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(영문) 서울행정법원 2019.07.11 2018구합76330
부당해고 구제 재심판정취소
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

Details of the Review Decision

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a corporation that is established on December 17, 2007 and employs approximately 60 full time workers, and engages in housing management business and building comprehensive management business, etc.

On March 1, 2017, the Plaintiff is a worker who became a security guard in the apartment of this case and works for the Hamnam-gun, Hamnam-gun as a security guard.

B. On or around March 2017 and June 1, 2017, the Plaintiff entered into a labor contract with the Intervenor, respectively, with the following terms and conditions, and “the first and second labor contracts” and “the instant labor contract” at the same time.

(2) The term of employment contract shall expire from March 1, 2017 to May 31, 2017, where it is impossible to continue to work due to the expiration or termination of the term of employment contract at the placement place, the term of employment contract shall expire on the day on which the relevant ground arises. (2) For three months from the contract date, the term of employment contract may be terminated. (1) Article 1(2) of the Labor Contract Act (the term of employment contract on June 1, 2017) ① This contract shall expire from June 1, 2017 to December 31, 2017. However, where the retirement age prescribed by the Rules of Employment arrives, or the period of employment cannot be extended due to the expiration or termination of the term of employment contract at the placement place, the period of employment contract shall expire on the day on which the relevant ground arises.

It shall strictly comply with the time limit specified in the employment contract, in the written special agreement of the employment contract.

In any case, the worker is voluntarily transferred or postponed without the employer's approval.

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