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(영문) 부산지방법원 2015.11.27 2014구합4154
근로자지위확인
Text

1. From January 1, 2015, the Plaintiffs set the period with the Defendant regarding the Defendant’s projects for promoting the integrated health of local communities.

Reasons

1. Basic facts

A. The defendant is a local government that establishes and operates a closed-gu public health clinic under its jurisdiction, and the plaintiffs are nurses (Plaintiff A) and sports center (Plaintiff B) and have worked as human resources in charge of visiting health care in the above public health center.

B. The Ministry of Health and Welfare concluded an employment contract and renewed the contract between the Plaintiffs and the Defendant (1) around 2012 by integrating 17 individual projects (including visit health management projects, community-oriented rehabilitation in community, and integrated health care services) that a local government has already conducted for the purpose of health care in a healthy living environment, prevention of chronic diseases, and health care for vulnerable social groups (such as visiting health management projects, community-oriented rehabilitation in public health clinics, and integrated health care services) with January 1, 2013 as one project called "local community integrated health promotion projects" at all times and continuously. Accordingly, visiting health management projects were one of the projects for community integrated health promotion projects from January 1, 2013 to local community (hereinafter referred to as "integrated health management projects after integration"), and visiting health management projects before integration as above.

(2) The Plaintiffs, from January 2009 to December 2012, 2012, were the human resources in charge of the visit health management business prior to the integration, as the human resources in charge of the visit health management business after integration in 2013 and in 2014, renewed the fixed-term employment contract on a yearly basis with the Defendant.

C. The Defendant’s notification on the expiration of the contract term and employment of part-time public officials (1) from December 2, 2013 to several times, the Plaintiffs demanded an inorganic contract transition from around December 2013 to several times, but the Defendant rejected such request and then notified the Plaintiffs on November 27, 2014 that the contract term expires as of December 31, 2014 (hereinafter “Notification on the expiration of the contract term of this case”).

(2) Since December 15, 2014, the Defendant is in the visit health management project ( nurses and sports professionals) after integration.

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