plaintiff filed an application for remedy with the Chungcheongnamnam Regional Labor Relations Commission on January 31, 2017, asserting that the above notification was unfair and unfair.

On March 22, 2017, the Chungcheong Regional Labor Relations Commission dismissed the plaintiff's application for remedy on the ground that the intervenor's refusal of the renewal of the labor contract is reasonable.

On April 21, 2017, the Plaintiff dissatisfied with the foregoing draft inquiry court, filed an application for reexamination with the National Labor Relations Commission as a central 2017 U.S. 373, but the National Labor Relations Commission rendered a decision dismissing the Plaintiff’s application for reexamination on the same ground as the draft inquiry court on June 30, 2017.

(hereinafter “instant decision on reexamination” (hereinafter “instant decision on reexamination”) is without dispute, and the Plaintiff’s assertion as to the legitimacy of the instant decision on reexamination of reexamination of reexamination of reexamination of evidence Nos. 1 and 2, and the purport of the entire pleadings, has transferred the previous fixed-term workers to regular or indefinite contract positions, subject to the evaluation of conversion of regular workers, which ought to be deemed as falling under the actual rules of employment.

However, the intervenor, at the time of the termination of the term of employment contract, shall establish and implement the "Plan for the Improvement of the Personnel System of General Employees" to eliminate the conversion evaluation of regular workers disadvantageous to fixed-term workers such as the plaintiff, etc., and this is invalid as it violates the proviso of Article 94

Furthermore, the Plaintiff has a legitimate expectation for the renewal of the employment contract, and considering the degree of reduction of the number of employees or financial status of the C University.

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