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(영문) 서울행정법원 2018.12.06 2018구합63792
부당해고 구제 재심판정
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. On November 26, 1998, the Plaintiff was a stock company established for the purpose of selling computers and peripheral devices for the purpose of the business of selling computers and peripheral devices, and has its head office in Gangseo-gu Seoul Metropolitan Government D and operated the above business by using approximately ten full-time workers.

B. On November 1, 2013, the Intervenor B entered the E Hospital (hereinafter “instant hospital”) on January 15, 2016, and the Intervenor C was in charge of the maintenance and repair of the computer or network system of the instant hospital, and became a member of the E Hospital (hereinafter “F”) on January 15, 2016.

C. In September 2016, the Plaintiff participated in the public tender for the service of maintaining and repairing the computer equipment of the instant hospital and received the award. The Plaintiff concluded a service contract for maintaining and repairing the computer equipment with the instant hospital during the contract period from October 1, 2016 to September 30, 2017, with the instant hospital during the contract period from October 1, 2016 to September 30, 2017.

(hereinafter “instant service contract”). D.

The Intervenor began to work for the Plaintiff from October 1, 2016 as the Plaintiff was in charge of the maintenance and repair of the computer equipment of the instant hospital.

The Intervenor B drafted a contract for the term of the contract on April 2017 from October 4, 2016 to September 30, 2017; however, the Intervenor C did not prepare a contract for employment.

E. On September 27, 2017, the Plaintiff notified the Intervenor of the termination of the labor contract on the 30th day of the same month through text messages.

F. On October 24, 2017, the Intervenor filed an application for remedy with the Plaintiff and the instant hospital on October 1, 2017 by asserting that the refusal to renew the employment contract constituted unfair dismissal.

On December 19, 2017, the Jeonbuk Regional Labor Relations Commission did not establish an implied labor contract relationship or worker dispatch relationship between the instant hospital and the Intervenor, and thus, the instant hospital is not deemed qualified as a party. The Intervenor is recognized as a fixed-term worker, but the Intervenor is an employer of the Intervenor without reasonable grounds.

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