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(영문) 서울고등법원 2013.05.15 2012누17119
해고무효확인등
Text

1. The rejection of renewal made on February 28, 201 by Defendant Gyeonggi-do to the Plaintiff on February 28, 2010 shall be null and void upon the request changed in the trial.

Reasons

1. On September 1, 2005, the Plaintiff’s basic facts is the Korean animation high school established and operated by Defendant Gyeonggi-do (hereinafter “instant school”).

After employed as industrial-educational teachers teaching the subjects B, they have worked for renewal of the employment contract.

Defendant Gyeonggi-do shall enter into an employment contract with the Plaintiff on February 28, 2010 (hereinafter referred to as “instant employment contract”).

Upon the expiration of this period, the renewal was refused.

hereinafter referred to as “instant refusal to renew”

[Ground for recognition] Unsatisfy

2. Whether the refusal of renewal in this case is null and void

A. 1) Whether the employment contract of this case is a non-fixed term employment contract, although the term of the contract of this case is stipulated in the employment contract of this case, it shall be deemed that the fixed term of the contract is merely a form, considering the period during which the employment contract was maintained, the details and frequency of the renewal of the contract, and the work performed by the Plaintiff. Thus, the refusal of the renewal of the employment contract of this case without justifiable grounds is null and void. 2) There is no dispute between the parties that the contract of this case was fixed until February 28, 2010, and all the circumstances asserted by the Plaintiff are considered.

However, it is insufficient to conclude that such a contract term is merely a mere form, and there is no other data to see as such.

Plaintiff

We do not accept the argument.

B. 1) The "Selection and Operational Regulations of Industry-Academic Major Teachers" of the instant school related to the renewal of the contract of the instant school provides that "If a person wants to continue to work due to the recognition of his or her ability to study and provide guidance on life, and of a smooth nature, the principal may be reappointed unless he or she objects to wage consultation and adjustment in advance."

B. The school of this case, following the conclusion of the contract, is student BF. on August 2005.

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