Security Guard Renewed Contract No. 14... Court Rules "Dismissal Based on Performance Evaluation Is Unfair"

[Asia Economy Reporter Seongpil Jo] Even workers with fixed-term contracts are recognized to have the right to expect renewal, so they should not be dismissed simply based on personnel evaluations, a court ruling has stated.

According to the legal community on the 19th, the Seoul Administrative Court Administrative Division 12 (Presiding Judge Hong Sunwook) ruled in favor of apartment security guard Mr. A in a lawsuit he filed against the Central Labor Commission, requesting the cancellation of the "unfair dismissal relief reconsideration ruling."

The court stated, "Mr. A is a fixed-term worker, so there is no need to follow dismissal procedures, but the right to expect renewal is recognized," and added, "It is difficult to see the personnel evaluation of Mr. A as objective, reasonable, and fair."

Mr. A joined Corporation B, which operates facility security and housing management businesses, in September 2014 and renewed his labor contract 14 times.

However, Corporation B sent Mr. A a notice in July 2018 stating that his labor contract would be terminated.

Claiming this notice was an unfair dismissal, Mr. A applied for relief to the local and central labor commissions but was rejected, leading him to file a lawsuit.

Mr. A argued that Corporation B violated the dismissal procedures stipulated in the Labor Standards Act. On the other hand, Corporation B claimed that there is a practice of deciding contract renewals based on personnel evaluations of security guards.

This content was produced with the assistance of AI translation services.