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(영문) 서울행정법원 2019.04.04 2018구합2957
부당해고구제재심판정취소
Text

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 Intervenor joining the Defendant (hereinafter “the Intervenor”) is a non-profit group comprised of occupants in Mapo-gu Seoul Metropolitan Government B apartment, which employs approximately 30 workers at all times and manages the said apartment.

B. Around July 1, 2015, the Intervenor entered into an employment contract with the Plaintiff, setting the period from July 1, 2015 to June 30, 2016, under which the Plaintiff would serve as the chief of the electric power station of the said apartment management office (hereinafter “instant management office”) (hereinafter “instant primary employment contract”).

(A) On August 27, 2015, as the assignment of the Plaintiff was changed from the chief of the former office to the chief of the management division, the Intervenor and the Plaintiff drafted a labor contract again by reflecting the matters on the change of the assignment around August 31, 2015.

On June 3, 2016, the Intervenor notified the Plaintiff that the instant primary labor contract had expired on June 30, 2016, and concluded a labor contract with the effect that the Plaintiff and the Plaintiff will work as the chief of the management division (the chief of the management division, the fire fighting division, and the management administration division) during the period from July 1, 2016 to June 30, 2017 (hereinafter “instant secondary labor contract”); and both the instant primary labor contract and the instant secondary labor contract are referred to. D.

On May 29, 2017, the Intervenor notified the Plaintiff that the instant secondary labor contract would expire on June 30, 2017 (hereinafter “instant notification”).

E. On September 29, 2017, the Plaintiff asserted that the Intervenor as the respondent constituted an unfair dismissal and filed an application for remedy against unfair dismissal with the Seoul Regional Labor Relations Commission.

On November 27, 2017, Seoul Regional Labor Relations Commission rendered a ruling dismissing an application for remedy on the ground that “the instant secondary labor contract is a contract with a fixed period of time, and it is difficult to deem the Plaintiff to have the right to renew.”

F. On December 26, 2017, the Plaintiff is the first instance court to the National Labor Relations Commission.

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