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(영문) 서울행정법원 2018.09.13 2017구합69014
부당해고구제재심판정취소
Text

1. On May 22, 2017, the National Labor Relations Commission merged between the Plaintiff and the Defendant’s Intervenor with the 2017rd Sea 266/Non-38.

Reasons

1. Details of the decision on retrial;

A. 1) The Plaintiff is a corporation that is established on January 15, 2016 and employs about 30 full-time workers and operates a bus transport business. 2) The Intervenor joining the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) entered the Defendant Co., Ltd. (hereinafter referred to as “C”) on November 19, 2014, and is a person whose employment is succeeded to the Plaintiff and who served as a bus driver on April 1, 2016.

B. On June 25, 2014, the Intervenor was employed as a driver on the part of June 25, 2014 by setting the term of his/her employment contract to C as six months, and he/she caused a heavy traffic accident on July 6, 2014 and retired on September 30, 2014. (2) The Intervenor re-entered into C on November 19, 2014, and entered into a labor contract with C on July 15, 2015 with the period of his/her employment contract from November 19, 2014 to November 18, 2015.

3) On December 29, 2015, an intervenor entered into a labor contract including the following content with C (hereinafter “instant labor contract”).

A) On the other hand, the Intervenor was paid a continuous service allowance of KRW 7,00 each month from November 2015 to KRW 7,000. Article 2 (Status and Employment Contract Period) ① The Intervenor is a driver, and the term of a labor contract is from November 18, 2015 to November 17, 2016. ② The contract may be terminated upon agreement between C and the Intervenor even during the contract period. ② The Company may pay each month for the continuous service year to a worker who has no fixed period of time. ④ Article 6 (Composition and Method of Calculation of Wages and Retirement Pay) ④ The company shall pay each month for the continuous service year to a worker who has not been employed as a worker for a fixed period of time, and it shall be within the retirement age of a collective agreement. Article 13 (Termination and Maintenance of Contracts)

(2) If any ground for renewal, such as increase of wages, occurs, both parties shall be notified one month prior to the occurrence of such renewal, and if no notification is made, the terms and conditions of the said contract and the period of the employment contract shall be deemed to have been maintained

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