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Unlike the normal continuous contracts, fixed-term contracts for employment are automatically terminated and the employer need to take no another ways to terminate them. However, the expiry of a fixed-term contract without its being renewed is sometimes deemed as a dismissal. For example, if the applicant received a fresh contract of employment at the beginning of every year, so that it seems reasonable for him/her to expect the renewal of it in the next year. That is one of the principal attitudes of the courts towards fixed-term contracts for employment in Korea. In this case, the employee can gain compensation for loss suffered. This study is focused on the way how to calculate the compensation. Section 656(1), Civil Act enable us to know the counting method of compensation. According to it, there are two ways to determine the normal salary of the applicant. First, if an employer is just adjudged to renew the contract, we have to find comparable employees engaging in the same or a broadly similar work among fixed-term employees and check up on the salaries of them. On the other hand, if the employment contract substantially has indefinite duration, we have to choose comparable employees from unfixed-term ones.


Unlike the normal continuous contracts, fixed-term contracts for employment are automatically terminated and the employer need to take no another ways to terminate them. However, the expiry of a fixed-term contract without its being renewed is sometimes deemed as a dismissal. For example, if the applicant received a fresh contract of employment at the beginning of every year, so that it seems reasonable for him/her to expect the renewal of it in the next year. That is one of the principal attitudes of the courts towards fixed-term contracts for employment in Korea. In this case, the employee can gain compensation for loss suffered. This study is focused on the way how to calculate the compensation. Section 656(1), Civil Act enable us to know the counting method of compensation. According to it, there are two ways to determine the normal salary of the applicant. First, if an employer is just adjudged to renew the contract, we have to find comparable employees engaging in the same or a broadly similar work among fixed-term employees and check up on the salaries of them. On the other hand, if the employment contract substantially has indefinite duration, we have to choose comparable employees from unfixed-term ones.