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(영문) 서울행정법원 2016.05.19 2015구합76834
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. On January 2013, an intervenor entered into a labor contract again with the Plaintiff with the term “from February 1, 2014 to January 31, 2015”.

In connection with the conclusion of the service contract with the plaintiff, the intervenor has fully been aware of the following matters and confirmed that no objection is raised in relation thereto:

1. The conversion to a specialized occupational category shall be examined and decided by the Plaintiff at the time when the period of continuous service after the conclusion of the first service contract reaches two years; and

2. Where the result of the examination by the Plaintiff is not converted to a specialized occupational category, the contractual relationship with the Plaintiff is terminated without renewal of the working contract.

On February 1, 2013, the intervenor entered into an employment contract with the Plaintiff and prepared the following certificates:

- Performance evaluation requirements for the heads of work performance and division meeting all the comprehensive evaluation requirements: The average points of work performance evaluation (based on individual evaluation) during the contract period do not belong to the lower 35 percent of the same class group; * The results of work performance shall be calculated based on personal evaluation that does not reflect the group performance evaluation in order to objectively evaluate the capabilities of professional workers in the contract. ② The results of the fair and strict evaluation of the ability, performance, attitudes, etc. of work performance are “Excellent” or “the standards for the management of human resources for professional workers in contract service” of the Plaintiff, while the following requirements are provided:

The results of evaluations of work performance of participants in the first half and second half of the year 2013 and in the second half of the year 2014 are as follows:

The performance evaluation (60%) performance evaluation (40%) performance evaluation (40%) scores (40%) shall be the final score 79.90- 79.90- 79.900- 80.00 for the first half of 2013 for the first half of 20.00 70.94.94.3% for the second half of 2013 79.9.95 - 80.00.00 - 80.00 80.00 - 80.0 79.97.4% for the first half of 2013.

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