[Order]
The judgment below is reversed and the case is remanded to the Seoul High Court.
[Reasoning]
The grounds of appeal are examined.
1. As to the First Ground of Appeal
The court below, based on the evidence cited, found that the Plaintiff, since being appointed as a part-time instructor in the ○○○ Department of Yonsei Language Institute (연세어학원), an educational institution attached to the Defendant, on January 9, 1992, remained in service by renewing his appointment contract on a semester basis until December 31 of the same year, and thereafter on an annual basis from January 9, 1993 to December 31, 1995, and that around early December 1995, he renewed his annual part-time instructor appointment contract with non-party 1, then director of the said Language Institute, setting the contract period from January 1, 1996 to December 31, 1996.
According to the record, Article 9 of the Regulations on Part-Time Instructors (시간강사에관한규정) of the said Language Institute provides that a part-time instructor who does not renew the appointment contract 30 days before the expiration of the contract period shall automatically retire upon expiration of the contract period, and that the director shall state this effect in the appointment contract; Article 10 of the 1995 appointment contract (Defendant's Exhibit No. 5), drawn up according to the standardized contract form used between the Plaintiff and the said Language Institute, expressly provides that "if the Plaintiff wishes to renew this appointment contract, he shall apply in writing to the Defendant through the department head by no later than two months before the expiration of this contract period, and upon such application the renewal shall be simultaneously recognized; however, if no such application is made, the Plaintiff shall be deemed to have no intention of renewing the contract, and this contract shall terminate upon expiration of this contract period." It can also be observed that the Plaintiff and other annual part-time instructors did not, in renewing their appointment contracts, apply for renewal two months before the expiration of the appointment period, but instead concluded separate renewal contracts in accordance with the Regulations on Part-Time Instructors. In light of these circumstances, it appears that, absent special circumstances, whether the Plaintiff would be reappointed for 1996 was to be determined by the Plaintiff's own intention 30 days before the expiration of the 1995 contract period. Meanwhile, it can be recognized that the director of the said Language Institute, as one of the official documents submitted to the immigration office, prepared an employment contract for the Plaintiff (Plaintiff's Exhibit No. 1-1) stating the contract period as from January 1, 1996 to December 31, 1996, dated December 4, 1995—after the aforementioned final deadline for renewal of the appointment contract had already passed—together with a notarized letter of guarantee of identity guaranteeing the Plaintiff's identity from January 1, 1996 to December 31, 1996, thereby enabling the Plaintiff to obtain an extension of his stay. Given these circumstances, it is reasonable to view that the 1996 reappointment contract had already been concluded between the Plaintiff and the Defendant in accordance with the contents of the aforementioned employment contract, and it cannot be regarded as merely a document prepared by the Defendant's side to provide part of the documentation for the stay extension, without regard to whether or not a renewal contract would actually be concluded, before the Defendant's side had confirmed its intention to renew the contract. Accordingly, the fact-finding of the court below as described above is justified, and there is no error therein, as argued in the grounds of appeal, arising from a misapprehension of the rules of evidence that would have affected the outcome of the judgment. This ground of appeal is without merit.
2. As to the Second Ground of Appeal
A. As to the Point Concerning Misapprehension of Facts and Misapplication of Law Regarding the Duration of the Appointment Contract
Where the duration of an employment contract has been fixed, the employment relationship between the parties to the employment contract terminates as a matter of course upon expiration of the fixed period, without the need to await any separate measure such as dismissal by the employer, absent special circumstances (see Supreme Court en banc Decision 95Da5783, decided August 29, 1996). However, only in exceptional cases where short-term employment contracts have been repeatedly renewed over a long period such that the fixed period has become merely nominal, an employee hired for a fixed term may be treated in substance no differently from an employee without a fixed term, and in such cases, an employer's refusal to renew the contract without justifiable cause is invalid in the same manner as a dismissal (see Supreme Court Decisions 93Da17843, decided January 11, 1994, and 95Da9280, decided July 11, 1995, among others).
