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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the Plaintiff, including the part resulting from the participation.
Reasons
1. Details of the decision on retrial;
A. The Plaintiff is a company established on January 1, 1990 and engaged in electrical construction business with 15 regular workers.
B. The Plaintiff participated in the tender for the power distribution project of the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) every two years, and mainly ordered the electrical construction in the area of Chungcheong Ngun, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) is a person qualified to be a major of electric power generation or power distribution.
C. At the time of the commencement of employment and the termination of employment of the Intervenor, its employees are as follows:
The intervenors worked under the direction and supervision of the plaintiff regardless of the name of the company to which they belong.
A B B B 194 Nov. 5, 1994 (State) 2 C 2 C 2 C on Nov. 10, 2008 (State) 3D 2001 May 2, 2001, A (State) 4 E on Sep. 11, 2013 F 5 F.O (State) 6 G April 12, 2013, 2017 7 H 7 H 7 H 7 H 7 on Dec. 11, 2017 (State) 8 I on Nov. 10, 2013 (State) 9 J. 10 on Mar. 3, 1998 (State) 10 on Mar. 18, 200, L. 198 (State)
D. The remaining intervenors except Intervenor G (hereinafter “ Intervenor B, etc.”) renewed an employment contract on a yearly basis on January 11, 2017, and entered into an employment contract with the Plaintiff on January 10, 2019, respectively.
On December 11, 2017, the Intervenor G concluded a labor contract between the Plaintiff and the Plaintiff on December 10, 2019 with the expiry date of the labor contract.
E. On January 11, 2019, the Plaintiff did not conclude a re-contract with the Intervenor B, etc., and terminated the labor relationship on the same day as the Intervenor G.
(B) On March 8, 2019, the Intervenor filed an application for unfair dismissal and remedy with the Chungcheongnamnam Regional Labor Relations Commission on the termination of the labor relationship of this case.
On May 7, 2019, the Chungcheongnamnam Regional Labor Relations Commission constitutes a worker who does not have a fixed period of time by an intervenor B, etc., and G determined that the intervenor G is a fixed-term worker, and the time and reason for the termination of the employment relationship of this case constitutes dismissal.