All appeals are dismissed.

The costs of appeal are assessed against the Intervenor, and the remainder are assessed against the Intervenor.

The grounds of appeal are examined.

1. Case history

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) concluded a labor contract with the Plaintiff, and served as a painting from February 14, 201 to December 31, 2011.

Since January 1, 2012 to February 29, 2012 without entering into a separate contract, labor contract was concluded again and work from March 1, 2012 to December 31, 2012.

B. On December 22, 2012, the Plaintiff notified 18 fixed-term workers, including intervenors, whose contract term expires on December 31, 2012 due to the reduction in contract volume.

C. On April 1, 2013, an intervenor entered into a new employment contract with the Plaintiff and served between April 1, 2013 and March 31, 2014, and entered into a new employment contract and served between April 1, 2013 and December 31, 2014.

On December 31, 2014, the Plaintiff did not renew the employment contract with the Intervenor whose term of the employment contract expires between the Plaintiff and the Intervenor.

E. The Intervenor asserted that such termination of the labor contract constitutes unfair dismissal, and filed a request for remedy with the Labor Relations Commission.

When the Regional Labor Relations Commission accepted the Intervenor’s request for remedy and the National Labor Relations Commission dismissed the Plaintiff’s request for review, the Plaintiff filed the instant lawsuit.

2. Whether to recognize the continuity of labor relations (Ground of appeal No. 1)

A. Article 4 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “ Fixed-Term Act”) provides that “An employer may hire a fixed-term worker for a period not exceeding two years (where a fixed-term employment contract is renewed repeatedly, to the extent that the total period of continuous employment does not exceed two years)” and the proviso provides for an exception to the employment of a fixed-term worker for more than two years.

In the main sentence of paragraph (2), fixed-term workers shall be appointed for more than two years even though there is no reason or extinguishment under the proviso to paragraph (1).