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TITLE Supreme Court Decision 2018Da207847 Decided January 27, 2022 【Confirmation of Invalidation of Dismissal】 [full Text]
Summary
【Main Issues and Holdings】 In a case where a user company directly employs a temporary agency worker pursuant to Article 6-2(1) of the Act on the Protection of Temporary Agency Workers, whether it should conclude an employment contract without a specified term with the temporary worker (affirmative in principle) Cases where extraordinary circumstances that allow the conclusion of a fixed-term employment contract is recognized on an exceptional basis and the burden of proof thereof (held: user company) Validity of a fixed-term employment contract concluded in absence of extraordinary circumstances (held: part prescribing fixed-term employment is invalid)
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