[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “non-existence of expectation of renewal (no repeated renewal cases).” Decision body: Seoul Regional Labor Relations Commission 2026Buhae1817 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-07-29 · Case result: Dismissed Summary of key issue: There was no provision in the employment contract or elsewhere to the effect that the employment contract would be renewed if certain conditions were met; the worker could fully recognize that the employment relationship would end upon expiry of the contract term; and there had been no prior case of renewal of the employment contract with this worker. In light of these factors, the worker could not be found to have an expectation of renewal. / 1. Legal Implications Ⅰ. Case Overview In this case, a fixed-term worker applied to the Labor Relations Commission for a remedy, claiming unfair dismissal after the employer did not enter into a new contract upon expiry of the contract term. Focusing on the contents of the employment contract and the actual operational practices, the Seoul Regional Labor Relations Commission examined whether an expectation of renewal could be recognized, and ultimately dismissed the worker’s application for remedy for unfair dismissal. Ⅱ. Summary of Issues The issue in this case is: “Where the contract term specified in the employment contract has expired, and there is no separate system for conversion to regular employment or practice of repeated renewal, can an expectation of renewal of the employment contract nevertheless be recognized on the part of the worker?” Ⅲ. Key Points of the Labor Relations Commission’s Decision The panel in this case found that there was no provision whatsoever in the employment contract or elsewhere to the effect that the employment contract would be renewed if certain conditions were met; that the worker could fully recognize that the employment relationship would terminate when the contract term ended; and that there had never been any renewal of the employment contract with this worker in the past. Accordingly, it was difficult to find that a relationship of trust had been formed whereby the worker could believe that “if certain conditions are met, the contract will naturally be renewed.” Therefore, the employer’s non-renewal after expiry of the contract term did not constitute unfair dismissal, and the employment relationship was deemed to have naturally terminated upon expiry of the term. Ⅳ. Practical Points (From the Worker’s Perspective) For a fixed-term worker to assert unfair dismissal, it is necessary to prove that an expectation of renewal was formed, not merely through simple hopes or verbal assurances, but through provisions in the employment contract, rules of employment, or collective agreements, or through a practice of repeated renewals. In particular, as in this case, where the contract clearly states that the employment relationship “naturally terminates upon expiry of the term” and there are in fact no renewal cases, it should be noted that it is very difficult to have unfair dismissal recognized by the Labor Relations Commission. Ⅴ. Practical Points (From the Employer’s/Company’s Perspective) When employing fixed-term workers, companies should clearly state the contract period and end date in the employment contract and take care not to create wording or practices that could be misunderstood as “automatic renewal upon satisfaction of certain conditions.” In addition, it is helpful for preventing disputes to manage personnel operations consistently so as not to form a practice of renewal, and, where there are policies on conversion to regular employment or repeated renewal, to clearly set out the requirements and procedures in writing. This decision once again confirms, in the “expiry of fixed-term employment contracts and disputes over unfair dismissal” that Labor Law Firm Law& frequently encounters in practice, that whether an expectation of renewal is recognized is the key issue. To obtain a favorable outcome at the Labor Relations Commission stage, it is important to systematically organize the facts regarding renewal-related provisions, practices, and the number of renewals, and to present and prove them in line with the relevant legal principles. 2. Matters Decided a. Case Overview and Procedural History There was no provision in the employment contract or elsewhere to the effect that the employment contract would be renewed if certain conditions were met; the worker could fully recognize that the employment contract would be terminated upon expiry of the contract term; and there had been no prior case of renewal of the employment contract with this worker. In light of these factors, the worker could not be found to have an expectation of renewal. 3. Gist of the Decision a. Key Points of the Labor Relations Commission’s Decision There was no provision in the employment contract or elsewhere to the effect that the employment contract would be renewed if certain conditions were met; the worker could fully recognize that the employment contract would be terminated upon expiry of the contract term; and there had been no prior case of renewal of the employment contract with this worker. In light of these factors, the worker could not be found to have an expectation of renewal. / [See More Related Decisions] - “‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’ Unfair Dismissal Decision” – Date of decision: - Case result: Initial decision upheld - “‘Expression of Intention to Resign (Resignation Remark Made by Telephone)’ Unfair Dismissal Decision” - “‘Dismissal (Non-Appearance at Hearing)’ Unfair Dismissal Decision” – Date of decision: - Case result: Dismissed [Tags] Unfair dismissal, non-existence of expectation of renewal (no repeated renewal cases), refusal to renew fixed-term contract, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm ※ This article is part of Labor Law Firm Law&’s “Unfair Dismissal Decisions” series. ※ You can view the previous article, “‘Number of Regular Workers (Calculated as 3.18 Persons)’ Unfair Dismissal Decision,” in a new window. ※ The list of decisions related to non-existence of expectation of renewal (no repeated renewal cases) can be viewed together in the “List of Decisions Related to Non-Existence of Expectation of Renewal (No Repeated Renewal Cases).” ※ Korean version of this case: Korean article