The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

In principle, if an employee who has concluded a labor contract with a fixed period fails to renew the labor contract at the expiration of the fixed period, he/she shall retire automatically.

However, even if the term of a labor contract, employment rules, collective agreement, etc. expires, if there is a provision stating that a labor contract shall be renewed if certain requirements are met, or if there is a legitimate expectation that a labor contract shall be renewed due to the formation of trust between the parties to the labor contract and the renewal of the labor contract if certain requirements are met, in full view of various circumstances surrounding the labor contract such as the contents of the labor contract and the motive and circumstances leading up to the execution of the labor contract, the standards for renewal of the contract, etc., the establishment and actual conditions of the requirements or procedures related to the renewal of the contract, and the contents of the work performed by the workers, etc., the employer's refusal of the renewal of the labor contract unfairly

(1) According to the reasoning of the lower judgment and the reasoning of the first instance judgment cited by the lower court, the lower court acknowledged the facts as stated in its reasoning. (1) Although the period of the instant employment contract was set as one year, the Plaintiff had worked for five years while renewal of the employment contract for four times, the Plaintiff was a full-time and continuous work necessary for the Defendant’s operation; (2) the Defendant’s annual salary contract management guidelines provided a relatively detailed provision for the evaluation of work performance in light of the Defendant’s annual salary contract management performance; and (3) the Defendant’s annual salary contract management guidelines provided for the evaluation of work performance for two consecutive years and less than 70 points based on comprehensive deliberation; and (4) other specific cases, the contract renewal is impossible.