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(영문) 서울행정법원 2015.10.02 2015구합60716
부당해고구제재심판정취소
Text

1. On March 6, 2015, the National Labor Relations Commission: the Central Labor Relations Commission attached 2014, the 1333 school foundations A. between the Plaintiff and the Intervenor joining the Defendant.

Reasons

On November 16, 1971, in order to conduct higher education and operate the C University (hereinafter “instant University”), the Plaintiff was established and served as a juristic person with approximately KRW 5,700 teachers, employees, and staff members located in E Camps and Suwons located in Seoul, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) from July 12, 2010 to the Plaintiff’s appointment as a manager of handballs belonging to the University F Camps Sports Team operated by the Plaintiff (hereinafter “instant Sports Team”).

On July 31, 2014, the Plaintiff notified the Intervenor that the term of the labor contract with the Intervenor expires on August 31, 2014.

(hereinafter referred to as the “instant notification”). On August 31, 2014, the Intervenor asserted that the instant notification was unfair dismissal, and filed an application for unfair dismissal with the Plaintiff against the Gyeonggi Regional Labor Relations Commission, and on November 24, 2014, the Gyeonggi Regional Labor Relations Commission dismissed the Intervenor’s application for remedy on the ground that the Plaintiff’s application for remedy cannot be deemed dismissal on the ground that “the anticipated right to renew the labor contract is not recognized.”

On December 29, 2014, the intervenor dissatisfied with the above initial inquiry court and applied for reexamination to the National Labor Relations Commission on December 29, 2014, and the National Labor Relations Commission accepted the intervenor's request for remedy on March 6, 2015 on the ground that "the intervenor has a legitimate expectation to renew the labor contract to the intervenor, and the intervenor merely refused the terms and conditions of the contract including the six-month contract contract term presented by the plaintiff and did not intend to renew the contract or refuse the renewal of the contract itself."

(hereinafter “instant decision on reexamination” (hereinafter “instant decision on reexamination”). 【No dispute exists, entry of evidence Nos. 1, 2, and 6, and the purport of the entire pleadings, as to the legitimacy of the instant decision on reexamination, the Plaintiff’s Act on the Fixed-term Period System and the Protection, etc. of Part-Time Workers (hereinafter “Period Act”).

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