期間制 勤勞契約에 있어서의 更新期待權 및 更新拒絶의 效力

Abstract

The precedent Supreme Court`s decisions have protected employees through regarding expired fixed-term labor contract as non fixed-term labor contract holding that fixing the period means nothing but a mere formality, or by recognizing employees' right to expect renewal in case the renewal has been repeated for a long term or the explicit provision for renewal procedure exists in labor contracts, employment rules or collective agreements. This Supreme Court`s decision held that employees have the legitimate right to expect renewal if confidential relationship is formed between parties considering the circumstances surrounding labor relationship such as contents, motives and processes of labor contract etc., even though repeated renewal for a long term or explicit provision for renewal procedure does not exist. Furthermore, this Supreme Court`s decision ruled that judgement on rationality which is included in the refusal of renewal is not limited by formal assessment, rather the judgement should be based on practical evaluation not only on clarity and rationality in the provision of renewal procedure itself, but also on fairness and reasonableness of renewal assessment process. This commentary, basically agreeing with this Supreme Court`s decision, is dealing with the status of employees in fixed-term labor contract, legal principles of Supreme Court`s decision on protection of the employees, nature of right to expect renewal, and the standard of judgement on rationality placed in the refusal of renewal.