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(영문) 서울고등법원 2017.11.24 2016나2070186

임금

Text

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.

Reasons

1. The grounds for this part of the facts of recognition are as stated in Paragraph 1 (2) of the reasoning of the judgment of the court of first instance (12 at the bottom of the 2nd 7nd 6nd ). Thus, they are cited by the main text of Article 420 of the Civil Procedure

2. The Plaintiffs’ comparative groups, such as the Plaintiffs’ assertion (1) office members, are full-time counselors among vocational counselors (hereinafter “full-time counselors”).

(2) Even though the plaintiffs are in charge of the same or similar work as the job counselor (full-time), the defendant did not pay bonuses, family allowances, welfare points, etc. to the plaintiffs to the job counselor (full-time), without reasonable grounds, on the grounds of social status of the worker, etc.

(3) Since this constitutes a discriminatory treatment based on the social status prohibited under Article 6 of the Labor Standards Act, the Defendant is obligated to pay to the Plaintiffs each sum of bonuses (in December 2013, bonuses until December 2013), family allowances, welfare points, etc., together with the amount of wages, conjunctive tort or unjust enrichment.

3. Determination

A. (1) Article 6 (Equal Treatment) of the Labor Standards Act provides that “an employer shall not discriminate against workers on the grounds of gender, and shall not discriminate against workers on the grounds of nationality, religion, or social status.”

Here, social status refers to a position that occupies for a long time in society, which entails a certain social evaluation.

(see Constitutional Court Order 93Hun-Ba43 delivered on February 23, 1995). Social status includes congenital status as well as congenital status that can not be avoided by his own will. Thus, in the future, employee accounts for a considerable period of time and is an individual's will.