logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.05.22 2019가합105727
근로에관한 소송
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 31, 2018, the Plaintiff received instruction from C’s employees D, a company that vicariously recommended the Defendant’s candidates for employment, to employ an overseas lawyer in contractual service from the Defendant’s legal team, and entered into a labor contract with the Defendant on October 1, 2018, setting the period of work from October 1, 2018 to March 31, 2019.

(hereinafter “instant employment contract.” The instant employment contract provides that “The contract term of the Plaintiff and the Defendant shall be automatically terminated unless agreed by the Plaintiff and the Defendant at the expiration of the contract term (Article 6(a)),” and “the Plaintiff shall maintain his/her contractual status for six months after his/her entry and convert it to regular employees according to the result of the work evaluation, and even without preparing a separate contract at the time of full-time conversion, it shall be deemed that the employment contract is concluded with no deadline from the expiration date of the contract term (Article 7(c)).”

B. On October 1, 2018, the Plaintiff drafted a written employment contract of this case, stating that “In concluding a short-term employment contract for a six-month period, the Plaintiff: (a) recognized that the contract was entirely determined by the company; and (b) promised not to raise any objection to the outcome thereof.”

C. On March 12, 2019, E, the head of the Defendant’s legal team team, prepared a contract-based employee’s work evaluation statement against the Plaintiff, and on March 15, 2019, the Defendant notified the Plaintiff that he would not convert the Plaintiff into an employee with no fixed period of time.

(hereinafter “instant refusal of conversion”). 【No dispute exists concerning the rejection of conversion” (which is the ground for recognition), the entry in Gap’s 2, 3, and Eul’s 1 through 3, and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. There is a right to expect that the term of the instant employment contract may be converted to an employee with no fixed term, if the term expires to the Plaintiff as the primary claimant.

However, in violation of the above expectation right, the defendant rejected the conversion of this case without any reasonable reason. This is the same as the rejection of unfair dismissal.

arrow