1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

1. Details of the decision on retrial;

A. Under Article 2(2) of the Local Autonomy Act, the Plaintiff is a local government that operates a public health clinic as one of its business places while rendering public services, such as residents’ welfare and self-government administration, and the Defendant’s assistant intervenor was employed as a fixed-term worker on August 6, 2008 by the Plaintiff and worked as a visiting sports agent at C public health clinics, and was notified of the expiration of the labor contract as of December 31, 2014.

B. On February 10, 2015, the Defendant Intervenor filed an application for remedy with the Busan Regional Labor Relations Commission on the ground that the notice of expiration of the term of the labor contract rendered by the Plaintiff as of December 31, 2014 constituted an unfair dismissal.

A visiting health management business cannot be subject to the proviso of Article 4(1) of the Fixed-term Act. Even if the above proviso is applicable, since the main sentence of Article 4(1) of the Fixed-term Act was applied from January 1, 2013 to the Ministry of Health and Welfare in accordance with the guidelines of the Ministry of Health and Welfare, the Defendant’s assistant intervenor constitutes a case where he/she worked for more than two years including the period before January 1, 2013, and thus, it should be deemed that he/she entered into an employment contract

In addition, in light of the fact that an employment contract has been renewed for several years, it is unfair to notify the Plaintiff of the expiration of the contract term in this case on the ground that the contract term as of December 31, 2014 has expired without reasonable grounds.

C. On May 7, 2015, Busan Regional Labor Relations Commission dismissed an application for unfair dismissal on the ground that the defendant’s assistant intervenor’s right to renew the labor contract is not recognized.

(In Busan Regional Labor Relations Commission Decision 2015, May 7, 2015, 2015, Dano102/Mano14).

The defendant assistant intervenor dissatisfied with the above initial inquiry court and applied for reexamination to the National Labor Relations Commission on June 11, 2015, but the National Labor Relations Commission accepted the defendant assistant intervenor's application for reexamination on October 20, 2015.