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(영문) 서울행정법원 2014.10.02 2013구합27708
부당해고구제재심판정취소
Text

1. On October 21, 2013, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

1. Details of the decision on retrial;

A. On August 27, 201, the Plaintiff operating cleaning and security service business, etc. using 90 full-time workers, concluded a security service contract with the management office and the Plaintiff taking charge of the instant apartment from September 1, 201 to August 31, 201 and paying the expenses to the Plaintiff.

B. On August 31, 2012, the Intervenor joining the Intervenor (hereinafter “ Intervenor”) entered the Plaintiff Company and entered into an employment contract with the contract term from September 1, 2012 to December 31, 2012, and served as security guards in the instant apartment.

On January 1, 2013, an intervenor entered into a labor contract with the Plaintiff from January 1, 2013 to February 28, 2013 (hereinafter “instant labor contract”), and the Plaintiff and the Intervenor notified the Intervenor of whether to renew the contract one month prior to the expiration of the contract period, and if the Plaintiff did not notify the Intervenor of whether to renew the contract one month prior to the expiration of the contract period, the labor contract is automatically terminated.

C. On January 22, 2013, the Plaintiff notified the Intervenor on February 28, 2013 that the term of the instant employment contract expires on February 28, 2013, and that if the instant employment contract is not concluded again by February 28, 2013, it shall be automatically dismissed on February 28, 2013.

(hereinafter “instant notice”). D.

On May 28, 2013, the Intervenor filed an application for remedy with the Incheon Regional Labor Relations Commission by asserting that the instant notification constitutes unfair dismissal. On July 29, 2013, the Incheon Regional Labor Relations Commission accepted the Intervenor’s application for remedy on the ground that “the Intervenor’s right to renew the renewal is recognized and the instant notification falls under unfair dismissal because there is no reasonable ground for the Plaintiff’s refusal to renew the renewal.”

E. On August 9, 2013, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission. The National Labor Relations Commission on October 21, 2013.

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