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(영문) 부산고등법원 2017.07.12 2015누24307
근로자지위확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for admitting and modifying the judgment of the court of first instance are as follows, and the grounds for admitting and modifying this case are as follows.

Except for the deletion of Paragraph 4 as follows, it is identical to the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

B. In principle, where a worker entered into an employment contract with a fixed period of time, his/her status as an employee is naturally terminated upon the expiration of the fixed period of time, and if the employment contract is not renewed, he/she shall be automatically retired even if there is no declaration of intention of refusal to renew the employment contract. However, even if the term of the employment contract, employment rules, collective agreement, etc. provides that the employment contract shall be renewed upon the fulfillment of certain requirements despite the expiration of the term of validity, or, in full view of the circumstances surrounding the employment contract in question, including the motive and circumstance for which the employment contract is concluded, standards for renewal of the employment contract, etc., the establishment of the conditions and procedures for renewal of the employment contract and the actual conditions thereof, and the contents of the work performed by the worker, if there is a trust relationship that the employment contract may be renewed upon the fulfillment of certain requirements between the parties to the employment contract, and the employer's refusal to renew the employment contract unfairly in violation of such provision is the same as the previous one for which the previous employment contract has been renewed (see Supreme Court Decision 2002Du794, Apr. 14, 20197).

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