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(영문) 서울중앙지방법원 2012.04.19 2011가합21933
해고무효확인 등
Text

1. We affirm that the Defendant’s refusal to renew a labor contract to the Plaintiff on February 14, 2011 is null and void.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. As a public corporation established pursuant to the Broadcasting Act, the Defendant is a national broadcasting station to establish a fair and sound broadcasting culture and to efficiently implement domestic and foreign broadcasts.

B. On February 15, 2006, the Plaintiff determined the annual salary with the Defendant for a one-year term of contract, and paid the amount on the 21st day of each month following the 12-minute of the said annual salary by making the 1213th annual salary as the basic annual salary, and the remaining annual salary was paid on the 21st day of each month. The 113th day of the remaining annual salary, as the piece rate, was made a labor contract on the annual salary system in the form of payment on the expiration date of the contract period according to the assessment standards and the payment rate (0% to 200%) set by the Defendant as the performance rate,

C. The Plaintiff and the Defendant, upon entering into the instant employment contract, have renewed the employment contract over four occasions by setting a period every one year at the end of the contract term, but the Defendant notified the Plaintiff on February 14, 201 that he would refuse to renew the employment contract more.

(hereinafter referred to as “instant refusal of renewal”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1-1 to 4, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The instant employment contract constitutes a labor contract with a fixed period of time merely in the form of the contract and without a fixed period of time, and thus, the Defendant’s refusal to renew the said employment contract without justifiable grounds is null and void as in the unfair dismissal.

B. Even if the instant employment contract is not a non-fixed-term employment contract, the instant refusal is null and void as it was made without any reasonable ground against the Plaintiff, where there exists a legitimate expectation for continued employment.

C. Therefore, as long as the Plaintiff seeks to confirm the invalidity of the refusal to renew the instant case, and the refusal to renew the instant case is null and void, the Defendant shall pay the Plaintiff the wages of KRW 3,969,00 per month from February 15, 201 to the reinstatement.

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