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(영문) 서울행정법원 2014.05.15 2013구합29551
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a school foundation that establishes and operates Chigh School (hereinafter “instant school”) using 98 full-time workers, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) is a person employed by the Plaintiff as an instructor of the instant school.

B. On November 16, 2012, the principal of the instant case sent a notice to the Intervenor that he would terminate the contract term on March 16, 2013 and would not conclude the renewal contract (hereinafter “instant notice”).

C. On April 18, 2013, the Intervenor asserted that the instant notification constituted unfair dismissal, and filed an application for unfair dismissal with the Gyeonggi Regional Labor Relations Commission. On July 2, 2013, the Gyeonggi Regional Labor Relations Commission received the Intervenor’s application for remedy on the ground that the Intervenor, who was converted to an employee who entered into an employment contract with no fixed period of time, notified the Intervenor of the termination of the employment contract on the ground that the term of the contract expires, constitutes unfair dismissal.

On August 1, 2013, the Plaintiff dissatisfied with the above initial inquiry tribunal, filed an application for reexamination with the National Labor Relations Commission. On October 18, 2013, the National Labor Relations Commission dismissed the said application for reexamination on the same ground as the above initial inquiry tribunal.

(hereinafter referred to as “instant decision on reexamination”). [Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings.

2. Whether the decision on the retrial of this case is lawful

A. The Plaintiff’s assertion 1) When the Intervenor served as a fixed-term lecturer for two years, and concluded a renewal contract with the Intervenor on March 16, 2012, the Act on the Protection, etc. of Fixed-term and Part-Time Workers (hereinafter “fixed-term Act”).

As Article 4(1)6 of the Enforcement Decree of the Fixed-term Act, Article 3(3)1 of the Enforcement Decree of the Fixed-Term Act, Article 22 of the Elementary and Secondary Education Act, and Article 42(1) and (5) of the Enforcement Decree of the Elementary and Secondary Education Act, an intervenor has agreed to employ a fixed-term employee who can be employed for more than two years as an “professional English instructor.”

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