사용기간 제한 예외규정과 갱신기대권에 관하여 (The Exception of Restriction of Employment Period on fixed-term Act and Renewal Expectation Right)

서지정보

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· 저자명 : 윤기택

초록

The fixed-term Act takes effect on July 1, 2007. The article 4 of the fixed-term Act(Act on the Protection, etc. of fixed-term and Part-time Employees) restricts the employment period of fixed-term Employees. An employer may hire fixed-term employees for a period not exceeding two years. If an employer hires fixed-term employees for more than two years, the fixed-term employees shall be considered as workers who have made a labor-contract with no fixed-term.
The fixed-term Act Article 4. 1. No.1~6. are the Exceptions in Article 4. And according to the fixed-term Act Article 4. 1. No.5, an employer may hire fixed-term employees for a period in excess of two years, where the government offers a job according to the government's welfare policy, a countermeasure against unemployment as prescribed by the Presidential Decree. I have researched on this exception at this paper, especially focused on the purpose and the scope of this exception.
According to the Supreme Court, the fixed-term Act Article 4. 1. No.5. are applied to above-mentioned workers, who works at Public library to extend opening hours, in the case of this article, therefore an employer may hire fixed-term employees without restriction for a period in excess of two years.
But, firstly, the supporting project of a local government to extend Public library opening hours is the responsibility of a local government for the purpose of using library for local residents who have difficulties in using library during daytime. Secondly, it is general public administration services as continuing task. Therefore the worker in the case of this article should not belong to on exception in the restriction of the employment period of fixed-term Employees.
The question is whether the update that had previously applied to through the development of judicial precedents on fixed-term employment Renewal Expectation Right is still applicable even after the enforcement of the fixed-term Act.
It is noted that “regular work routine” is an important factor in generating Renewal Expectation Right in the decision of the “Supreme Court 2007두1729”. Employer's refusal against Renewal Expectation Right should be based on Fairness of the judgement criteria. In consideration of these points, The above commentary of the Supreme Court 2014두40753 is left with regret.

영어초록

The fixed-term Act takes effect on July 1, 2007. The article 4 of the fixed-term Act(Act on the Protection, etc. of fixed-term and Part-time Employees) restricts the employment period of fixed-term Employees. An employer may hire fixed-term employees for a period not exceeding two years. If an employer hires fixed-term employees for more than two years, the fixed-term employees shall be considered as workers who have made a labor-contract with no fixed-term.
The fixed-term Act Article 4. 1. No.1~6. are the Exceptions in Article 4. And according to the fixed-term Act Article 4. 1. No.5, an employer may hire fixed-term employees for a period in excess of two years, where the government offers a job according to the government's welfare policy, a countermeasure against unemployment as prescribed by the Presidential Decree. I have researched on this exception at this paper, especially focused on the purpose and the scope of this exception.
According to the Supreme Court, the fixed-term Act Article 4. 1. No.5. are applied to above-mentioned workers, who works at Public library to extend opening hours, in the case of this article, therefore an employer may hire fixed-term employees without restriction for a period in excess of two years.
But, firstly, the supporting project of a local government to extend Public library opening hours is the responsibility of a local government for the purpose of using library for local residents who have difficulties in using library during daytime. Secondly, it is general public administration services as continuing task. Therefore the worker in the case of this article should not belong to on exception in the restriction of the employment period of fixed-term Employees.
The question is whether the update that had previously applied to through the development of judicial precedents on fixed-term employment Renewal Expectation Right is still applicable even after the enforcement of the fixed-term Act.
It is noted that “regular work routine” is an important factor in generating Renewal Expectation Right in the decision of the “Supreme Court 2007두1729”. Employer's refusal against Renewal Expectation Right should be based on Fairness of the judgement criteria. In consideration of these points, The above commentary of the Supreme Court 2014두40753 is left with regret.

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