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(영문) 서울고등법원 2018.07.03 2017누77765
해고무효확인
Text

1. The judgment of the first instance court, including the plaintiffs' claims extended at the trial after remand, shall be modified as follows.

Reasons

1. Basic facts

A. 1) The Defendant’s “Ordinance on the Establishment and Operation of the AA City Art Group” (hereinafter “instant Ordinance”) shall be construed as the “Ordinance.”

Pursuant to AA City Do Do Do Do Do Do Do Do Do (hereinafter referred to as “this case Do Do Do Do

AA City Arts Group (hereinafter referred to as “instant Art Group”) including others

(2) The Plaintiffs are establishing and operating a group. (2) On or after December 1, 2004, the Plaintiff was a person who was admitted as a non-permanent member of the instant group on each corresponding date listed in the separate sheet No. 4 as of the date on which the instant group was established. Under Article 9 of the instant Ordinance, the Plaintiffs entered into a two-year appointment contract with the Defendant pursuant to Article 9 of the instant Ordinance, and re-commissioned as a member through a regular performance evaluation under Article 8 of the Enforcement Rule of the instant Ordinance whenever the period expires. The period of commission was finally fixed from February 1, 2009 to January 31, 201.

(3) On November 8, 2010, the Defendant decided to publicly recruit non-permanent members of the art group of this case through practical (or document screening) and interview on November 23, 2010, after the resolution of the art group management committee of this case (hereinafter “201”) on November 8, 2010 under Article 4 of the Ordinance of this case, the Defendant did not re-commission the existing members whose appointment period has expired with respect to the recruitment of members, and selected members through new screening, and decided to publicly recruit non-permanent members of the art group of this case through practical (or document screening) and interview on November 23, 2010. 4) On December 30, 2010, the Defendant: (a) on December 30, 2011, the Defendant announced the recruitment announcement (hereinafter “instant public announcement”); (b) on January 31, 2011, the Defendant was to have the existing member to apply for the public announcement on the recruitment of members of the art group of this case as of this case (hereinafter “the appointment announcement”).

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