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(영문) 대전지방법원 2016.06.23 2015구합105901
부당해고구제재심판정취소
Text

1. On November 5, 2015, the National Labor Relations Commission rendered a review of unfair dismissal as between the Plaintiff and the Intervenor joining the Defendant.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a worker employed as a fixed-term employee by the Plaintiff-affiliated C (hereinafter referred to as the “C”) which is a local government.

B. The labor contract between the Plaintiff and the Intervenor was terminated on April 18, 2015.

(hereinafter “Termination of the instant contract”). C.

On May 20, 2015, an intervenor filed an application for remedy with the Busan Regional Labor Relations Commission by asserting that the termination of the instant contract constitutes unfair dismissal, but the Busan Regional Labor Relations Commission dismissed the Intervenor’s application for remedy on July 16, 2015.

An intervenor was converted to a worker who entered into an employment contract without a fixed period of time pursuant to Article 4(2) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter referred to as “fixed-Term Workers”).

Even if the intervenor is a fixed-term worker, the intervenor has the right to renew the employment contract, and there is no reasonable ground to refuse the renewal of the employment contract.

Therefore, the termination of the contract of this case constitutes dismissal, and there is no justifiable reason to dismiss the intervenor, so the termination of the contract of this case is unfair.

On August 6, 2015, the Intervenor filed a motion for review of the aforementioned first instance trial court with the National Labor Relations Commission (hereinafter “China”) on August 6, 2015. On November 5, 2015, the Labor Relations Commission determined that the termination of the instant contract constitutes unfair dismissal and accepted the Intervenor’s application for review on the following grounds:

(hereinafter referred to as “instant decision by reexamination”). [Ground of recognition] A without dispute, entry of evidence No. 1, and purport of the entire pleadings

2. Whether the decision on the retrial of this case is lawful

A. The Plaintiff’s assertion 1) As the Plaintiff’s total period of employment of the Intervenor as a fixed-term worker does not exceed two years, the Intervenor was not converted to a fixed-term worker pursuant to Article 4(2) of the Fixed-term Workers Act.

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