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(영문) 서울고등법원 2017.06.09 2016누75038
위촉기간 연장거부 의사표시 무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation concerning this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance (Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Summary of and judgment on the Plaintiff’s assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion had a high level of performance and harmony between the members during the commission period, and the head of the instant hall had a duty to extend the contract period of the Plaintiff and the Plaintiff, but had a duty to extend the contract period for one year.

As seen earlier, the instant notice was given in the name of the head of the instant hall, not the Defendant, but according to Articles 2, 3, 4, and 11 of the C City Art Group Establishment Ordinance, the head of the C City Art Group shall be the executive market, the head of the C City Art Group shall be in charge of the duties of the Art Group under the orders of the B market, and the head of the headquarters shall be ex officio operating members, and the head of the instant hall may be reappointed with the approval of the B market.

The president of the instant hall expressed his/her intent in the above position.

The above declaration of intent is null and void as it goes against the proviso of Article 2(2) of the Commission Agreement.

B. In the case of an employee who entered into an employment contract for a fixed period of one year, the principle that the status relationship as an employee should be terminated naturally by the expiration of that period.

However, a contract of employment, rules of employment, collective agreement, etc. provides that the contract shall be renewed if certain requirements are met, regardless of the expiration of the term of validity, or the employer is entitled to renew the contract if there is a trust relationship between the parties to the contract in full view of the various circumstances surrounding the contract in question that the contract of employment shall be renewed if certain requirements are met.

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