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(영문) 청주지방법원 2019.03.21 2018구합2976
근로자 지위 확인
Text

1. All of the primary and conjunctive claims of this case shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant is a local government established pursuant to Article 2(1)2 of the Local Autonomy Act.

B. Since the Plaintiffs entered into an employment contract with the Defendant’s fixed-term employee on the date indicated below, they have prepared a new employment contract by renewal of a fixed-term employment contract with the Defendant every year on an annual basis.

Plaintiff

A May 20, 2005 B July 1, 2008, C, 2009 April 1, 2009 D, April 1, 2009 E, April 1, 2009 F, July 1, 201, G 1, 2013

Plaintiff

From January 1, 2015, the A, B, and F were converted to a worker who has no fixed period of time employed in accordance with the Regulations on the Management of Public and Fixed-Term Workers from October 1, 2018 to October 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including each number, hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiffs asserted that when two years have passed since the date they commenced to work as a fixed-term worker of the defendant, they shall be deemed to be "worker who has entered into an indefinite-term employment contract (hereinafter "non-fixed-term worker") pursuant to Article 4 (2) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter "fixed-term Employment Act"), and they seek confirmation as to whether the plaintiffs are in the position of indefinite-term worker from the date two years have elapsed since the beginning of each service by the primary claim.

In addition, the plaintiff A, B, C, D, and E seek confirmation from the defendant as to the status of inorganic contract worker since November 28, 201 when the ground for exception to the fixed-term conversion of Article 4 (1) of the Fixed-term Workers Act ceases to exist in accordance with the public sector's measures for improvement of employment of non-regular workers.

(b) as shown in the attached Form of the relevant statutes;

C. One lawsuit for confirmation must have a legal interest that must be immediately confirmed as to the existence of present rights or legal relations.

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