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(영문) 서울남부지방법원 2018.06.22 2016가단260862
퇴직금 지급 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant was entrusted by the Korea Electric Power Corporation with the inspection of electric measuring instruments, the delivery of bills, etc. related to charges, and the distribution and resupply of electricity charges customers.

B. The Plaintiffs are commissioned by the Defendant and the Defendant to the Korea Electric Power Corporation at the time of each date indicated in the attached Form 2 bonus calculation column.

The term "the date of retirement" in the calculation of the bonus was terminated by the termination of the delegation contract of this case when concluding the delegation contract which is partially re-entrusted (hereinafter "the delegation contract of this case") and performing the duties subsequent thereto.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs are workers under the Labor Standards Act, since they provided labor to the Defendant in subordinate relationship.

In addition, since the delegation period of this case is set, the Plaintiffs constitute fixed-term workers under Article 2 subparagraph 1 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “fixed-Term Workers Act”).

However, according to Article 8 (1) of the Fixed-term Workers Act, an employer shall not give discriminatory treatment to workers who signed an employment contract with no fixed period of time engaged in the same or similar work at the workplace on the ground that they are fixed-term workers, but the defendant does not pay bonuses to the plaintiffs who are fixed-term workers, unlike those with fixed-term workers, which constitutes discriminatory treatment without reasonable grounds.

On the other hand, Article 12 subparagraph 5 of the defendant's remuneration regulation provides that bonus shall be paid to employees who have worked for not less than three months, and 300% of the base wage shall be divided into March, June, September and December.

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