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(영문) 서울서부지방법원 2018.01.25 2017가합34615
근로에관한 소송
Text

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

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

Reasons

1. Facts of recognition;

A. 1) The Defendant is an incorporated foundation that provides comprehensive and systematic support to small and medium enterprises for the purpose of contributing to improving management conditions and strengthening competitiveness of small and medium enterprises by using approximately 250 workers. 2) The Plaintiff entered into an employment contract with the Defendant on August 1, 2013 with a one-year contract period. On August 1, 2014, the termination date of the said employment contract was renewed by July 31, 2015.

B. On March 22, 2012, the Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City first measure”) against the Plaintiff, to improve the treatment of fixed-term workers employed by the Seoul Special Metropolitan City as well as the Defendant that invested in the Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City first measure”) and to promote the transition of inorganic contract positions.

As of November 201, the first measure of Seoul Special Metropolitan City was announced. As of the end of November 201, the remaining fixed-term workers except fixed-term workers employed to handle intermittent work among fixed-term workers working for Seoul Special Metropolitan City and its invested institutions, or fixed-term workers who are excluded from the conversion into inorganic contract workers under the legal guidelines (hereinafter referred to as “fixed-term workers subject to conversion”).

(2) As of April 2012, the Defendant, among 52 fixed-term workers employed as of the end of April, 2012, transferred only the remaining 22 fixed-term workers to inorganic contract workers instead of inorganic contract workers on the ground that the working attitude of three among 52 fixed-term workers employed as of the end of April 2012 is bad.

3) The Seoul Special Metropolitan City shall take measures to improve the employment of non-regular workers in the second public sector in Seoul Special Metropolitan City in December 2012 (hereinafter “Seoul Special Metropolitan City second measure”).

A. The notice was made.

The second measure in Seoul shall be taken on December 2012.

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