1. Revocation of the first instance judgment.

2. The National Labor Relations Commission between the Plaintiff and the Intervenor on July 14, 2016.

1. The reasons why the court should explain this part of the decision by reexamination are as stated in Paragraph 1 of the reasoning of the judgment of the first instance. Thus, this part is cited by Article 8(1) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

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

A. The court's explanation on this part of the plaintiff's assertion and the facts of recognition is identical to the reasoning of the judgment of the court of first instance as stated in Article 8 (1) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

B. Determination 1) In principle, in cases of an employee who entered into an employment contract with a fixed period of time, the status as an employee is naturally terminated upon the expiration of the fixed period of time, and if the employee fails to renew the employment contract, he/she shall be automatically retired even without the employee’s declaration of refusal to renew the employment contract (see, e.g., Supreme Court Decision 2009Du2665, Jul. 28, 201). However, inasmuch as the employment contract, employment rules, collective agreement, etc. provide that if certain requirements are met following personnel evaluation, etc. at the time when the contract term expires, the fixed period of time shall be converted to an employee without a fixed period of time. However, in light of various circumstances surrounding the employment relationship, including the content of the employment contract and the motive and circumstance of the employment contract, the basis for conversion into an employee without a fixed period of time, the establishment of the requirements and the actual condition thereof, and the content of the work performed by the employee, the employer shall refuse the conversion of the employment contract to an employee without reasonable grounds.