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(영문) 서울행정법원 2019.02.14 2018구합66722
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. On December 27, 2003, the Plaintiff, as an incorporated association, was established for the purpose of contributing to enhancing the national prestige and developing national sports culture by organizing and representing the CJ in the Republic of Korea and widely spreading C Games, thereby improving national physical strength and fostering excellent athletes. The Plaintiff is performing the business of deliberation and resolution of basic policies on C Games.

B. On June 22, 2015, the Intervenor joining the Defendant (hereinafter “the Intervenor”) entered the Plaintiff’s general affairs team to take charge of the computerization of accounting affairs, and entered into an employment contract with the Plaintiff for a period of two years (hereinafter “previous employment contract”) on August 3, 2015 and served as the deputy head of the general affairs team.

C. D has served as the Plaintiff’s president from May 2015 to March 2016. On February 20, 2016, D drafted a labor contract with respect to the Intervenor up to the retirement age stipulated in the rules of employment (hereinafter “instant labor contract”) with respect to which the period of the labor contract set forth in the rules of employment was set up. D. Accordingly, the relevant labor contract was set up.

On June 16, 2017, the Plaintiff notified the Intervenor on June 16, 2017 that “The Plaintiff’s previous employment contract will be terminated on August 3, 2017, and there is a need to adjust the number of workers overlapping in accordance with the group integration, thus refusing to renew the previous employment contract.”

(hereinafter referred to as “instant notice”). (e)

On October 27, 2017, the Intervenor filed an application for remedy with the Seoul Regional Labor Relations Commission by asserting that the instant notification and the subsequent refusal to renew the labor contract constituted unfair dismissal on August 3, 2017.

On February 6, 2018, Seoul Regional Labor Relations Commission cited the case on the ground that “the Plaintiff concluded the instant employment contract with the Intervenor on February 20, 2016, and thus, the Intervenor constitutes a worker who entered into an employment contract with no fixed period of time.”

F. On March 14, 2018, the Plaintiff appealed to the National Labor Relations Commission.

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