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(영문) 수원지방법원 2012.05.10 2011구합6180
해고무효확인등
Text

1. On February 28, 2010, the head of the defendant Korea Creative High School rejected the renewal of the employment contract against the plaintiff.

Reasons

1. Basic facts

A. On September 1, 2005, the Plaintiff was employed as an industrial-educational teacher in charge of B subjects at the Korea Animation High School (hereinafter “instant school”) established and operated by Defendant Gyeonggi-do (hereinafter “instant employment contract”), and had worked for renewal of the relevant employment contract (hereinafter “instant employment contract”).

On February 2010, the Plaintiff was notified by the head of the Defendant Korea Animation High School (hereinafter “the principal of the Defendant”) that the contract term of the instant employment contract expires as of February 28, 2010.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] without dispute, and entry in Gap evidence 1 and 2

2. The assertion and judgment

A. The Plaintiff’s assertion constitutes an unfair dismissal for the following reasons, and thus, the Defendant Gyeonggi-do is obligated to pay the Plaintiff wages from March 1, 2010 to the time the Plaintiff is reinstated.

1) Although an employment contract with a fixed period between the Plaintiff and the instant school was prepared, considering the period during which the instant employment contract was maintained, the details and frequency of the conclusion of the instant renewal contract, and the details of the Plaintiff’s duties, etc., it is not effective for the Defendant principal to refuse the renewal of the instant employment contract without justifiable grounds. 2) Even if the instant employment contract between the Plaintiff and the instant school is a contract with a fixed period of time, the Plaintiff has a legitimate expectation to be able to renew the employment contract in light of the fact that the employment contract was repeatedly renewed for a considerable period of time. Nevertheless, the Defendant principal without justifiable grounds.

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