The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

1. The lower court determined that the instant lawsuit is unlawful as there was no benefit of lawsuit, on the grounds that the labor contract had already been terminated at the time of the closing of argument in the first instance trial, on the following grounds. A) The lower court determined that the instant lawsuit was unlawful as there was no benefit of lawsuit.

In light of the relevant provisions of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter referred to as the "fixed-term Act"), legislative intent, etc., a fixed-term employment contract newly concluded after the enforcement of the Fixed-Term Act is anticipated to be terminated within two years, and thus, the right to expect that the total period of use may be concluded may be more than two years.

B. Even if it is assumed that the Plaintiffs’ right to renew the contract is recognized, each of the Plaintiffs’ respective labor contracts was commenced from September 3, 2012 for Plaintiff A, and from December 31, 2012 for Plaintiff B, it expired on August 31, 2013, and as such, from September 1, 2013 to August 31, 2013 for Plaintiff A, the actual contract period excluding the probation period during the contract period for each of the Plaintiffs, is about nine months for Plaintiff A, and for Plaintiff B, the contract period of five months for each of the contract periods is repeatedly renewed within two years for each of the above two years from each of the above contracts that the Plaintiffs entered into with the Intervenor.

2. Judgment on the grounds of appeal

A. In the case of an employee who has entered into an employment contract for a fixed period, the status as an employee shall be terminated upon the expiration of the fixed period, and if the employment contract is not renewed, he/she shall be automatically dismissed even without the declaration of refusal of renewal.

However, labor contracts, rules of employment, collective agreements, etc. provide that the employment contract shall be renewed upon the fulfillment of certain requirements despite the expiration of the term, or the contents of the employment contract without such provisions.