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(영문) 서울행정법원 2018.07.05 2017구합5522
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. 1) The intervenor is a corporation that is established on October 9, 200 and ordinarily employs approximately 1,300 workers and engages in facility management and security business. 2) The plaintiff is a person who is employed in the intervenor on October 10, 2016 and works as security guards.

B. On October 10, 2016, the Plaintiff entered into a labor contract with the Intervenor and the Intervenor to serve as C apartment security guards by setting the contract term as KRW 1,834,140 per month from October 10, 2016 to November 30, 2016. (2) The Plaintiff entered into a labor contract with the Intervenor on December 1, 2016 to February 28, 2017; and (3) on January 1, 2017, the Plaintiff entered into a labor contract with the Intervenor to serve as C apartment security guards by reflecting the wage increase as the minimum wage amount. (3) The Plaintiff entered into a labor contract again with the Intervenor on December 1, 2016 to February 28, 2017; and (4) the termination period on January 1, 2017 to February 28, 2017 as the previous wage increase as KRW 1,97,970.

(hereinafter) On the other hand, Article 8 subparag. 1 of the above employment contract stipulates that the above employment contract term is stipulated, and Article 8 subparag. 4 of the above employment contract provides that “If there is an agreement on the renewal of the contract between the parties prior to the expiration of the contract term under the above term 1, it shall be repeatedly extended for three months thereafter, but if there is no agreement on the renewal of the contract between the parties concerned, it shall be terminated at the same time as the contract term expires without any separate notice, and the reemployment contract shall not be concluded in principle.” Article 8 subparag. 5 of the above employment contract provides that “If there is no agreement on the renewal of the contract between the parties prior to the expiration of the contract term under the above term 1, the re-employment contract shall be terminated at the same time as the contract term expires without any separate notice.” Article 8 subparag. 5 of the above contract provides that “The employer has sufficiently explained the worker about the term of the above term of the employment contract (as a matter of principle,

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