logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.10.11 2018나12054
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds alleged in the trial while the plaintiff appealed from the judgment of the court of first instance are not significantly different from the grounds alleged in the judgment of the court of first instance.

In full view of the evidence presented in the first instance and the trial court, the fact-finding and decision of the first instance court is justified even after considering the evidence.

Therefore, the reasoning of this court concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for partial supplement as follows.

2. Supplementary parts

A. In a single working condition system, where a number of workers group is within a single working condition system and it is anticipated that the revised rules of employment will be applied to other workers group even if only one employee group is directly at the time of the unfavorable revision of the rules of employment, a workers group including not only a certain employee group but also a workers group expected to be subject to the revised rules of employment. However, if there is no worker group that is expected to be subject to the revised rules of employment in addition to a worker group that is subject to the revised rules of employment because the revised rules of employment became extinct and is not directly disadvantaged, only the workers group that is subject to the revised rules of employment is subject to consent (see, e.g., Supreme Court Decision 2009Du2238, May 28, 2009).

Examining the following circumstances in light of the overall purport of the evidence presented by the first instance court in light of the aforementioned legal doctrine, it is difficult to view that the evidence submitted by the Plaintiff alone is anticipated to apply the personnel regulations of this case to fixed-term workers, and there is no other evidence to acknowledge it.

1. Article 2 of the Personnel Regulations of this case provides that “This provision shall apply to all employees of the welfare center, excluding the head of the welfare center.”

However, Article 2 of the Guidelines for Management of Contract Employees in the workplace of this case is the Guidelines for Management of Contract Employees.

arrow