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(영문) 춘천지방법원원주지원 2017.09.06 2016가단34785
임금
Text

1. The defendant,

A. As to Plaintiff A’s KRW 2,600,00 and KRW 2,275,00 among them, the amount of KRW 2,275,00 shall be from September 1, 2016 to KRW 325,00.

Reasons

1. Basic facts

A. The Defendant is an association established under the Agricultural Cooperatives Act for the purpose of enhancing the economic, social, and cultural status of its members by providing necessary skills, funds, materials, and information, and expanding the agricultural products market produced by the members and promoting the activation of distribution as well as the extension of the agricultural products market produced by the members. The Plaintiffs are employees of an indefinite contract worker who has been employed in the Defendant Association for more than two years.

(Provided, That on August 31, 2016, Plaintiff A retired from the Defendant Cooperative. (B)

On December 26, 2015, the board of directors decided to exclude contractual workers (including inorganic contract workers) from the payment of the above-mentioned food expenses and the allowance for work activities. On December 26, 2015, the provision on union benefits was amended (from January 1, 2016).

C. Accordingly, from January 2016 to August 2016, Plaintiff A did not receive KRW 2,600,000 (=325,000 x 8 months) in total, among the mid-term food expenses and business activity support expenses for August 2016, and the remaining Plaintiffs did not receive KRW 5,20,000,00 in total, for 16 months from January 2016 to April 2017 (=325,000 x 16 months).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 44, Eul evidence 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion that the defendant did not pay the work activity subsidy and food expenses originally paid only to the plaintiffs who are contractual employees in relation to regular employees constitutes a discrimination against working conditions on the ground of social status under Article 6 of the Labor Standards Act.

Therefore, the defendant is obligated to pay the business activity subsidy and food expenses that are not paid to the plaintiffs.

B. The defendant's assertion is that expenses for food and work support are paid to the contract-based employees.

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