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1. As to the Plaintiff’s KRW 33,722,090 and KRW 10,902,850 among them, the Defendant shall start January 1, 2012, and 11,29 among them.
Reasons
1. Basic facts
A. On November 1, 1997, the Plaintiff was employed as a contracting employee in the former Information and Communications Ethics Commission (hereinafter “former Ethics Commission”) and was on duty under the application of the rules for operation of contractual service, and was transferred to a general employee (class IV) on October 1, 2007.
B. In accordance with the Act on the Establishment and Operation of Korea Communications Commission established and enforced on February 29, 2008, the Korea Communications Commission (hereinafter “Defendant Committee”) established a comprehensive review function of the former Korea Broadcasting Commission and the function of the former Ethics Committee. The former Ethics Committee’s affairs, management duties and property, and the employment relationship of employees were comprehensively taken place (hereinafter “instant comprehensive succession”).
C. On December 31, 2015, the Plaintiff was subject to the Rules of Employment in Contract Service upon his/her succession to employment as the Defendant Committee, and was retired on December 31, 2015.
【Ground for Recognition: Evidence No. 2, Evidence No. 3, Evidence No. 4, Evidence No. 6, Evidence No. 5, the purport of the whole pleadings】
2. The parties' assertion
A. On November 1, 1997, while the Plaintiff was employed as a contractual worker at the former Ethics Committee on the part of November 1, 2007, the Plaintiff was converted to a non-contractual worker as of October 1, 2007, i.e., a regular-time 4th class. Accordingly, the Defendant Committee, in comprehensive succession to the employment relationship of the former Ethics Committee, guaranteed the Plaintiff’s working conditions corresponding to the full-time employee, not the contractual worker, and paid the Plaintiff wages by applying the rules of employment of the contractual worker.
Therefore, it is argued that the extinctive prescription has yet to expire from February 26, 201 to December 31, 2013 that the payment of the wage underpaid amount of KRW 45,970,000 is sought.
B. As to this, the Defendant Committee did not set the period from the contractual workers with a fixed period of time through the conversion from the former Ethics Committee on October 1, 2007.