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(영문) 서울고등법원(인천) 2020.07.23 2019나14804
해임처분무효확인
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the judgment of the court of first instance, if the court excludes the parts to be used or added as described in the following paragraph (2), and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On the third part of the judgment of the court of first instance, the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “ Fixed-Term Act”) was amended to “former Act on the Protection, etc. of Fixed-Term and Part-Time Workers (amended by Act No. 17326, May 26, 2020; hereinafter “ Fixed-Term Act”).

B. The part of the first instance court’s 6th page “as recognized in the foregoing 6th page” through 4th page “a fixed-term employment contract” is as follows.

As recognized earlier, the Plaintiff prepared a labor contract with the Defendant during which the term of the labor contract was fixed from November 1, 2016 to April 30, 2019, and explicitly agreed to the effect that the termination date of the contract would be the date of the expiration of the contract if the term is not approved again by the board of directors. In light of the content of the contract and the details and purpose of the appointment of the head of the facility with the term of the contract, there is no circumstance that the term of the contract in the instant case is merely a form of the fixed term of the contract. Therefore, it is reasonable to regard the instant labor contract as “a fixed term

C. On the fourth part of the judgment of the court of first instance, Article 24 of the Enforcement Decree of the Fixed-Term Act (Presidential Decree No. 29813) provides that “The Enforcement Decree of the Fixed-Term Act (Presidential Decree No. 29813) shall be amended by Presidential Decree No. 29813, Jun. 11, 2019).”

On the 5th sentence of the first instance judgment, "the amount exceeding the amount of the earned income of 25/100 higher than the person who engages in 2nd classification of the Korean Standard Occupational Classification for the fact-finding survey on labor by employment type" shall be added as follows:

At least May 20, 2019.

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