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(영문) 서울남부지방법원 2015.07.23 2014나55036
임금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. On March 8, 2013, the Plaintiff entered into a labor contract between Yangcheon-gu Seoul Metropolitan Government B apartment (hereinafter “B apartment”) and the council of occupants’ representatives to set the contract period from March 8, 2013 to June 30, 2013 to ensure that the Plaintiff works as security guards of B apartment.

B. On May 15, 2013, the Defendant, who runs a security service business, etc., entered into a contract with the council of occupants’ representatives to carry out the guard business of B apartment by setting the contract period from June 1, 2013 to May 31, 2015, and agreed to succeed to the employment of existing security guards who worked in B apartment at the time of entering into the said contract.

C. On June 1, 2013, the Defendant concluded a new employment contract with 40 security guards who worked in the existing B apartment including the Plaintiff (hereinafter “40 security guards, including the Plaintiff”).

According to the former employment contract, the term of the contract was six months from June 1, 2013 to December 31, 2013, and the renewal contract was made one month prior to the expiration of the employment contract and was included in the content that the cancellation will be deemed as cancellation if there is no renewal contract.

(2) The Defendant’s employment rules provide that “The term of employment contract shall be one year unless the term of employment is fixed, and the renewal contract may be concluded if necessary.”

On November 2013, the Defendant created a document stating that “the employment contract with workers who had entered into an employment contract with the B apartment council of occupants’ representatives expires on December 31, 2013, and later, when concluding a renewal contract with the Defendant, the Defendant may restrict the retirement age of those who are unfit for work or apartment due to lack of work ability, attitude of work, health conditions, etc., or demand for replacement of employees may not extend the employment contract.”

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