갱신기대권에 대한 판례의 전개와 발전-1994~2020년 판례의 흐름을 중심으로-

Abstract

The right of general Workers to expect renewal of their fixed-term employment contract was confirmed as a judicial precedent around 27 years ago. Before <Act on the Protection, etc., of Fixed-term and Part-time Employees> was enacted, we can say that the right to expect renewal had been generally the question in case when the renewal of terms had been repeated for so long time that the fixed term was just perfunctory. Since the enactment of the Fixed-term Act, however, on one hand, the right to expect renewal has diversified as the interpretative problem on the requirements for recognition of the right in spite of the completion of the term, the question whether the right to expect to be switched to unlimited contract is accepted, and etc., and on the other hand, cases related to the problems on the requirements for limiting the right to expect renewal, etc., have emerged. This paper analyzes a number of cases from the point when the right to expect renewal was confirmed as a judicial precedent to the most recent to review the development and advancement of judicial precedents on the right to expect renewal and current issues.