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(영문) 서울행정법원 2014.02.13 2013구합55390
부당해고구제재심판정취소
Text

1. On May 22, 2013, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

1. The circumstances leading to the decision on reexamination of this case

A. The Plaintiff is a corporation that employs 290 full-time workers and carries out the establishment and operation of an information system for the digitization of social welfare affairs.

B. On November 2, 2009, the Intervenor entered into an employment contract with the Korea Social Services Institute (hereinafter “the primary employment contract”) and performed its duties as the team leader.

Article 2 (Duties in Charge of Contract Officials) The duties to be borne by “B” (hereinafter referred to as “A”) during the term of the contract shall be the overall duties of the Task Support Service.

Provided, That the affairs in charge may be changed as necessary by the Korea Social Services Institute.

Article 3 (Contract Terms) Contract Work Period of “B” is from November 2, 2009 to November 1, 201.

Provided, That the period may be extended in accordance with the organization rules and personnel regulations.

Article 5 (Classification of Employment) Employment shall be limited to class II researchers of contract system.

C. Four institutions, including the Korea Social Services Institute, were integrated into the Plaintiff on May 2, 2011.

Accordingly, the intervenor served as a researcher in C division in the Plaintiff corporation (which seems to have been organized as D division from June 5, 2012). D.

On November 1, 2011, the Plaintiff entered into a contract with the Intervenor on November 2, 201, with the term of the contract “from November 2, 2011 to November 1, 2012.” The Plaintiff entered into a renewal contract with “the details of the business.”

(hereinafter referred to as “the second labor contract”). (e)

On October 25, 2012, the Plaintiff notified the Intervenor on November 1, 2012 that the secondary employment contract is terminated as of November 1, 2012.

hereinafter referred to as "the notice of this case"

F. On December 21, 2012, the Intervenor filed an application for remedy with the Seoul Regional Labor Relations Commission by asserting that the instant notification constituted unfair dismissal, and the Seoul Regional Labor Relations Commission received a request for remedy on February 14, 2013.

G. The Plaintiff is dissatisfied with this, to the National Labor Relations Commission on March 8, 2013.

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