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(영문) 서울고등법원 2019.05.01 2018누72798
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The summary of the grounds for appeal indicated as follows: (a) on January 4, 2017, the Plaintiff entered the employment contract and the contract term as “from December 5, 2016 to January 4, 2017” as “from January 5, 2017”; and (b) signed an unwritten employment contract and issued it to intervenors.”

However, on March 4, 2017, the labor contract, in which only the beginning date of the intervenor was written by the intervenor, was written at will on the date of termination.

In the end, the plaintiff and the intervenor did not set the contract term as three months, and they concluded a contract that guarantees the one-year contract term.

2. Determination on the grounds for appeal

(a) The facts of recognition are recognized as follows, provided that each entry of Gap evidence Nos. 4 to 7, Eul evidence No. 1, 4, and 5 added the purport of the entire argument:

1) On January 4, 2017, the Plaintiff’s agent D and the Plaintiff’s letter “from December 5, 2016 to January 4, 2017,” written employment contract (Evidence A 4; hereinafter “first employment contract”) printed on the column for the period of the employment contract.

(A) The phrase “from January 5, 2017 to March 4, 2017” and “from January 5, 2017 to March 4, 2017” is printed on a written employment contract (No. 6; hereinafter “second employment contract”).

On the same day, the Plaintiff prepared a certificate of delivery on December 6, 2016 and a certificate of delivery on January 4, 2017, stating that the delivery of the first employment contract was made. The Plaintiff signed the Plaintiff’s signature. 2) On July 25, 2017, the Plaintiff was present at the Seoul Korea Employment and Labor Agency of Seoul, Seoul, and the period of work was from December 5, 2016 to March 4, 2017.

3) On September 17, 2015, the Plaintiff confirmed the copy of the first and second labor contract and the original of the labor contract submitted by the Intervenor on the date for pleading of the first instance trial. 4) The Intervenor’s work guidelines for the conclusion of the labor contract were followed.

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