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(영문) 서울고등법원 2017.11.08 2017누53967
부당해고구제재심판정취소
Text

1. All appeals filed by the defendant and the defendant assistant intervenor are dismissed.

2. The costs of appeal shall be those resulting from the participation in the appeal;

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing this case in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the right to expect renewal is recognized.

A. In principle, in the case of an employee who has entered into a labor contract for a fixed period of time, the status as an employee shall be terminated as a matter of course by the expiration of the period of time, and in the case of an employee who fails to renew the labor contract, he/she

However, in a case where a labor contract, employment rules, or collective agreement provides that even if the term expires, if certain requirements are met, the pertinent labor contract shall be renewed if such requirements are met, or where there are various circumstances surrounding the pertinent labor contract such as the motive and circumstances leading up to the execution of the labor contract, the standards for renewal of the contract, etc., whether or not to establish the requirements or procedures for renewal and the actual conditions of the contract, and the contents of the work performed by the employee, etc., if there is a trust between the parties to the labor contract that the contract is renewed if certain requirements are met, and thus, if there is a legitimate expectation right that the employer may renew the labor contract, the employer’s refusal to renew the labor contract unfairly in violation of such provision is invalid as it is unfair,

(Supreme Court Decision 201Du12528 Decided February 13, 2014). In a case where a labor relationship was terminated due to the expiration of the term of a labor contract during which an employee asserted the validity of dismissal upon filing an application for unfair dismissal, the employee needs to be exempted from his/her obligation to return wages during the period of dismissal, which was already received, in unjust enrichment, or during the period of his/her service.

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