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(영문) 대전고등법원 2016.10.28 2016누11641
부당해고구제재심판정취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Circumstances, etc. of the decision on retrial;

A. On January 5, 2011, the Plaintiff in the status of the parties established C institutions (hereinafter “C”) under its control for the comprehensive management of F Park and G, and the Intervenor joining the Intervenor (hereinafter “ Intervenor”) was an employee who served in the said C.

B. Around August 2012, the Plaintiff hired a participant as a fixed-term worker in charge of clerical assistance work (such as arranging daily work status records for fixed-term workers, arranging overtime work hours, and counseling civil petitions, etc.) from September 3, 2012 to November 30, 2012. 2) After the Plaintiff and the intervenor concluded a labor contract again on five occasions as follows without going through the open recruitment procedure, and the Intervenor performed the same work as in the previous time whenever the intervenor re-enters.

The term of a labor contract shall be from December 1, 2012 to December 31, 2012, 2013 to February 1, 2013: from February 29, 2013 to February 31, 2013; or from May 31, 2013 to June 1, 2013; or from July 31, 2013 to July 31, 2013 to July 31, 2013, the intervenor for the period from September 1, 2013 to December 31, 2013, is the same year after the termination of the labor contract.

8. From January 1 to March 31 of the same month, the employment insurance report is filed with the content that the workplace "D" works.

C. On December 2013, the Plaintiff: (a) applied for the public recruitment of fixed-term workers in C in December 2013; (b) 430 persons applied for the public recruitment of fixed-term workers; (c) 97 persons passed the first document screening; and (d) 64 persons finally passed the final interview. Meanwhile, among those who previously worked as fixed-term workers in C in C, 60 persons among 102 persons subject to the renewal contract whose contract period expires on December 31, 2013, among those who were employed as fixed-term workers in C, were applying for the public recruitment of 10 persons subject to the renewal contract, but only 3 persons among them passed the first document screening and final interview; and (c) the rest, including the intervenors, was dismissed from the first document screening on January 9, 2014.

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