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(영문) 울산지방법원 2019.07.25 2019구합6066
근로자지위확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. At around May 2012, the head of B published employment notices, including research service in C, with the following content:

Method of public notice of employment, such as research service in C: Period of public notice of employment: June 7, 2012

6. Screening method by no later than 14. 17.00: Documents screening (1), interview screening (2nd), screening (2nd), qualification standards for recruitment in the field of employment, and doctorate in the field of lifelong education or the field of education, among those who hold a degree in the field of non-high class C, and who hold a degree in the field of lifelong education or the field of education, submission of a research institute for regular employees who hold a certificate of class 1 to class 3 certified lifelong education teacher, and other methods of appointment, shall be open to employment, and remuneration and other matters shall be based on the research institute’

B. On June 27, 2012, the head of the agency B published the Plaintiff as the final successful applicant of the regular research institute.

(B) Notice D.C.

From July 23, 2012, the Plaintiff began to work in the Incorporated Foundation B.

On October 15, 2012, the head of the B agency appointed the plaintiff as the head of the E Center.

E. On November 27, 2017, the head of B issued a response to the civil petition documents and a notification on the expiration of the contract term (hereinafter “instant notification”) to the F agency with respect to the filing of civil petitions related to the Plaintiff’s identification (hereinafter “instant notification”).

The details of the instant notification are as follows.

Responses to civil petition documents referred to in the receiver F Agency and notification of the expiration of the contract period;

2. The result of an in-depth examination conducted by the Plaintiff on November 14, 2017 on the identification verification that it requested by our Institute on November 14, 2017:

A. The Plaintiff’s status was initially appointed as a full-time researcher in the field of BB C on July 23, 2012.

B. Since the F Institution was separated from the provisions of subparagraph B of November 29, 2013, I reply that the F Institution constitutes “I” as stipulated in Article 4(2) of the F Institution Operation Rules until now.

3. In addition, “Designation of F Institution” is transferred to the H Foundation at the end of December 31, 2017 and on December 31, 2017 under Ulsan Metropolitan City G ( September 25, 2017).

(a) The F Agency is abolished in the Re-B Organization and the number of personnel is reduced;

B. Therefore, the Plaintiff is the head of the F agency as of January 13, 2017.

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