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(영문) 서울행정법원 2020.01.31 2019구합74188
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. On December 5, 2016, the Plaintiff announced the recruitment of fixed-term workers in charge of the duties of the Secretary General of the AAA military office, etc., and the Intervenor applied for the recruitment.

On December 2, 2016, the Plaintiff entered into an employment contract with the Intervenor during the contract period from January 2, 2017 to December 29, 2017, and the Intervenor served as the Secretary-General secretary-general of the A military administration during the said period.

B. On December 15, 2017, the Plaintiff announced the recruitment of fixed-term workers in charge of the duties of the Secretary General of the AAA of the Military Service, and the Intervenor applied for the re-employment and passed the re-employment.

On January 2, 2017, the Plaintiff entered into an employment contract with the Intervenor during the contract period from January 2, 2018 to August 31, 2018, and the Intervenor served as the Director General secretary-general of the A military administration during the said period.

Around August 2018, the Plaintiff and the Intervenor entered into a labor contract to extend the term of the contract from September 1, 2018 to December 31, 2018, and the Intervenor continued to work for the said period.

C. On the other hand, on July 20, 2017, the Plaintiff organized an indefinite Contract Conversion Deliberation Committee (hereinafter “Conversion Deliberation Committee”) in accordance with the “Guidelines for the Conversion of Non-regular Workers in the Public Sector” (hereinafter “instant Guidelines”).

On August 16, 2018, the Plaintiff: (a) held a first meeting of the Conversion Deliberation Committee on August 16, 2018, to select an occupation eligible for conversion of public service workers (including the relevant occupation workers with 246 employees and the duties of the Secretary-General secretary-general conducted by the Intervenor). However, the Plaintiff decided to preferentially convert the occupation with expertise and continuity and exclude the occupation eligible for conversion from the category of simple labor service assistance.

On September 7, 2018, the Plaintiff held the second meeting of the Conversion Deliberation Committee and decided to preferentially convert 48 of the 16 occupational categories with expertise in 246 among the above 246, to employees in public service, and the affairs of the bureau chief secretary-general conducted by the Intervenor shall be subject to preferential conversion.

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