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(영문) 대전지방법원 2018.08.17 2017구합105936
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff was established on February 19, 2004 and employed 300 full-time workers and engaged in the overall management of buildings and facilities, etc. The Intervenor A from October 4, 2004 to the Intervenor A, and the Intervenor B from January 4, 2007 to the service company located in Daejeon Sung-gu to the position of which the service company was engaged in cleaning of the C Research Institute. The Intervenor B succeeded to employment and continued cleaning of the research institute.

B. On February 28, 2007, the expiration date of the cleaning management service contract with Korea Comprehensive Management Co., Ltd., the C Research Institute concluded a cleaning management service contract with the Plaintiff that participated in the cleaning management service contract and the successful bid on February 15, 2017 (the period: from March 1, 2017 to February 28, 2018).

The aforementioned electronic bidding notice includes the content of “I will succeed to employment for the human resources invested in the existing services in accordance with the guidelines of the Ministry of Employment and Labor for the protection of the contractor workers, barring any special circumstances,” and Article 10 of the Special Conditions (cleaning Services) of the Service Contract attached to the public notice stipulates that “B shall succeed to employment for the human resources who work as of the date of the contract unless there are special circumstances. B shall maintain the employment of workers during the service contract period unless there are special circumstances. B shall maintain the employment of workers during the service contract period, and at the time of the conclusion of the above service contract, the Plaintiff submitted to C Research Institute a letter of undertaking to perform the working conditions, which includes “I will succeed to employment unless there are special circumstances in accordance with the government’

C. On February 17, 2017, the Plaintiff conducted an interview to the existing workers, including the intervenors, and then did not conclude a labor contract as of March 1, 2017 for 12 workers including the Intervenor.

On March 15, 2017, the Intervenor's refusal to succeed to employment by the Intervenor constitutes an unfair dismissal.

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