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(영문) 대전지방법원 2017.01.11 2016구합103773
차별시정 재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a local government that operates the Annex C Elementary Schools, Annex D Elementary Schools, Annex D Elementary Schools, and Annex D Elementary Schools (hereinafter referred to as “instant kindergarten”).

In order to take charge of after-school programs referred to in subparagraph 6 of Article 2 and Article 13 (1) of the Early Childhood Education Act in the kindergarten of this case, Article 32 (1) 5 of the Educational Officials Act, Article 13 (2) of the Decree on the Appointment of Educational Officials, and Article 13 (2) of the Decree on the Appointment of Educational Officials, Defendant Intervenor’s Intervenor (hereinafter “ Intervenor”) was appointed from March 1, 2012 as an annex kindergarten for D elementary schools among the kindergarten of this case, and B from September 1, 2012 to a fixed-term teacher working for 6 hours a day at C Elementary School Annex

(However, the initial period of appointment between the intervenor and B was 1 year, but the period of employment between the plaintiff, the intervenor, and the B was 3 times more extended by 3 years.

B. On December 8, 2015, the Intervenor and B filed a request for correction of discriminatory treatment with the Plaintiff on the ground that “In relation to the Intervenor and B, the Plaintiff did not join the public official pension with respect to the Intervenor and B, unlike regular teachers in charge of the regular curriculum of the instant kindergarten (hereinafter referred to as “regular teachers”), and determined the amount of salary based on career compared with the regular teachers, the Intervenor and B filed a request for correction of discriminatory treatment by asserting that it constitutes discriminatory treatment, claiming that the payment of fixed-time attendance allowances, fixed-time attendance allowances, additional dues, performance bonuses, annual compensation expenses, overtime allowances, and customized welfare expenses is not made.”

(hereinafter “instant application for correction”). On February 4, 2016, the Jeonnam Regional Labor Relations Commission rendered a judgment dismissing or dismissing the remainder of the application for correction, citing the deficient determination of salary grade based on the career experience of the Intervenor and B in the instant application for correction, the payment of wages, the unpaid part of the fixed-time allowance, and the unpaid part of the unpaid part of the fixed-time allowance and additional payment of the fixed-time allowance to B.

Jeonnam 2015 10, hereinafter referred to as "discrimination".

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