2. B

[Defendant-Appellant] Defendant 1

2. On July 6, 2018, the Defendant’s rejection disposition against the Plaintiffs regarding re-Definition of the salary grade is revoked.

3. All costs of the lawsuit are borne by the Defendant.

The court's reasoning on this part is that the corresponding part of the judgment of the court of first instance is the same, except for adding "each description of evidence No. 1 through No. 6" to "No. 2, No. 12, No. 2018, Jan. 2, 2018" to "No. 2, No. 2018, Jan. 22, 2018."

2. Determination as to whether the instant disposition is lawful

1) Relevant provisions and legal principles

A) As a matter of principle, the law is a norm which has the same binding force against many and unspecified persons, so that it can be interpreted as objective validity by clarifying the standard meaning of the law, and as much as possible, it should be ensured that legal stability is not undermined by maintaining consistency acceptable to all the people. On the other hand, since the law is established in consideration of a universal and typical matter, it is necessary to interpret that law can be the most reasonable solution to the specific matter when applying the law in a variety of cases that occur in society reality. In short, the goal of legal interpretation must be to find concrete validity within the extent that does not undermine legal stability. To that end, as a matter of principle, interpretation must be faithfully interpreted within the ordinary meaning of the text used in the law. To that end, the legislative intent, purpose, legislative history, harmony with the entire legal order, relationship with other statutes, etc., and thus, it should be further adopted to meet the above request for legal interpretation (see, e.g., Supreme Court en banc Decision 2013Da33181, Jul. 17, 2013).

B) Article 47(1) of the State Public Officials Act provides that matters concerning the salary grade and promotion of public officials shall be prescribed by Presidential Decree. The Public Officials Remuneration Regulations (amended by Presidential Decree No. 23497, Jan. 6, 2012) based on delegation from the authority stipulate that the beginning salary grade of public officials shall be defined in accordance with attached Table 15, and the attached Table 15 stipulates that the beginning salary grade of public officials shall be calculated for each class in accordance with attached Table 1 through 16 of the beginning salary grade table of public officials, and that the beginning salary grade shall be defined in attached Table 16 [Attachment Table 16] among the "the career conversion rate table of public officials, etc. of public officials, etc. (hereinafter referred to as the "the Regulations in this case"), 2.B.7 (hereinafter referred to as the "Public Officials, etc.") in the same field shall be 100%, and the same non-permanent career experience of public officials shall be 80%, and the meaning of "the beginning salary grade of public officials," is not specifically defined.

C) Article 4-4(1) and (2) of the Employment Security Act provides that an employment security office may place a job counselor who is not a public official in charge of job placement, vocational guidance, and provision of employment information (hereinafter referred to as “private job counselor”), and the standards for placement of private job counselors and other necessary matters shall be determined by Ordinance of the Ministry of Employment and Labor. Following such delegation, Article 1-2(1) and (2) of the Enforcement Rule of the Employment Security Act provides that when the Minister of Employment and Labor places a private job counselor, he/she shall take into account the population, number of workers, and number of business places in the region where the employment security office is located, and the qualifications, procedures for selection, and employment of

According to delegation, the Minister of Employment and Labor adopted a system of "work counselor for short-term hours" under the former Regulations on Job Advisors (wholly amended by Ordinance of the Ministry of Labor on January 20, 2010; hereinafter the same shall apply) to the duties, qualifications, selection procedures, employment, and other matters necessary for personnel management of private job counselors who are assigned to local labor offices under the former Regulations on Work Advisors. However, to lead the creation of part-time jobs in the public sector and to provide high-quality work to career-interrupted women who are responsible for childbirth and childcare, the former Regulations on Work Advisors for Short-time Hours in accordance with Article 2 and Article 3 of the former Regulations on Work Advisors for Long-Term Hours are prescribed by the former Regulations on Work Advisors (amended by Ordinance of the Ministry of Labor on March 1, 2010; hereinafter the same shall apply) to the work counselor for short-time hours, and the term "work time counselor" means a part-time worker under Article 2 of the former Labor Standards Act.

On the other hand, after the disposition of this case was taken, the term "short-time work counselor" and "ordinary work counselor" mean a person employed for 8 hours a day and 40 hours a week among the job counselors, and the term "short-time work counselor" defined as a person employed for 5 hours a day and 25 hours a week a week a week a day a day a day, among the job counselors, under the direction of the Ministry of Employment and Labor on October 11, 2018, the former Regulations was repealed, and the former Regulations on the Operation of Employment and Labor Directive No. 267 of January 30, 2019 to integrate the two.

D) Article 2 Subparag. 9 and Article 18 of the Labor Standards Act defines “part-time workers” as “part-time workers” as defined in the contractual work hours per week, which refer to shorter workers than those of ordinary workers engaged in the same kind of work at the workplace concerned. The working conditions of part-time workers shall be determined according to the ratio calculated on the basis of the working hours of ordinary workers engaged in the same kind of work at the workplace, and matters which form the basis for such determination and other necessary matters shall be prescribed by the Presidential Decree, and Articles 55 and 60 shall not apply to workers whose contractual work hours per week are less than 15 hours on the average of the working hours of the same kind of work at the workplace (if they work for less than four weeks, the period shall be determined by the Presidential Decree).

(ii) the meaning of full-time work

Examining the contents, structure, etc. of the relevant provisions in light of the aforementioned legal principles, the term "standing" in the instant provision refers to a case where a worker worked on a daily basis as prescribed by the rules of employment, etc. of the relevant workplace and has worked on a regular basis for a certain period of time, and it shall not be deemed that the term "the so-called "the so-called "the so-called" working for eight hours a day and forty hours a week. The detailed reasons are as follows.

