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(영문) 대전고등법원 2016.09.08 2016누11047
부당해고구제재심판정취소
Text

1. All appeals by the supplementary intervenor except the defendant and B are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: “Article 4(1)5” and “Article 4(1) proviso of Part 5 of Part 5 of the judgment of the court of first instance” in Part 5, “Article 4(1)5”; “Defendant’s assertion” in Part 6; “2012” in Part 4 through 15 are as follows: “2013”; and “2012” in Part 4 is as “2013”; and it is identical to the ground of the judgment of the court of first instance except for adding the judgment on the assertion that Defendant Intervenor A and C re-emphasized in the trial of the court of first instance pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. Defendant Intervenor A and C’s assertion (1) also does not constitute an exception to the restriction on the period of use of fixed-term workers under Article 4(1) proviso of Article 4(1)5 of the Fixed-term Work Act, just as “the Visiting Health Management Business after Integration” (Chapter 1). (2) Even if “the Visiting Health Management Business before Integration” itself constitutes an exception to the restriction on the period of use of fixed-term workers.

Even if the above business was incorporated into “on-the-spot visit health management business after integration” on January 1, 2013, and excluded from the grounds for exception to the restriction on the period of use of fixed-term workers, the Intervenor A and C, who entered into an employment contract without a fixed period of time pursuant to Article 4(2) of the Fixed-term Work Act, shall be deemed to be a worker who entered into an employment contract without a fixed period of time pursuant to Article 4(2).

Judgment

(1) The proviso of Article 4(1)5 of the Fixed-term Workers Act provides that the employer may employ fixed-term workers for more than two years in cases prescribed by Presidential Decree, where the employment is offered in accordance with the government’s welfare policy and unemployment measures for the first week. Accordingly, Article 3(2)1 of the Enforcement Decree of the same Act limits the period of employment of fixed-term workers.

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