기간제 근로계약에 있어서 갱신기대권과 갱신거절의 정당성

The employment relationship in a fixed-term employment contract is terminated when the term of the contract expires. In order to increase labor force flexibility and reduce costs, employers renew schort-term employment by using fixes-term contracts. Employees are concerned by the lack of job security during their period of employment. Including the right to expect renewal, courts formulated judicial precedents to regulate repeated renewals of fixed-term contracts by employers. By jurisprudence on the right to expect renewal as a legal principle that guarantees employment to fixed-term worker, they can continue to be employed despite the expiration of the labor contract period. The jurisprudence of the right to expect renewal has greatly contributed to the employment security of fixed-term workers. The proper work of the right to expect renewal habe to be promoted by developing a detailed interpretation of the jurisprudence. The jurisprudence of the right to expect renewal may be limited in its specific interpretation and application to guarantee employment of fixed-term workers. Such limitations happen because the employer’s will or management can be enforced by using criterion such as trust and expectation relation, and they are immanent in the jurisprudence of the right to expect renewal. Therefore we habe to find the definite criterion of whether the right to expect renewal is recognized and whether there is a rational reason for refusing renewal.