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(영문) 서울동부지방법원 2016.10.14 2014가합13158
해고무효확인의처분취소 및 후유장애보상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From June 9, 2010 to December 31, 2010, the Plaintiff was a daily employee who provides sanctions against timber processing units at the Defendant-affiliated Center (hereinafter “Defendant’s Timber Center”). On January 1, 2011, the Plaintiff entered into an employment contract with the Defendant under the following terms (hereinafter “instant employment contract”).

Article 2 (Term of Contract) (1) The term of contract shall be from January 1, 2011 to December 31, 201.

(3) Where the plaintiff wishes to renew the contract at the end of the contract period, the defendant shall renew the contract only to a person whose performance is at least 70 points after evaluating his/her work performance as prescribed by the Rules on Temporary Management of Employment.

Article 3 (Duties in Charge) (1) The division and duties of the plaintiff shall be as follows:

(department) timber processing and (person in charge) restrictive assistance;

B. The main contents of the Defendant’s rules on temporary employment are as follows.

Article 7 (Period of Contract) (1) Contract period for temporary employment shall not exceed one year.

Provided, That where it is used temporarily for more than two years, it shall be deemed that a labor contract with no fixed contract period is concluded.

(2) Where the employment authority deems it necessary upon expiration of the contract period under paragraph (1), it may renew the contract with the approval of the chairperson.

Provided, That the employment authority may re-contract the temporary employment of the soft and member cooperatives without the approval of the chairperson.

(3) No person whose work performance record point is less than 70 points shall re-contract as referred to in paragraph (2).

Article 8 (Evaluation of Work Performance) (1) The evaluation of work performance shall be conducted by multi-level evaluation of temporary employment.

(2) Results of work performance ratings shall be reflected in re-contract, wage adjustment, etc.

Article 13 (Exemption from Office) Where temporary employment is deceased, the employment contract shall take effect on the day following the date of death, and upon expiration of the contract period, the employment contract shall take effect on the date following the expiration of the contract period due to the due termination

C. The defendant is infinite with the same fees, and is infinite.

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