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1. On September 11, 2015, the National Labor Relations Commission rendered a central order between the Plaintiff and the Intervenor joining the Defendant on September 11, 2015.
Reasons
1. Details of the decision on retrial;
A. Pursuant to Article 2(2) of the Local Autonomy Act, the Plaintiff is a local government that employs more than 700 full-time workers and operates C public health clinics as one of the places of business while rendering public services, such as residents’ welfare and self-government administration. The Defendant Intervenor A is a local government that operates C public health clinics as one of the places of business. The Defendant Intervenor A and the Defendant Intervenor B (hereinafter “Defendant Intervenor A and B”) are employed by the Plaintiff as a fixed-term worker on September 13, 2010 and are employed by the Plaintiff as a sports agent and visiting nurse at C public health centers as of December 31, 2014.
B. On March 27, 2015, the Intervenor asserted that the notice of the expiration of the term of the labor contract rendered by the Plaintiff as of December 31, 2014 constituted unfair dismissal and filed an application for remedy with the Busan Regional Labor Relations Commission on March 27, 2015.
A visiting health management project cannot be subject to the proviso of Article 4(1) of the Fixed-Term Act. Even if the above proviso is applicable, since the main sentence of Article 4(1) of the Fixed-term Act was applied from January 1, 2013 to the Ministry of Health and Welfare in accordance with the guidelines of the Ministry of Health and Welfare, the Intervenor joining the Defendant’s work for more than two years including the period before January 1, 2013 constitutes a case where the Defendant’s Intervenor entered into an employment contract without a fixed period of time.
In addition, in light of the fact that the labor contract has been renewed for several years, the plaintiff's notification of the expiration of the contract term of this case is unfair for the plaintiff to notify the expiration of the contract term of this case on December 31, 2014 without reasonable grounds.
C. On May 18, 2015, Busan Regional Labor Relations Commission recognized the defendant’s assistant intervenor’s right to expect the renewal of his/her employment contract and accepted the application for remedy for unfair dismissal on the ground that it is difficult to deem the plaintiff’s refusal to renew the employment contract reasonable.