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1. On April 11, 2016, the National Labor Relations Commission rendered relief for unfair dismissal (2016) between the Plaintiff and the Defendant joining the Defendant.
Reasons
1. Details of the decision on retrial;
A. The Plaintiff is a corporation that provides comprehensive and systematic support to small and medium enterprises with approximately 250 workers for the purpose of contributing to improving the management conditions and strengthening the competitiveness of small and medium enterprises. 2) The Intervenor joining the Defendant (hereinafter “ Intervenor”) entered into an employment contract with the Plaintiff on August 1, 2013 on which the term of the contract was one year, and the contract was renewed on August 1, 2014 on July 31, 2015.
B. On March 22, 2012, the Seoul Special Metropolitan City (i) refused to convert the Plaintiff’s inorganic contract position to the Intervenor) in order to improve the treatment of the fixed-term workers employed by the Plaintiff as well as the Seoul Special Metropolitan City, and to promote the transition of the inorganic contract position to the same organization as the Plaintiff that contributed and invested by the Seoul Special Metropolitan City as well as the Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City first countermeasures”).
As of the end of November 201, the first measure was announced. As of the end of Seoul Special Metropolitan City, the remaining fixed-term workers (hereinafter referred to as “fixed-term workers subject to conversion”) excluding fixed-term workers employed in order to temporarily and intermittent work among fixed-term workers working in Seoul Special Metropolitan City and its contribution and investment agencies, or fixed-term workers whose fixed-term workers are excluded from the conversion into indefinite contract workers under the law and guidelines.
(2) Unless the work performance, attitude, etc. do not fall under extremely poor, on May 1, 2012, the Plaintiff reported that on May 4, 2012, 2012, the Plaintiff constitutes a fixed-term worker subject to conversion by 25 out of 52 fixed-term workers employed as of the end of April 2012. Of these, three of them were limited to inorganic contract workers due to lack of work attitude, and the remaining 22 fixed-term workers were converted to inorganic contract workers.
3 The Seoul Special Metropolitan City is the second public sector of Seoul Special Metropolitan City on December 2012.