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(영문) 대전지방법원 2016.04.21 2015구합105024
부당해고구제재심판정취소
Text

1. The Central Labor Relations Commission’s dismissal on September 11, 2015 between the Plaintiff and the Defendant’s Intervenor at the central level is equivalent to the dismissal on September 2015.

Reasons

1. Details of the decision on retrial;

A. Pursuant to Article 2(2) of the Local Autonomy Act, the Plaintiff is a local government that operates a Yeongdeungpo-gu public health clinic as one of its business places while employing more than 680 full-time workers and providing public services, such as residents’ welfare and self-government administration. The Defendant’s supplementary intervenors employed the Plaintiff as fixed-term workers in each year from 2007 to 201, and served as nurses or dental hygienists at the Yeongdeungpo-gu public health clinic, and received a notification of the termination of the labor contract as of December 31, 2014.

B. On March 27, 2015, the Intervenor asserted that the notice of the expiration of the term of the labor contract rendered by the Plaintiff as of December 31, 2014 constituted unfair dismissal and filed an application for remedy with the Busan Regional Labor Relations Commission on March 27, 2015.

A visiting health management project cannot be subject to the proviso of Article 4(1) of the Fixed-Term Act. Even if the above proviso is applicable, since the main sentence of Article 4(1) of the Fixed-term Act was applied from January 1, 2013 to the Ministry of Health and Welfare in accordance with the guidelines of the Ministry of Health and Welfare, the Intervenor joining the Defendant’s work for more than two years including the period before January 1, 2013 constitutes a case where the Defendant’s Intervenor entered into an employment contract without a fixed period of time.

In addition, in light of the fact that an employment contract has been renewed for several years, it is unfair to notify the Plaintiff of the expiration of the contract term in this case on the ground that the contract term as of December 31, 2014 has expired without reasonable grounds.

C. On June 2, 2015, Busan Regional Labor Relations Commission recognized the defendant’s assistant intervenor’s right to expect the renewal of his/her employment contract, and accepted an application for remedy for unfair dismissal on the ground that it is difficult to deem that there is a reasonable ground for the plaintiff’s refusal to renew the employment contract, and recognized that the notice of the expiration of the contract term of December 31, 2014 given by the plaintiff to the defendant assistant intervenor is unfair.

The plaintiff.

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