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(영문) 서울고등법원 2017.09.14 2017누57198
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 court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance except for the following portions written by the court of first instance. Thus, the court's explanation as to this case is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(1) In addition, the first instance court’s decision rejecting the Plaintiff’s assertion is justifiable even if the grounds alleged by the Plaintiff while filing an appeal are not significantly different from those alleged by the Plaintiff in the first instance court, and all evidence submitted by the first instance court and this court are examined. 2. We add the following legal principles to the last sentence of the 9th instance court’s 18th instance judgment.

In the event that a written employment contract setting the term of a labor contract is prepared, it shall be deemed that an employment contract was concluded between the employee and the employer, barring any special circumstances, in accordance with the language and text of the written employment contract, which is a disposal document. In this case, when the term of the employment contract expires, the employment contract shall naturally terminate without any separate measures, such as dismissal, etc. of the employer. However, even in a case where the written employment contract setting the term of a short-term employment contract is repeatedly renewed over a prolonged period, for example, the contents of the contract and the motive and circumstance leading up to the formation of the employment contract, such as the case where the fixed term of a short-term employment contract is excessive in the form, etc., the purpose and period of the contract, the purpose of setting the period, the length and frequency of the employment contract, practices on the method of concluding the employment contract as at the time of employment, and the Act on the Protection of Workers, etc., if it is deemed that the fixed term of a contract is merely a form, notwithstanding the text of the contract

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