A) Since the Public Officials Remuneration Regulations do not specifically stipulate the meaning of "standing", the meaning of "standing" in the instant provision is to faithfully interpret the meaning of "standing" in principle, in light of the ordinary meaning of the terms, the legislative history and legislative intent of the instant provision, relationship with other statutes, etc.

B) Article 6(2)4 of the Enforcement Decree of the National Health Insurance Act provides that the term "standing worker or part-time worker whose contractual working hours are less than 60 hours" means a worker who has worked for a certain period of time on a day and who has worked for a certain period of time. In other words, the term "airworthiness" and "regular working hours" are not directly related to "minimum working hours". Article 9(1) of the Enforcement Decree of the National Health Insurance Act, upon delegation by Article 6(2)4 of the National Health Insurance Act, provides that "non-standing worker or part-time worker whose contractual working hours are less than 60 hours" is excluded from the National Health Insurance Act, and the term is premised on the distinction between "standing worker or part-time worker" and "regular working hours".

C) The former Employment Security Act is a subordinate provision of the Employment Security Act to determine matters necessary for the personnel management of private workers. It is not a provision that is established with the view to recognizing the work experience at the time of defining the beginning salary class when a private vocational counselor is employed as a public official. The former Regulations on Minimum-hour Work Counselor classify the private vocational counselor as the "part-time work counselor" and the "ordinary work worker worker" according to the classification of the part-time worker and the ordinary worker under the Labor Standards Act, but there is no difference in the qualifications, status, and duties between them, except that the daily work hours differs. The Labor Standards Act only allows them within a certain scope to regulate the work conditions of the "part-time worker" and does not stipulate that the "part-time worker" does not fall under the "part-time worker" as the "part-time work worker". Therefore, the former Regulations on the Part-time Work Finding does not include both the "part-time work worker" as the "part-time work worker" and the "part-time work counselor" as the "part-time work worker" as the "part work hours".

D) In order to improve the criteria for recognition of similar work experience as amended by Presidential Decree No. 23497 on January 6, 2012, the Public Officials Remuneration Regulations added the phrase “one-time work experience in various service teams listed in the attached Table 16, attached Table 17, and attached Table 19, including the instant provision.” At the time, the reason for amendment was limited to only some of the work experience in the same field prior to the appointment of public officials. However, in order to actively attract outstanding work experience in the same field, 100% of the work experience in the private sector is recognized in order to rectify discrimination against non-regular workers, and it was intended to reflect the same work experience in the same field as non-regular work experience in the non-regular work in the determination of salary class and re-determination in addition to the full-time work experience. The reason for amendment, which added the phrase “one-year work experience in the non-regular work experience prior to the appointment of public officials,” and thus, the amendment of the Public Officials Remuneration Regulations is not intended to limit the scope of remuneration of 1.

E) Meanwhile, as the amendment of the Public Officials Remuneration Regulations in 2012 expanded the scope and ratio of similar work experience, it stated that "where public officials' salary management standards are applied to the same work hours as the regular employees of the relevant agency and work for the Full-titime" in order to explain the revised contents in the Public Officials Remuneration Planning Department of the Ministry of Public Administration and Security in May 2012, and "the data prepared and distributed in the Public Officials' Salary Management Department of the Ministry of Public Administration and Security," "the main contents of the amendment," "the full-time working hours shall be applied to the same work hours as the regular employees of the relevant agency," and accordingly, "the detailed criteria for recognition of similar work experience" prepared by the Ministry of Employment and Labor in the Ministry of Employment and Labor around October 2012 shall be applied to the same working hours as the regular employees of the relevant agency, and "the Ful-time" shall not be accepted as part of the opinion on the amendment of the Public Officials Remuneration Regulations in 20 years earlier.

3) Whether a full-time employment counselor is a full-time employee

As seen earlier, the former Regulations for Work Advisors pursuant to the delegation of Article 4-4(2) of the Employment Security Act, like the former Regulations for Work Advisors, so the former Regulations for Work Teachers are one of the "private employment counselors" under Article 4-4(1) of the Employment Security Act.

Article 28 of the former Part-time Work Counselors Regulations that apply to the plaintiffs during the period of their work as a "worker for Minimum-time Work" shall be from every week to every week, and the Saturday shall be from every week to every week (Paragraph 1), the hours shall be from 10:00 to 16:00, and the hours shall be from 10:00 to 16:00, and the hours shall be in accordance with the Labor Standards Act, and the hours shall be in accordance with the Labor Standards Act, to the extent separately designated during the working hours in consideration of the volume of their work.

In light of the contents of these regulations, the plaintiffs shall be deemed to have worked as a "standing" since they worked for five days a week, each week, each of which is the ordinary working day of the government offices, at five hours a day (excluding recess hours) on a daily basis during the period of work as a "short-time work counselor". Accordingly, according to the provisions of this case, the plaintiffs' work experience as a "short-time work counselor" should be reflected in defining the beginning salary grade of the public officials.

Therefore, in the instant provision, the term "standing worker" means only 40 hours a week 5 days a week, and on the premise that the plaintiffs' work experience as a part-time job counselor does not fall under the plaintiffs' work experience, and thus, the instant disposition should be revoked as it is unlawful, under the premise that it does not fall under the work experience to define the beginning salary class.

3 Conclusion

Therefore, the plaintiffs' claims are justified, and the judgment of the court of first instance is unfair with different conclusions, so the appeal of the plaintiffs is accepted and the judgment of the court of first instance is revoked and the disposition of this case is revoked.

Judge Maximum Order

Judges Hong Man-man