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(영문) 대전고등법원 2018.10.24 2018누11416
부당해고구제재심판정취소
Text

1. Revocation of the first instance judgment.

2. On October 20, 2015, the National Labor Relations Commission between the Plaintiffs and the Intervenor joining the Defendant.

Reasons

1.The following facts are not disputed between the parties, or may be recognized by taking into account the whole purport of the pleadings as a whole in each entry in Gap evidence 1 to 3 (including branch numbers; hereinafter the same shall apply):

Defendant Intervenor’s Intervenor (hereinafter “ Intervenor”)

Pursuant to Article 2 (2) of the Local Autonomy Act, "a local government is a local government that operates a C-Gu public health clinic as one of the places of business while providing public services, such as residents' welfare and self-government administration with 600 full-time workers.

Plaintiff

A On January 1, 2012, and on October 1, 2011, Plaintiff B was employed as a fixed-term worker at the C-Gu Public Health Center and served as a sports center worker or nurse at the C-Gu Public Health Center, and on December 31, 2014, Plaintiff B was notified of the expiration of the term of the labor contract, and the term “the labor union of the Republic of Korea” is “the labor union of this case.”

member of the Commission is doing activities.

B. The Plaintiffs and the instant union members, which were made by the Intervenor as of December 31, 2014, constitute unfair dismissal and unfair labor practices on February 10, 2015, that the notice of the expiration of the term of the labor contract constitutes unfair dismissal and unfair labor practices.

(3) On May 7, 2015, Busan District Court dismissed an application for remedy on the ground that it is difficult to recognize the Plaintiffs’ legitimate expectation right to renew the labor contract.

hereinafter referred to as "the first inquiry court of this case" is called the first inquiry court of this case.

(C) Accordingly, the Plaintiffs and the instant Trade Union were dissatisfied with the initial inquiry tribunal of the instant case, and filed an application for reexamination with the National Labor Relations Commission on June 11, 2015 (Central 2015Du556/Ma102, National Labor Relations Commission dismissed the application for reexamination on October 20, 2015).

In the foregoing rejection ruling, "the Central Review Decision 2015, the Decision 556, which was 2015, was 'the Decision Governing the Re-Review".

2. Whether the decision on the retrial of this case is lawful

A. The Plaintiffs’ assertion 1) Plaintiff A and the Intervenor A protection of the fixed-term and part-time workers on January 1, 2012.

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