Section 2: Individual Labor Relations
Chapter 8: Expiration of Employment Contract
5. Exceptions to Restriction on Employment Period in Fixed-Term Employment Contract
5.3 Period of Service Applicable as Exception to Restriction on Employment Period under the Fixed-Term Employment Act
| Supreme Court Decision on November 27, 2014, Case 2013da2672 | |||||
| * Plaintiff, Appellant: A
* Defendant, Appellee: Korea Racing Authority 1. Facts a. The plaintiff joined the defendant on August 16, 2008, as an emergency medical technician and entered into four employment contracts: ① from August 16, 2008, to December 31, 2008, and ② from January 1, 2009, to December 31, 2009, working two days a week as a part time racecourse employee (part time work). b. Meanwhile, ③ from February 11, 2009, to January 31, 2010, and ④ from February 1, 2010, to January 31, 2011, the plaintiff was employed under fulltime contract jobs, working six days a week for each contract period. c. Upon the expiration of contract ④, the defendant notified the plaintiff of the contract termination effective February 1, 2011. 2. Court Judgment a. Article 4 of the Fixed Term Employment Act states in Paragraph 1 that "An employer may employ fixed term workers within a period not exceeding two years (in the Case of repeated renewal of fixed term employment contracts, within a total duration of continuous employment not exceeding two years)," and its proviso stipulates exceptions from items 1 to 6 where fixed term workers can be employed beyond two years. It states in Paragraph 2, "If an employer continues to employ a fixed term worker beyond two years although those grounds under the proviso to Paragraph 1 do not exist or cease to exist, such fixed term worker shall be considered to have entered into an employment contract of indefinite duration." b. Under Clause 6 of the proviso to Paragraph 1 of Article 4 and Article 3, Paragraph 3, Clause 6 of the implementing decree of the Fixed Term Employment Act, if a part time worker who has entered into a fixed term employment contract concludes that employment relationship and subsequently enters into a general fixed term contract that does not fall under the proviso of Article 4(1), the period of employment as a part time worker is not included in the 'two years' mentioned in Paragraph 2 of Article 4. |
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| Download : 대법 2013다2672.pdf | |||||
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