(영문) 서울행정법원 2018.03.29 2017구합78735

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(영문) 서울행정법원 2018.03.29 2017구합78735

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The plaintiff is a party with the status of the A apartment completed on June 19, 1981 (hereinafter "the apartment of this case").

(2) On October 1, 2015, the Intervenor is an organization that is composed of about 40 full-time residents and manages the instant apartment complex using approximately 40 full-time workers. The Intervenor is a person who joined the Plaintiff and worked as the head of the management office of the instant apartment.

B. On December 28, 2014, the head of Songpa-gu: (a) around April 2015, the head of the management office of the Plaintiff entered into an employment contract without the resolution of the council of occupants’ representatives on the grounds that the head of the management office is a continuous worker for not less than two years; (b) the head of the autonomous management office must appoint with the consent of the majority of the council of occupants’ representatives; and (c) the head of the management office has provided the administrative guidance that the appointment of the council of occupants’ representatives and the conclusion of the employment contract should be made even if he/she has worked for not less than two consecutive years. (b) On July 2015, the intervenor reported the public notice of job offers to the Plaintiff that the Plaintiff is employed by the head of the management office on the website for job offering and seeking the Plaintiff

3) The Plaintiff (D at the time) shall, following the resolution of the council of occupants’ representatives, set the term of the labor contract with the Intervenor on October 1, 2015 through the resolution of the council of occupants’ representatives, from October 1, 2015 to December 31, 2015, and determine the position as the head of the management office as the head of the management office and include the following (hereinafter “previous labor contract”):

Article 6 (Period of Probation for New Employees) ① The period of probation of the Intervenor at the time of new employment shall be three months from the date of the date of entry. ② The continuous employment may be cancelled if the continuous employment as an employee is disqualified by comprehensively assessing the attitude of employment, capacity, qualities, sincerity, health conditions, etc. during the above period.

유사 판례

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