logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2012.01.19 2011누25120
부당해고구제재심판정취소
Text

1. Revocation of a judgment of the first instance;

2. On January 26, 201, the National Labor Relations Commission between the Plaintiffs and the Intervenor joining the Defendant.

Reasons

1. Details of the decision on retrial;

A. From February 1, 2008, Plaintiff A and B worked at the management office of the E Apartment (hereinafter “the apartment of this case”) composed of five and 460 households located in each of the original cities from June 1, 2009 to June 1, 2009. The Intervenor joining the Defendant (hereinafter “the Intervenor”) consists of the apartment occupants of this case, and has a management office composed of nine full-time workers from June 1, 2009 to August 1, 201, and has self-management of the apartment of this case.

B. On July 2, 2010, the Intervenor notified the Plaintiffs that “the management entity of the instant apartment is changed from the Intervenor to the entrusted management entity, and thus the contract is terminated on August 1, 2010” (hereinafter “the notice of the termination of the instant contract”), and the Plaintiffs filed an application for remedy with the Gangwon Regional Labor Relations Commission by asserting that the notice of the termination of the instant contract is unfair, and received the judgment citing it on November 9, 2010.

C. On November 26, 2010, the intervenor dissatisfied with the above initial inquiry court and applied for reexamination to the National Labor Relations Commission. The National Labor Relations Commission revoked the initial inquiry court and dismissed all the plaintiffs' request for remedy on the following grounds:

(hereinafter “instant decision on reexamination”). The Plaintiffs concluded a labor contract with a fixed period of time.

Plaintiff

In the case of A, B, and C, the apartment management method changed from the autonomous management to the entrusted management is a reason for the expiration of the term of the labor contract, which refers to the “within the time of transfer and takeover of the management business” as stipulated in the labor contract, and thus, the notice of the expiration

Plaintiff

D In the case of the intervenor's failure to notify the termination of the contract prior to May 31, 2010, which is the expiration date of the contract period, but it appears to have been due to the procedural difficulties, and after that, as the apartment management method was changed from the autonomous management to the entrusted management, the notice of the expiration of the contract is given.

arrow