1. Case summary
① Who did Barun Law (attorneys Kim Yong-kyun, Moon Ki-joo, Park Yoon-jung and Lee Jong Hwa) represent?
We represented certain regular employees and contract-based employees (collectively, the “Employees”) of a state-owned corporation engaging in transportation business (the “Corporation”).
② Case background: The Corporation dismissed 라이브 바카라
ex officio for the following reason, “According to the investigation specially conducted to inspect irregularities relating to the employment practices of public organizations and entities relating to public jobs, certain people closely relating to 라이브 바카라 were found that they had requested the head of the labor union of the Corporation to hire them. This constitutes a case where disqualification for employment is discovered or it is discovered that an employee has been hired by a fraudulent or unjust method.” The Corporation sent a notice of cancellation of the employment contract due to fraud to 라이브 바카라 while the appeal was pending. The Corporation supplemented related assertions at the appeal. With regard to the contract-based employees, the Corporation added the following assertion that the three-month period during which they worked under internship did not count toward the period of continuous employment defined in Article 4 of the old Act on Fixed-Term and Part-Time Workers, and since the decision to dismiss them from office had been made before two years lapsed, after which they would be deemed to work as an employee for the indefinite term, it was impossible for them to recover their status as employee and there would be no benefits that they could obtain from the lawsuit.
③ Litigation: Representing 라이브 바카라, we made out the case, “The people allegedly close to 라이브 바카라 had never made the alleged request. If it is found that they made the request,
ex officio 라이브 바카라 may be made only when the existence of causal relationship is found between the alleged irregularities and employment under the Rules of Employment established in the Corporation. However, there is no causal relationship between the alleged request for employment and the Employees’ employment.” We filed a lawsuit to confirm the invalidity of
ex officio 라이브 바카라. We won the lawsuit at the district court. The Corporation filed an appeal, and we defended the Employees against the Corporation’s assertions and won the appeal again.
2. Decision
On February 8, 2022, the Civil Division 38-3 of the Seoul High Court precluded the Corporation’s assertion, finding that the period during which 라이브 바카라 had worked for the Corporation under internship counted toward the period of continuous employment defined in Article 4 of the old Act on Fixed-Term and Part-Time Workers. The appeal court further accepted the district court’s judgment that the Corporation’s assertion that the request for employment constituted an event giving rise to the
ex officio 라이브 바카라 of the Employees was contrary to the interpretation of the Corporation’s Rules of Employment, it was difficult for the court to see that the alleged request for employment had been delivered to the head of the labor union, evidence was not sufficient enough for the court to find that there was a causal relationship between the alleged request for employment and the Employees’ employment, and there was no evidence proving the existence of the causal relationship. The appeal court also explained that it was hard for the court to find that the absence of irregularities in the hiring process was indicated as motive in entering into the employment contract by the Corporation with the Employees or formed part of the contents of the employment contract, and if the fairness of the hiring process constituted the terms of the employment contract, there was no causal relationship between the alleged request for employment and the Employee’s employment with the Corporation, and thus, there was nothing subject to mistakes. As such, the appeal court reaffirmed the district court’s decision, in which it accepted the Employees’ claims and dismissed the Corporation’s appeal.
3. Our argument and role
Utilizing our experience, we successfully pointed out and substantiated the illegality of
ex officio 라이브 바카라 made by the Corporation against the Employees by analyzing and citing the limitation of literal interpretation of the Corporation’s Rules of Employment, legal theory regarding the conversion of fixed-term workers to indefinite-term workers, and related criminal judgements and records. In particular, we emphasized that the case was different from the existing cases in which the allegation of the cancellation of employment contracts was accepted. Eventually, we effectively defended the Employees against the Corporation’s assertion of the cancellation of the employment contract.
4. ImplicationThis case confirms that the internship period is included in the continuous employment period, which makes it possible for a fixed-term worker to be converted into an indefinite-term worker under Article 4 of the old Act on Fixed-Term Workers and Part-Time Workers if the internship period lasts without interruption. In addition, where a person closely related to a candidate engages in an unjust act for the candidate, it is reasonable to see that the candidate engages in the unjust act, too. However, if the Rules of Employment of an employer require the causal relationship between the alleged unjust act and employment, and if there is no causal relationship that is actually discovered, the existence of an allegedly illegal request for employment does not constitute an event giving rise to
ex officio 라이브 바카라. The above decision also confirmed that if an employer intends to cancel an employment contract for the reason of unfairness in the hiring process, matters relating to the fairness of the hiring process should be set out in the relevant employment contract, and the employment regulations and the rules of employment established by the employer and the causal relationship is required to be substantiated.
ㅁ Attorneys in charge: Kim Yong-kyun, Moon Ki-joo, Park Yoon-jung and Lee Jong Hwa
