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(영문) 서울고등법원 2016.10.26 2016누36620
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

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

Reasons

1. The reasoning of the lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment, except for adding the following judgments, 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.

2. The plaintiff asserts that even in this court, the intervenors are employed for a fixed term of one year, and it cannot be viewed as an employee without a fixed term of one.

However, in full view of the following circumstances admitted by the reasoning of the judgment of the court of first instance as cited in this judgment, the entry of evidence No. 39, and the purport of the entire pleadings, and the circumstances based on the lower court’s reasoning, it is recognized that a non-fixed term employment contract was concluded between the Plaintiff and the Intervenor around January 2014.

① A witness of the instant branch office, who was the Director General of the instant branch office, “E is the former president of the instant branch office.” There is no knowledge as to whether E, at the time, explains that the period of the instant branch office is one year. However, in order to employ the Intervenor as a full-time employee, not a contractual position, the board of directors or the personnel committee should be opened and discussed. However, the Intervenor was thought to be employed as a contractual position as a matter of course because E did not have any particular opinion, and the Intervenor was asked to be employed as a contractual position as a matter of course, and he was notified by the phone that his contract period is one year after the appointment of the Intervenor was decided.” However, on behalf of the instant branch office, E, who concluded a labor contract with the Intervenor, was drafted a written confirmation to the effect that

② After the branch president of the instant sub-branch changed from E to F around April 2014, the Intervenor’s signing and sealing the term of the instant labor contract at F’s request around July 2014 (i.e., January 1, 2014 to December 31, 2014) is recognized.

However, the above employment contract is written.

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