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(영문) 부산지방법원 2015.11.27 2014구합4185
근로자지위확인
Text

1. From January 1, 2015, the Plaintiff set the period with the Defendant regarding the Defendant’s projects for promoting the integrated health of local communities.

Reasons

1. Basic facts

A. The defendant is a local government that establishes and operates a swimming-gu public health clinic under its jurisdiction, and the plaintiff is a physical therapy worker who works as a human resources in charge of visiting health care in the above public health clinic.

B. The Ministry of Health and Welfare entered into an employment contract and renewal of the contract between the Plaintiff and the Defendant (1) around 2012 by integrating the 17 individual projects (including visit health management projects, community-oriented rehabilitation in community, and integrated health care services, etc.) that a local government had conducted for the purpose of health care in a healthy living environment, prevention of chronic diseases, and health care for vulnerable class, from January 1, 2013 to manage them at all times and continuously. Accordingly, visit health management projects were one of the projects for community integration health promotion projects from January 1, 2013 to local community integration projects (hereinafter referred to as “integrated visit health management projects”), and the visit health management projects prior to the integration as above are referred to as “integrated visit health management projects” and the visit health management projects prior to the integration as above.

(2) From September 1, 2010, the Plaintiff was employed as a person in charge of the Defendant’s pre-integrated visit health management services. From September 1, 2010, until 2014, the Plaintiff renewed the fixed-term employment contract with the Defendant every year and drafted a new employment contract.

C. The Defendant’s notification on the expiration of the contract term and employment of part-time public officials 1) employees engaged in the Defendant’s pre- and post-integrated visit health management business, including the Plaintiff, demand for a inorganic contract transition from December 2, 2013 to several times through group negotiations with the Defendant. However, the Defendant’s notification that the contract term expires as of December 31, 2014 to employees including the Plaintiff on December 1, 2014 (hereinafter “Notification of the expiration of the contract term”).

(2) After December 10, 2014, the Defendant was integrated.

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