According to the reasoning of the judgment below, the court below determined that an expectation had been maintained between the Plaintiff and the Defendant, in that the Plaintiff, absent particular defects, could continue to work due to the customary practice of annual renewal of the contract between the Plaintiff and the said Language Institute under the Defendant, and that the provision in the appointment contract requiring a written renewal application two months before the expiration of the contract was merely a provision for convenience to clarify the renewal relationship, rather than a provision determining the effect of the renewal; therefore, absent proof of any justifiable cause for refusing to renew the contract upon its expiration, the court below determined that the Plaintiff still held the position of instructor in the ○○○ Department of the Foreign Language Institute of Yonsei University Language Institute, established and operated by the Defendant.
However, as noted above, Article 9 of the Regulations on Part-Time Instructors provides that annual part-time instructors shall conclude contracts on an annual basis, and that an instructor who does not renew the appointment contract 30 days before the expiration of the contract period shall automatically retire upon expiration of the contract period; and the Plaintiff's actual appointment contract also expressly provided that a separate renewal procedure must be undertaken before the expiration of the appointment period in order to renew the contract. Furthermore, according to the record, it can be recognized that the Defendant, in the same manner as with other part-time instructors of the said Language Institute, paid the Plaintiff one year's worth of severance pay immediately each time the one-year contract period with the Plaintiff expired, thereby settling the prior employment relationship each time; and that the Plaintiff, as a foreign national residing in Korea under a short-term stay permit granted by the administrative authorities, obtained an extension of the period of stay each time a reappointment contract was concluded, in accordance therewith. In light of these various points, even considering the circumstances found by the court below—namely, that the appointment contract between the Plaintiff and the Defendant was renewed three or four times, that no instructor in the ○○ Department had been refused a renewal application during that period, and that the pre-printed appointment contract form used for instructors contained a clause providing that if an existing part-time instructor applies for renewal by two months before the expiration of the contract period, the appointment contract is automatically renewed—it is difficult to conclude that the fixed term of the Plaintiff's appointment was merely nominal such that the Plaintiff was, in substance, in the position of an employee without a fixed term. Therefore, absent special circumstances such as a renewal of the appointment contract, the Plaintiff, at the latest upon the expiration of the 1996 appointment contract on December 31, 1996, automatically retired and no longer held the position of instructor in the ○○ Department of the said Language Institute. Accordingly, the judgment below, which determined otherwise that the Plaintiff still held the position of part-time instructor at the said Language Institute even after January 1, 1997, contains an error of law, as argued in the grounds of appeal, based on a misapprehension of the legal principles concerning the renewal of employment contracts. This ground of appeal is with merit.
B. As to the Point Concerning Misapprehension of Legal Principles Regarding Termination of the Appointment Contract
Inasmuch as it is recognized, as noted above, that the 1996 reappointment contract was concluded anew between the Plaintiff and the Defendant around early December 1995, the argument in the grounds of appeal that the Defendant refused to renew the said appointment contract with the Plaintiff by way of, among other things, the measure suspending the assignment of classes to the Plaintiff thereafter, and that there was justifiable cause for such refusal to renew, is without merit and need not be further examined, even though the court below erred in adding an unnecessary determination concerning the refusal to renew the appointment contract.
