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(영문) 서울고등법원 2016.09.29 2016누48296
부당해고구제재심판정취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

Details of the disposition

The Plaintiff, as a school juristic person operating H University, placed “I knife” as a school juristic person.

The Intervenor B, C, E, F, and G were on March 1, 2009, and the Intervenor D served as guest professor from March 11, 2011 to February 28, 2015, respectively.

By February 28, 2012, the Plaintiff issued participants as visiting professors on a yearly basis, and did not prepare a labor contract separately. From March 1, 2012 to March 17, 2014, the Plaintiff drafted a labor contract with the intervenors and visiting professors on three occasions a year basis.

On December 3, 2014, the Plaintiff notified the Intervenor as “the termination of the labor contract as of February 28, 2015,” and treated the Intervenor as a part-time lecturer not a visiting professor after March 1, 2015.

(hereinafter “instant conversion”). On March 3, 2015, the Intervenor filed an application for remedy with the Gyeonggi Regional Labor Relations Commission for the instant conversion, and on May 11, 2015, the Gyeonggi Regional Labor Relations Commission accepted the application for remedy on the ground that “the Plaintiff’s notification on the expiration of the contract term and the instant conversion constitutes unfair demotion, etc.”

On June 5, 2015, the Plaintiff appealed and filed a petition for review with the National Labor Relations Commission, and the National Labor Relations Commission dismissed the petition for review on the same ground on August 21, 2015.

(hereinafter “instant decision on reexamination” (hereinafter referred to as “instant decision on reexamination”). Inasmuch as there is no dispute, each entry in Gap’s 1, 3-9, 14, and 15, and the Plaintiff’s assertion of the purport of the entire pleadings, the Plaintiff and the Intervenor concluded a labor contract on March 17, 2014 as “from March 1, 2014 to February 28, 2015,” the contract term expires as a matter of course.

Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter referred to as the " Fixed-Term Act").

The right to renew is not recognized to a worker who entered into an employment contract with a fixed period of time after enforcement, and the intervenors enter into an employment contract with the plaintiff after the enforcement of the fixed-term law.

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