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All appeals are dismissed.
The costs of appeal are assessed against the Defendant and the Intervenor.
Reasons
The grounds of appeal are examined.
1. In the case of an employee who has entered into an employment contract for a specified period, the status of the employee as a matter of course shall be terminated, and if the employee fails to renew the employment contract, in principle, he/she shall retire from his/her office
However, in a case where a labor contract, employment rules, or collective agreement provides that a labor contract shall be renewed if a certain requirement is met despite the expiration of the term of the contract, or where it is acknowledged that an employer has a legitimate right to expect that a labor contract may be renewed if a certain requirement is met, in light of various circumstances surrounding the labor relationship, such as the details of the labor contract and the motive and background of the labor contract, the standards for renewal of the contract, etc., the establishment of renewal requirements or procedures, the actual condition thereof, and the contents of the work performed by the employee, even if not provided for in such provision, it is invalid for the employer to unfairly refuse the renewal of the labor contract in violation of this provision,
In such cases, the employment relationship after the expiration of the period is the same as the renewal of the previous employment contract.
(see Supreme Court Decision 2007Du1729, Apr. 14, 201). In a case where a fixed-term employment contract is concluded with the lapse of the retirement age, a reasonable right to expect renewal of an employment contract shall be determined by comprehensively taking into account the ability to perform duties required in the nature of the relevant duties, qualification for performing duties, degree of decrease in work efficiency or risk according to the age, the status of the elderly employed in the relevant workplace whose retirement age has passed, and the case of renewal of the contract, in addition to the aforementioned various circumstances.
(see Supreme Court Decision 2016Du50563, Feb. 3, 2017). The right to expect renewals already created by workers is reasonable.