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(영문) 부산고등법원 2016.08.24 2015누24154
근로자지위확인
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts and

2. The reasons why the plaintiffs' assertion is used are as follows, except for the addition of the following facts to the 9th page 8 of the judgment of the court of first instance. Thus, this part of the grounds of the judgment of the court of first instance is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Parts] Meanwhile, the Defendant, who is dissatisfied with the above review decision by the National Labor Relations Commission, filed a lawsuit seeking the revocation of the said review decision by the Daejeon District Court 2015Guhap105024, and the above court accepted the Defendant’s claim on April 21, 2016 and rendered a judgment revoking the said review decision.

At present, the above case is pending in the appellate court as the Daejeon High Court 2016Nu11054.

A person shall be appointed.

3. Determination

(a) the relevant statutes and regulations;

B. The reasons why this part of the judgment on the claim No. 1 is used are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited as it is.

C. In the case of an employee who has entered into an employment contract within a fixed period of one month for determination on the second proposal, the status relationship as an employee shall be terminated as a matter of course by the expiration of the period, and if the employment contract is not renewed, the employee shall be automatically dismissed even without the declaration of refusal

However, a labor contract, employment rules, or collective agreement provides that a contract shall be renewed if certain requirements are met, regardless of the expiration of the term of the contract. In full view of the various circumstances surrounding the labor relationship in question, such as the contents of the contract and the motive and circumstances leading up to the execution of the contract, whether or not the requirements or procedures for renewal such as the standards for renewal of the contract are established, and whether or not the contract is established or not, and the contents of the work performed by the worker, etc., the contract may be renewed in a trust relationship that the contract is renewed if certain requirements

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