1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The basic facts;

2. The Plaintiff’s assertion and the grounds for use of this part of the relevant statutes are as stated in the corresponding part of the reasoning of the judgment of the first instance, except for the addition of the following contents following the third page 13 of the judgment of the first instance. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In addition, “On the other hand, the Defendant, who is dissatisfied with the above review decision by the National Labor Relations Commission, filed a lawsuit seeking the revocation of the said review decision with the Daejeon District Court 2015Guhap104960, and the above court accepted the Defendant’s claim on April 21, 2016 and rendered a judgment revoking the said review decision. At present, the above case is pending in the appellate court as Daejeon High Court 2016Nu1023.”

3. Determination

A. Whether the period of work before January 1, 2013 is included in the period of continuous work as stipulated under Article 4(2) of the Fixed-Term Work Act [the claim of the above 2. A. (1)] is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, it is acceptable as above. B. Whether the period of continuous work as stipulated under Article 4(2) of the Fixed-Term Work Act is satisfied after the renewal of the labor contract on December 31, 2014 (the above 2.A.)

2) In the case of an employee who has entered into an employment contract within a fixed period of one (1), the status relationship as an employee shall be terminated as a matter of course, and if the employment contract is not renewed, he/she shall be automatically retired even without the declaration of refusal to renew the employment contract.

However, the labor contract, employment rules, and collective agreement provide that the contract shall be renewed upon the fulfillment of certain requirements despite the expiration of the term, or there are various circumstances surrounding the labor relationship in question, such as the contents of the labor contract and the motive and circumstances leading up to the execution of the labor contract, whether or not the requirements or procedures for renewal such as the standards for renewal of the contract are established or not, and the contents of the work performed by the employee