beta
Text
The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, even in cases where an employer prepares a written labor contract setting a period of time, if it is deemed that a certain period of time is merely a form of the employment contract by comprehensively taking into account the content of the written labor contract and the motive and circumstances leading up to the formation of the employment contract, the purpose and genuine intent of the parties concerned, practices regarding the conclusion of the same kind of employment contract, the rules on the protection of workers, etc., it shall be deemed that a labor contract without a fixed period of time was actually concluded regardless of the terms and conditions of the written labor contract (see, e.g., Supreme Court Decision 2011Du24361, Feb. 14, 2013). However, in the absence of such circumstances, in principle
The lower court rejected the Plaintiff’s assertion that the Defendant’s refusal to renew the labor contract is unfair and invalid on the ground that the period stipulated in the labor contract concluded between the Plaintiff and the Defendant is merely merely a form and it is difficult to deem the Plaintiff as a worker with no actual period of time.
In light of the above legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the legal principles as to labor contracts which are merely a form of
2. Regarding ground of appeal No. 2
(a) In the case of an employee who has entered into an employment contract for a specified period, the status of the employee as an employee shall be terminated naturally upon the expiration of that period, and in principle, if the employment contract is not renewed, the employer’s refusal to renew it shall be dismissed automatically.
However, even if the period of employment contract, employment rules, collective agreement, etc. expires, certain requirements are required.