기간제 근로자의 갱신기대권에 대한 판단과 해석 -2005년 이후 대법원의 판례흐름과 그 비판적 검토내용을 중심으로-

This paper examines the problem of fixed-term workers, particularly of renewal of contract. The aim of this study is to provide an overview of the recent stance of the Supreme Court. This paper thus attempts to outline an alternative reading of the Supreme Court’s decision about renewal of contract. Recently, the Supreme Court has acknowledged renewal expectation right of fixed-term workers. However the Supreme Court dose not give clear evidences as to why renewal expectation has become a right on the law. So far, no definitive answer has been given to this question in academic circles. This paper has basically three perspectives. Firstly, is renewal expectation of contract a right on the law? Secondly, what are the legal requirements for renewal expectation right? Thirdly, what are the legal benefits can be recognized from renewal expectation right? In general terms, what all this shows is that the way we intergret renewal expectation right in the Supreme Court and academic circles. This paper tentatively conclude that it is necessary to obtain specific and obvious legal conditions for renewal expectation right of fixed-term workers. We expect the subject treated in this paper deserves a further study.