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(영문) 서울행정법원 2020.03.05 2019구합69827
부당해고구제재심판정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the decision on retrial;

(a) If a research institute established pursuant to the Special Act on the Creation of and Support for the Intervenor’s Status and the Employment of the Plaintiffs’ 1 Intervenor reaches a certain condition after the employment of a senior executive officer appointed by the age of 65 without the renewal of a separate employment contract in research service for definition of the employment type, a human resources non-permanent executive officer subject to examination for the senior executive officer subject to the senior executive officer examination whose employment contract expires after the retirement age of an honorary research officer whose employment contract expires;

C. The Intervenor is divided into the following categories depending on the type of employment with the employees in research service.

(See the personnel regulations of the Research Team). (2) The Intervenor issued a public notice of employment on March 25, 2013, and the Plaintiffs joined the Intervenor as “non-permanent employment research officer” in accordance with the above public notice of employment. The date of Plaintiff A’s employment was August 16, 2013; the date of Plaintiff B’s employment was September 1, 2013; and the term of contract was two years. The public notice of employment and the written employment agreement of the Plaintiffs, which were issued by the Intervenor, included the contents as indicated in the following table (Article 3).

4. Non-permanent records - ipso facto retirement (which may be reappointed by undergoing a separate review) within a maximum of five years after the expiration of the contract period - Where the president recognizes it, he/she may conclude an extension contract within three years after the expiration of the contract period [labor contract] to be renewed only once after the expiration of the initial contract period, and in such cases, the total period of contract shall not exceed five years;

Provided, That where the Chairperson deems it, he/she may enter into an additional one extension contract within three years after the expiration of the contract period.

(I) On the other hand, only the plaintiff B's employment contract was submitted, but the plaintiff A seems to have entered into the same employment contract.

A No. 4.B.

The contract of employment between the plaintiffs and the intervenors is renewed.

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