Meanwhile, the court below, based on the evidence cited, found the following facts: that around July 14, 1995, the Plaintiff had an argument, in a somewhat raised voice, during class with non-party 2—who was both an instructor at the Korean Language Institute of the said Language Institute of the Defendant and a student in the ○○ Department of the aforementioned Foreign Language Institute—on the ground that non-party 2's attitude in class was poor; that the director of the said Language Institute, suddenly raising the issue of the non-party 2 incident around December 20, 1995, after the 1996 appointment contract had already been concluded with the Plaintiff, took the measure of suspending the assignment of classes to the Plaintiff for the next six months, while separately notifying the Plaintiff of a disciplinary suspension, and, around May 1996, after this lawsuit had been filed, notified the immigration office that the Plaintiff had been dismissed; that Article 10, Paragraph 2, Item 2 of the Regulations on Part-Time Instructors of the said Language Institute provides that "where it is determined that the teaching performance of an appointed part-time instructor is insufficient in light of the Language Institute's educational standards, or that the instructor has violated matters specified in the contract, the director may terminate the contract midway upon the request of the head of the academic affairs department or the relevant academic affairs section chief"; and that, on the other hand, the Defendant had no provisions whatsoever regarding grounds and procedures for disciplinary action, such as suspension of class assignment or disciplinary suspension, with respect to part-time instructors of the said Language Institute. Based on these findings, the court below determined that the mere fact that the Plaintiff, a part-time instructor, had an argument concerning a student's attitude in class could not be deemed to constitute insufficient teaching performance in light of the Language Institute's educational standards or a violation of matters specified in the contract, as provided in Article 10, Paragraph 2, Item 2 of the Regulations on Part-Time Instructors; that no basis under the employment rules could be found for the six-month suspension of class assignment imposed on the Plaintiff by the director of the said Language Institute; and that even if there were such a basis, in light of the nature of the aforementioned cause, the reason for its occurrence, and the process of the measure, it would constitute an abuse of disciplinary authority and thus be invalid. According to the record, this determination by the court below is acceptable. However, according to the record, although Section 1.3.2.2 of the Defendant's 1995 Foreign Language Institute Regulations provides that "if an instructor commits gross conduct or a serious violation of these regulations, the instructor may be immediately dismissed. If early dismissal is decided, the instructor may request a meeting with the department head and the responsible officer before the final administrative directive is implemented," the court below erred in failing to proceed to determine whether this ground for dismissal was applicable. Nevertheless, even granting, as argued in the grounds of appeal, that the Plaintiff failed to respond despite having received several recommendations for reconciliation and apology from the Language Institute after the non-party 2 incident, this alone cannot be deemed to constitute the "gross conduct" or "serious violation of the regulations of the Language Institute" referred to therein; therefore, this error does not affect the outcome of the judgment, and ultimately, the judgment below cannot be found to contain an error of law, as argued in the grounds of appeal, based on a misapprehension of legal principles concerning justifiable cause in the termination of the appointment contract of a part-time instructor or the exercise of disciplinary authority. This ground of appeal is without merit.
C. As to the Point Concerning Misapprehension of Legal Principles Regarding Regulations on Class Assignment, etc.
According to the record, it is true, as argued in the grounds of appeal, that the pre-printed part-time instructor appointment contract contains a clause providing that the assignment of classes to instructors and the granting of positions shall be determined by the director of the Language Institute. However, according to the testimony of non-party 1, the director of the said Language Institute, as a witness in the first instance, it can be recognized that the director of the Language Institute delegated to the ○○ Department itself the authority to determine matters concerning the assignment of classes and the granting of positions to instructors within the ○○ Department. Therefore, the determination of the court below—based on the evidence cited, finding that at a meeting of class leaders (급주임회의) of the ○○○ Department, it was decided that the Plaintiff would serve, for 1996, as the Level 3 class leader of the ○○○ Department for a one-year term, receiving a monthly class leader allowance of 239,000 won, and thereupon determining that the Plaintiff held the position of class leader of the ○○○ Department of the Defendant's Language Institute from January 1, 1996—is justified, and there is no error therein, as argued in the grounds of appeal, based on a misapprehension of the legal principles concerning the regulations on class assignment and the granting of positions at the Defendant's Language Institute. This ground of appeal is also without merit.
3. Conclusion
Therefore, the judgment below is reversed, and the case is remanded to the court below, this judgment being rendered as stated in the Order, by the unanimous opinion of the Justices participating in the decision.
Presiding Justice Lee Yong-hoon; Justice Jung Gwi-ho; Justice Park Jun-seo (Justice in charge); Justice Kim Hyeong-seon