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(영문) 서울중앙지방법원 2015.10.13 2015가합524454
근로에관한 소송
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is a local public enterprise with approximately 1,00 full-time workers established under the Local Autonomy Act, the Local Public Enterprises Act, and the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of the Seoul Special Metropolitan City C

B. On March 25, 2013, the Plaintiffs entered into each employment contract with the Defendant, setting the term of the employment contract from March 25, 2013 to March 24, 2014, with the term of each employment contract, from March 25, 2013 to March 24, 2014. The term of each employment contract was extended from March 25, 2014 to March 24, 2015.

(1) The Plaintiffs were notified on March 24, 2015 when working in the Defendant’s marketing office until March 24, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 1 and 2 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. 1) The Plaintiffs’ assertion 1) An agreement was established to convert the Plaintiffs into a inorganic contract position in the event of excellent performance between the Plaintiffs and the Defendant, and the Plaintiffs constitute an excellent performance employee. As such, the Defendant is obligated to convert the Plaintiffs into a inorganic contract position in accordance with a labor contract. 2) Since the right of reasonable expectation to convert into a inorganic contract position is recognized to the Plaintiffs, the refusal by the Defendant Corporation to convert into a inorganic contract position is unfair.

3) Therefore, the Plaintiffs are in the status of an employee without a fixed period of time and are unable to provide their labor to the Defendant. Thus, the Defendant is obligated to pay the Plaintiffs wages under the labor contract. (B) The Defendant’s assertion 1) The phrase “a person with excellent performance” in the employment announcement, taking into account those employed by marketing experts when the Defendant selects indefinite contract employees regardless of the type of occupation.

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