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TITLE Supreme Court Decision 2019Du45647 Decided October 31, 2019 ¡¼Revocation of Readjudication on Relief Request for Unfair Labor Practice¡½ [full Text]
Summary
In a case where an employee having entered into an employment contract for a definite period is deemed to be entitled to a reasonable right to expect a renewal of an employment contract, the validity of unreasonable refusal to renew the employment contract in violation of such right (invalid), and whether the employment relationship after the termination remains the same as in the case of a renewal of the previous employment contract (affirmative)
Where an employment contract for a definite period is concluded after the retirement age has been reached, the standard of determining whether there exists a reasonable right to expect a renewal of an employment contract
Standard of determining whether there are reasonable grounds for an employer to refuse to renew an employment contract by ignoring an employee¡¯s reasonable right to expect a renewal of an employment contract and the person bearing the burden of proof regarding the existence of such circumstances (held: employer)
Whether such legal principle likewise applies in the event of the termination of an employment contract for a definite period concluded by a seafarer who is subject to the Seafarers¡¯ Act (affirmative)
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