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(영문) 서울행정법원 2017.01.24 2016구합6160
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 “Supplementary Intervenor”) is a corporation established around July 29, 2008, based on Article 27-2 of the Forestry Culture and Recreation Act, and carries out programs for education of mountaineering and trekking and international cooperation, training of professional mountain and mountain path guides, and support programs.

B. On July 10, 2014, the Plaintiff entered into a labor contract with the Intervenor to work as the director of the C Museum operated by the Intervenor (hereinafter “the first labor contract”) by setting the contract period from July 11, 2014 to December 31, 2014.

In addition, on January 23, 2015, the Plaintiff concluded a contract with the Intervenor to set the contract term from January 1, 2015 to December 31, 2015 (hereinafter “the second employment contract”) with the said C Museum’s director as well as the said C Museum’s director.

C. On November 24, 2015, the Intervenor notified the Plaintiff of the expiration of the contract that “The second labor contract expires on December 31, 2015, and the Intervenor notified the Plaintiff that he/she had no intention to re-contract (extension of the appointment period)” (hereinafter “instant notification”). D.

On January 1, 2016, the Plaintiff asserted that the Intervenor’s failure to renew the labor contract with the Plaintiff on January 1, 2016 constitutes unfair dismissal, and filed an application for unfair dismissal relief with the Gangwon Regional Labor Relations Commission (2016) No. 2016, Jan. 18, 2016.

The Gangwon Regional Labor Relations Commission, March 2, 2016, has a legitimate expectation to renew the contract with the plaintiff on March 2, 2016, but there are reasonable grounds that the intervenor has not renewed the contract with the plaintiff.

' by reason of the rejection of the plaintiff's above petition for remedy.

E. On April 4, 2016, the Plaintiff filed an application for reexamination with the National Labor Relations Commission under the Ministry of Labor No. 2016 No. 354 regarding the said initial inquiry tribunal.

On June 21, 2016, the National Labor Relations Commission dismissed the plaintiff's above request for reexamination on the same grounds as the above initial inquiry court.

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