상대평가에 의한 갱신거절의 정당성

If the party fixed-term contract has set a ‘specific requirement’ for renewal of contracts, then both the relative evaluation standard and the absolute evaluation criteria will have a validity as a criterion for judging whether or not they are renewed, unless they deviate from the purpose of determining the ‘certain requirement’. Relative evaluation is based on the following criteria: (1) Whether the relevant relative evaluation meets the criteria for judging whether or not the ‘certain requirement’ set by the party is met; (2) Whether the requirement has been agreed between the parties; and (3) Whether relative evaluation is objectively or fairly, and (4) Whether relative evaluation is objectively or fairly in general. The present renewal expectation right is merely the right of interpretation of the contract, which can only be recognized when the contract between the parties can be revealed in the interpretation of the contract that the contract is renewed if certain requirements are met. In the future, the renewal expectation right jurisprudence should move toward giving legal rights to workers' reasonable expectation. If short-term contracts are repeated, if there is renewal of contracts practice of the same type of worker, if there are objective circumstances that renewal of contracts can expect, such as when there are renewal of contracts requirements and procedures even if they are not specific, There is a need to give legal rights to workers' reasonable expectations regarding renewal. If renewal expectation right is reborn as a more valid right as a right based on an act that is not an incomplete right by the interpretation of the contract, then the worker's renewal of contracts, by the obstacles set by the user under the name "requirements set by the parties" There will be no interruption of rational expectations.