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(영문) 대법원 2020.08.20 2018두51201
부당해고구제재심판정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court determined as follows: (a) on the grounds indicated in its reasoning, that an individual public school belonging to a local government is merely a subordinate organization or facility of a local government and becomes the subject of ultimate rights, obligations, and responsibilities with respect to education is the pertinent local government; and (b) the Intervenor joining the Intervenor, a professional instructor in English language, concluded with the principal of each public school belonging to the Plaintiff as the Plaintiff’s employer, a local government.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by misapprehending the legal doctrine on the standing to sue in the unfair dismissal proceeding and the employer under the labor contract, thereby failing to exhaust all necessary deliberations, or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Regarding ground of appeal No. 2

A. The main text of Article 4(1) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “fixed-term Act”) provides that an employer may employ part-time workers for a period not exceeding two years (in cases of repeated renewal of a fixed-term employment contract, the total period of continuous employment shall not exceed two years). Article 4(1) proviso 6 of the same Act and Article 3(3)1 of the Enforcement Decree of the Fixed-Term and Part-Time Workers Act provide that where other statutes prescribe the period of employment of fixed-term workers differently from Article 4(1) of the Fixed-Term and Part-Time Workers Act, or provide that an employer may employ part-time workers for a fixed-term worker for a separate period exceeding two years.

In addition, Article 22 of the Elementary and Secondary Education Act is required for the operation of curriculum.

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