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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
1. Case summary and key issue
A. The reasoning of the lower judgment reveals the following circumstances.
(1) Plaintiff A has worked for the Seoul Regional Employment and Labor Office from March 28, 2011 to January 28, 2018; Plaintiff B, from March 29, 2010 to January 22, 2018, as “short-time work counselor” for 25 hours a week at the Seoul Regional Employment and Labor Office.
(2) On January 29, 2018, Plaintiff A was appointed as a part-time public official (C) employed by the Seoul Regional Employment and Labor Office, and Plaintiff B was appointed as a part-time public official (D) employed by the E branch of the Seoul Regional Employment and Labor Office on the same day.
(3) On May 11, 2018, the Defendant held a deliberative committee on the evaluation of salary grade for new public officials on flexible-time basis to define the beginning salary grade for the Plaintiffs as 4 salary grade, and did not reflect the work experience of “short-time work counselors” in the work experience before the appointment of the Plaintiffs in the determination of salary grade.
(4) On June 26, 2018, the Plaintiffs filed an application with the Defendant for re-determination of the Plaintiffs’ beginning salary class by adding up the work experience “short-time work counselors” to the Defendant.
In regard to this, the Defendant shall set forth in attached Table 8(2) [Attachment 16] of the Public Officials Remuneration Regulations, “The career conversion rate of public officials in general service.”
2.(b)
7) (hereinafter referred to as “instant provision”)
) The term “standing-time worker” as set forth in the foregoing means only the form of work as a pool of 40 hours a week every five days, and the Plaintiffs’ work experience as a part-time counselor is not a “part-time worker”, and on July 6, 2018, notified the Plaintiffs of the decision rejecting the re-Definition of salary class (hereinafter “instant disposition”).
(5) (The Plaintiffs filed a petition review on July 18, 2018, but the Ministry of Personnel Management dismissed the Plaintiffs’ claim on September 18, 2018.
B. The key issue of the instant case is the Plaintiffs’ work experience as “short-time work counselor” under the instant provision.