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(영문) 대구고등법원 2015.04.22 2014나3802
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation concerning this case is about the third-party judgment of the court of first instance.

The reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except for changing the right to renew the labor contract from heading 15 to 8 of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Details of the change;

C. In principle, the status of an employee who entered into an employment contract with a fixed period of time is terminated as a matter of course upon the expiration of the term of validity, and his/her status as an employee is terminated as a matter of course, and even if the term of employment contract, employment rules, collective agreement, etc. expires, if the said contract is not renewed, the said contract is renewed upon the fulfillment of certain requirements. However, in full view of the various circumstances surrounding the pertinent employment contract, including the motive and circumstance for which the contract is concluded, the standards for renewal, etc. of the contract, the establishment of the requirements and procedures for renewal, the actual condition of the contract, and the details of the work performed by the employee, etc., even if there is no such provision, if there is a trust relationship between the parties to the employment contract that the contract is renewed upon the fulfillment of certain requirements, and the right to expect renewal of the employment contract can be renewed upon the fulfillment of the said conditions, the employer’s unfair refusal of the contract in violation of such provision is the same as the previous one being invalid (see, e.g., Supreme Court Decision 212012Du14).

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