A. The Defendant is a company whose business purpose is city bus passenger transport business, etc., and the Plaintiffs are the employees working for contract-based drivers at the Defendant company.

B. Under a collective agreement between the labor and management, the Defendant determines that a heavy-type bus is operated by the contractual workers as a full-time worker.

In addition, the defendant paid wages to regular workers and contract-based workers by applying other wage calculation table.

C. However, while the plaintiffs were employed as contract workers, the plaintiffs operated large buses for the same day as the entry in the column of "large-type work" among the details of the difference in the regular wage of attached Form No. 1.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 1 through 10 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. An employer shall not discriminate against a worker who has entered into an employment contract without a fixed period of time engaged in the same or similar kind of work at the relevant business or workplace on the ground that he/she is a fixed-term worker (Article 8 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “fixed-term Act”).

The term "fixed-term worker" refers to a worker who has entered into an employment contract with a fixed period of time;

According to Article 2(1) of the Fixed-term Workers Act, the defendant concluded a labor contract with the plaintiffs for a fixed period of time. Thus, the plaintiffs should be deemed to have worked as a fixed-term worker during that period.

In addition, the plaintiffs asserted that they were treated as a fixed-term worker for the pertinent period, and therefore, they worked as a fixed-term worker under the premise that the defendant was employed as a regular worker.

The former is an actual full-time worker thereafter.