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(영문) 대법원 2016.11.10 2014두45765
부당해고구제재심판정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Case history

A. The Plaintiff is a foundation corporation that operates a social job support project for the unemployed, and the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was working for the Plaintiff corporation as the head of the social company establishment support team.

On September 24, 2012, the Plaintiff notified the Intervenor that the term of the labor contract was terminated as of October 25 of the same year.

On November 21, 21 of the same year, the intervenor asserted that the notification of this case to the Seoul Regional Labor Relations Commission constituted unfair dismissal, and filed an application for unfair dismissal relief.

The Seoul Regional Labor Relations Commission rejected the Intervenor’s motion on January 24, 2013, deeming the instant notification to be the expiry of the lawful contract term.

However, on May 22, 2013, the National Labor Relations Commission recognized the legitimate expectation right for the renewal of the labor contract to the intervenors, deeming that the Plaintiff was unfairly terminated the labor relationship, and received the Intervenor’s request for reexamination.

B. The lower court determined as follows.

(1) In full view of the adopted evidence, the lower court: (a) concluded a labor contract on October 26, 2010 with the contract period from October 26, 2010 to October 25, 2012; (b) stated that the contract period may be renewed one month prior to the expiration of the labor contract; (c) the intervenor performed the duties of the donator management team at the time of employment; (d) was transferred to the social corporate establishment support team on March 14, 201; and (e) the Plaintiff was transferred to the social corporate establishment support team on March 9, 2012; and (e) on September 19, 2012, the Plaintiff conducted a personnel evaluation of the Intervenor and E with the fixed-term workers whose contract period has expired (hereinafter “personnel evaluation”). The instant personnel evaluation was conducted to provide opportunities for regular retirement; and (e) the Intervenor’s final evaluation was conducted by the manager of the first 1 (1) percent (60%) and the executive director of the Secretariat (20%).

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