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The plaintiff's claim is dismissed.
All costs of lawsuit, including the part arising from the participation in the lawsuit, shall be borne by the plaintiff.
Reasons
Details of the Review Decision
A. On January 24, 1938, the Plaintiff was a shipbuilding cadastral association, a foundation, and changed its mission to the current name on June 24, 2015, and is a public institution that ordinarily employs approximately 4,500 workers and conducts research, cadastral survey, etc. on the intellectual system, and is an entrusted enforcement-type quasi-governmental institution under the Act on the Management of Public Institutions.
B. On December 28, 2018, the Intervenor joining the Defendant (hereinafter “ Intervenor”) joined the Plaintiff as a recruitment-type intern, and performed cadastral surveying duties at the Headquarters C branch of the Chungcheongbuk District Headquarters C.
C. On April 18, 2019, the Plaintiff held a personnel committee for the full-time conversion of a recruitment-type intern, and examined whether to appoint a full-time employee based on a company subject to conversion.
In the instant case, the personnel committee decided to exclude the Intervenor from the status of regular employment, and the Plaintiff issued a new staff appointment order on April 22, 2019, excluding the Intervenor, on April 22, 2019. On April 28, 2019, the Plaintiff notified the Intervenor of the expiration of the contract term.
hereinafter referred to as "the refusal of the conversion of this case".
On May 8, 2019, the Intervenor filed an application for remedy with the Chungcheong Regional Labor Relations Commission by asserting that the refusal of the conversion of this case was unfair dismissal.
On July 2, 2019, the Chungcheong Regional Labor Relations Commission dismissed the Intervenor’s request for remedy on the ground that the Intervenor’s refusal to convert into regular positions is not unfair, since the Intervenor’s expectation to convert into regular positions is recognized as reasonable grounds for refusal to convert into regular positions.
E. The Intervenor appealed and filed an application for review with the National Labor Relations Commission.
On October 23, 2019, the National Labor Relations Commission revoked the decision of the District Labor Relations Commission of the first instance and rendered a decision citing the Intervenor’s request for remedy on the ground that the Intervenor’s refusal to convert into regular positions is unfair on the ground that there is no reasonable ground for rejection of the conversion in this case
hereinafter referred to as "the decision of review of this case".