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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
An intervenor in the process of the decision on reexamination was established on December 28, 201 pursuant to the Act on the Establishment and Operation of National University B University, a National University (hereinafter referred to as the “BG”) and was established on December 28, 201 and engaged in fostering human resources for the purpose of contributing to the development of the State and contributing to human prosperity by using approximately 2,800 full-time workers, and contributing to the prosperity of human beings. The Plaintiff is a person who entered the B University Art Gallery, an affiliated facility of the Intervenor and served as an office assistant.
On February 6, 2015, the Plaintiff asserted that the Intervenor’s unfavorable treatment against the Intervenor’s employees compared to the Intervenor’s employees constitutes discriminatory treatment prohibited under Article 8 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “Period-Time Workers Act”), and filed an application for correction thereof with the Seoul Regional Labor Relations Commission. The purport of the application was to change the purport of the application to “The Intervenor’s payment of the basic pay to the Plaintiff as unfavorable compared to the employees of the corporation that the Intervenor performs the accounting affairs from December 1, 2013 to April 6, 2015, and the payment of the basic pay, good-time allowance, performance bonus, performance bonus, fixed-term meal expenses, holiday leave expenses, and customized welfare expenses is discriminatory treatment.” The Intervenor changed the purport of the application to the Plaintiff’s payment of monetary compensation of KRW 21,026,272 in total.”
On April 6, 2015, Seoul Regional Labor Relations Commission dismissed the Plaintiff’s application on the ground that there is no comparable worker who performs the same or similar work.
On April 30, 2015, the Plaintiff filed an application for reexamination with the National Labor Relations Commission on April 30, 2015, and the same year.
6. 24. 24. A and D, which submitted a written reasons for review, were selected as a comparable worker at the headquarters of B University.
On July 14, 2015, the National Labor Relations Commission provides fixed meal costs among the above initial inquiry tribunal on the ground that the comparable workers designated by the Plaintiff are those engaged in the same or similar work as the Plaintiff.