Supreme Court Decision 2018Du62492 Decided June 29, 2023 【Revocation of Retrial Decision to Remedy Unfair dismissal】

【Main Issues and Holdings】
[1] Where a fiduciary relationship, in which if certain requirements are satisfied even if an employee has reached the retirement age, he/she may be reemployed as a fixed-term employee, is formed between the parties to a labor contract, whether the employee may have a right of expectation to be reemployed after his/her retirement age (affirmative in principle)
Where a right of expectation of an employee who has reached the retirement age to be reemployed as a fixed-term employee is admitted, the effect of his/her employer’s refusal of reemployment without any reasonable ground (nullity)

[2] Where an employee who has already reached the retirement age concludes a fixed-term labor contract, the method of determining whether a due right of expectation for the renewal of the labor contract may be admitted
Where an employee’s right of expectation for the renewal of a fixed-term labor contract is admitted, the effect of refusal of the renewal of a labor contract by his/her employer without any reasonable ground (nullity)
In such a case, whether a labor relation after the expiration of the contract can be deemed the same as the renewal of the previous labor contract (affirmative)
Where an employer excludes a right of expectation for the renewal of a labor contract which is recognized in relation to an employee and refuses to renew the contract, the standards for determining whether there is any reasonable ground therein and a person who is responsible for proving such circumstance (held: employer)