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(영문) 부산고등법원 2017.07.12 2015누24253
근로자지위확인
Text

1. The part of the judgment of the first instance against plaintiffs A, B, E, and I shall be revoked.

2. All claims of plaintiffs A, B, E, and I.

Reasons

1. The grounds for admitting and amending the judgment of the court of first instance are as follows. The grounds for admitting and modifying the judgment of the court of first instance are as follows.

The following shall be filled in as follows, 4-D:

The provisions of paragraphs (2) and (5) shall be deleted, and the following judgments shall be added to the corresponding part of the judgment of the court of first instance, and the reasoning of the judgment shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

C. Determination 1 on Chapter 2 of the Act provides that the status relationship as an employee upon the expiration of a certain period of time shall be naturally terminated and, if a labor contract is not renewed, there shall be no declaration of intention of refusal to renew the contract. However, even though the term expires in a labor contract, employment rules, collective agreement, etc., the provision provides that the labor contract shall be renewed upon the fulfillment of a certain period of time despite the expiration of the term, or, in full view of the circumstances surrounding the labor contract, including the motive and circumstance for which the labor contract is concluded, the establishment of requirements or procedures for renewal, such as the standards for renewal of the contract, the actual condition thereof, and the contents of the work performed by the worker, if there is a trust relationship that the labor contract is renewed upon the fulfillment of a certain period of time between the parties to the labor contract, and if it is recognized that the employer would be able to renew the labor contract in violation of this provision, it is identical to the renewal of the previous labor contract (see, e.g., Supreme Court Decision 201Du2797, Apr. 14, 2017).

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