The judgment below

The part against the plaintiffs is reversed, and that part of the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. Article 4(1) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “ Fixed-Term Employment Act”) provides that “An employer may employ a fixed-term worker within the extent not exceeding two years (in cases of the repeated renewal of a fixed-term employment contract, the total period of continuous employment shall not exceed two years).” Meanwhile, the proviso provides that “If a fixed-term worker is employed for more than two years despite the absence or extinguishment of the grounds under the proviso to paragraph (1), the fixed-term worker shall be deemed an employee who has concluded an employment contract without a fixed period of time.”

The legislative intent of the above provisions is to guarantee the status of workers by preventing abuse of fixed-term employment contracts.

(see, i.e., Supreme Court Decision 2014Du45765, Nov. 10, 2016). In light of the form and content of the provision on a fixed-term employment contract and the legislative intent thereof, even if there exists a period falling under the grounds for exception under the proviso of Article 4(1) of the Fixed-term Employment Act between the fixed-term employment contract repeatedly concluded, it is reasonable to calculate the total period of continuous employment provided for in Article 4 of the Fixed-term Employment Act by aggregating the period of continuous employment, excluding the period falling under the grounds for exception, in cases where the employment relationship before and after the period falling under the grounds for exception is deemed to continue without interruption,

2.(a)

The judgment below

The reasons and records reveal the following facts.

1. On October 1, 201, Plaintiff F was employed by the Defendant as a fixed-term nurse in the field of self-harm prevention and vaccination and work until December 31, 201 in the K-gu public health clinic operated by the Defendant, and served until December 31, 201.