logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.23 2016나11549
해고무효 및 임금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and the reasoning for the judgment of the court of first instance is the same as the ground for the judgment of the court of first instance except for the addition of the judgment of the plaintiff’s assertion to the following.

2. Additional matters to be determined;

A. The Plaintiff’s assertion that: (a) the Plaintiff entered into a non-fixed-term employment contract on September 2, 2013; and (b) on February 1, 2015, the labor contract, which was concluded during the period of February 1, 2015, is merely a form of a contract to obtain a guarantee insurance policy; (c) the Plaintiff was an employee with no authority at the time, and thus, was invalid; (d) the Plaintiff was an employee with no authority at the time; (b) the Plaintiff did not pay retirement allowances when concluding a labor contract on February 1, 2015; and (d) the Plaintiff notified the rejection of the contract at least five days prior to the expiration date; and (e) the Plaintiff did not have any choice but to expect the renewal of the labor contract under the same conditions as a matter of course; (e) in light of the fact that the Defendant was dismissed, and that such dismissal is null and void.

B. In the case of an employee who entered into an employment contract for a specified period, the status relationship as an employee should be terminated naturally due to the expiration of the period.

However, there is a provision that the labor contract shall be renewed if certain requirements are met, regardless of the expiration of the term of validity in the labor contract, employment rules, collective agreement, etc., or there is a legitimate expectation that the labor contract may be renewed according to the trust relationship between the parties to the labor contract, in full view of various circumstances surrounding the labor contract, even if there is no such provision.

arrow