손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of this part of the judgment of the court is the same as the reasoning of the judgment of the court of first instance, and thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiffs asserted in the appellate court that the public officials of the administrative posts were compared to the other public officials, and both of the conjunctive arguments were withdrawn.
The comparison group of the plaintiffs, who are vocational counselors (general), is a public official of Grade 8 and 9 in the counseling service (hereinafter referred to as the "public official of this case").
B. Although the Plaintiffs were performing the same and similar duties as the instant public official, the Defendant asserted in the first instance trial that they were discriminated against by the “social status called job offers counselors, etc.” (the five pages of the complaint), and arranged that they were discriminated against by the same status as “general job counselors” (3-4 pages) at the preparatory document dated February 6, 2017.
In the appellate trial, the type of employment "non-life contract counselors (general counselors)" (6 pages of preparatory documents dated February 9, 2018) is argued to be a social status.
Inasmuch as the Plaintiffs are treated disadvantageously on the ground of their social status, the fixed meal expenses, holiday leave expenses, and civil petition allowances paid to the instant public officials are not paid without reasonable grounds to the Plaintiffs, or welfare points are paid in an amount significantly smaller than that of the instant public officials.
C. This is a tort that constitutes discriminatory treatment based on social status prohibited under Article 6 of the Labor Standards Act. As such, the Defendant is obligated to pay to the Plaintiffs each money as indicated in the “request amount sheet by Plaintiff” in attached Form 2 as compensation for damages or wages from May 1, 2015 to December 31, 2016.
3. Determination
A. In principle, the law has the same binding force against many and unspecified persons, in principle, whether a job counselor (general) is a “social status.”