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(영문) 서울고등법원 2014.10.22 2014누45064
부당해고구제재심판정취소
Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal shall include the part resulting from the participation in the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows: ① the court of first instance admitting each “Plaintiff” in the first and second parts below 10 of the grounds of the judgment of the court of first instance as the “ Intervenor”; ② the ground of the judgment of the court of first instance excluding adding the judgment on the Intervenor’s assertion as follows.

Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[However, the part which the first instance court decided on the intervenor's assertion that is not identical to the defendant's disposition (Article 2-2 of the judgment of the first instance court). [Supplementary judgment] 【The intervenor has a legitimate expectation of the renewal of the labor contract entered into with the plaintiff while the intervenor was in the trial, and the plaintiff refused the renewal of the labor contract without reasonable grounds. Thus, the judgment of the first instance court, which received the intervenor's request for remedy, is lawful.

An intervenor is a worker whose period is not specified in the appellate brief.

Although the dismissal procedure of this case was alleged to be unlawful, all of the above arguments were withdrawn at the first date of pleading in the trial.

(3) In light of the above legal principles and records, the Intervenor’s right to expect renewal of an employment contract entered into with the Plaintiff cannot be seen as having been duly expected, in full view of the following circumstances revealed by the facts admitted by the first instance court and the evidence adopted earlier.

Therefore, the decision of review of this case is unlawful.

① The President (referring to the representative of the Plaintiff) with respect to the renewal of the employment contract of the contracting officer in research service after deliberation by the personnel committee, may determine whether to renew the contract and the renewal of the contract period for the contracting officer in research service after deliberation by the personnel committee.

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