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(영문) 대법원 2015.01.15 2012두18868
부당해고구제재심판정취소
Text

The appeal is dismissed.

The costs of appeal shall be borne by the Plaintiff, including those incurred by supplementary participation.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In principle, an employee who has entered into an employment contract with a fixed period of time in relation to the legitimate right to expect renewal of the employment contract shall terminate the employment contract as a matter of course when the said period expires, and if the employment contract is not renewed, he/she shall be automatically dismissed even without the employer’s

However, in a case where a labor contract, employment rules, or collective agreement provides that even if the term expires, if certain requirements are met, the pertinent labor contract shall be renewed if such requirements are met. In full view of various circumstances surrounding the pertinent labor contract, such as the details of the labor contract and the motive and circumstances leading up to the formation of the contract, the standards for renewal of the contract, etc., whether or not to establish the requirements or procedures for renewal of the contract, the status thereof, and the contents of the work performed by the employee, etc., if there is a trust between the parties to the labor contract that the contract will be renewed if certain requirements are met, and thus, the employer may have a legitimate expectation to renew the labor contract in violation

(See Supreme Court Decision 2007Du1729 Decided April 14, 201). The lower court, on the grounds indicated in its reasoning, did not provide for the purport that even if the term of a labor contract expires in a labor contract, employment rules, collective agreement, etc., the pertinent labor contract shall be renewed when certain requirements are met. However, barring special circumstances, such as that the Plaintiff and the Intervenor joining the Defendant (hereinafter “ Intervenor”) are very poor before the enforcement of the Fixed-term Act, a fixed-term employment contract shall be renewed.

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