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(영문) 서울남부지방법원 2019.02.01 2017가합114284
손해배상(기)
Text

1. The Defendant stated the Plaintiffs’ “amount of money” in the “amount of money cited in the attached sheet No. 5 and each of them on January 2018.

Reasons

1. Basic facts

A. The relationship 1) The Defendant is a corporation established on April 1, 1984 and engaged in the inspection, research, etc. of power generation facilities using 5,100 full-time workers, which is a corporation that conducts the inspection, research, etc., of power generation facilities from October 1, 208 to September 30, 2013, and “D maintenance services contract” (hereinafter “the instant service contract”).

(2) After establishing E branch, the Plaintiffs were employed by F Co., Ltd. and F Co., Ltd., which entered into a “D Maintenance and Management Services Contract” with C branch, and worked for C Corporation from July 1, 2003 to September 30, 2008. The Defendant succeeded to employment from F Co., Ltd. and G from October 1, 2008 to September 30, 2013, or newly employed the Plaintiffs as “project contract workers” (hereinafter “fixed-term workers”), and renewed the employment contract at E branch from October 1, 2008 to September 30, 2013.

The labor contract relationship between the plaintiffs and the defendant was terminated on September 30, 2013, along with the instant service contract.

B. 1) The Defendant’s fixed-term workers did not pay the Defendant’s management performance pay, technical allowances, working environment allowances, work allowances, and special work allowances to full-time workers. The Defendant’s fixed-term workers’ payment of basic pay and welfare points considerably less to the fixed-term workers is governed by the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “fixed-term Act”).

(2) On November 21, 2013, the Incheon Regional Labor Relations Commission dismissed the application for correction of discrimination on the ground that the Defendant’s regular employees selected by the fixed-term workers cannot be regarded as the comparable workers, claiming that it is a discriminatory treatment prohibited under Article 8 and filed an application for correction of discrimination with the Incheon Regional Labor Relations Commission.

The fixed-term workers shall be dissatisfied with the above initial inquiry court.

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