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(영문) 대전지방법원 2017.01.11 2016구합103087
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 each kindergarten listed in the annexed Form 2 “place of work” in the annexed Table 2 attached hereto (hereinafter “instant kindergarten”).

From March 1, 2012 to April 20, 2015, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) and the Intervenor A, C, D, E, F, and G (hereinafter referred to as “applicants for Review”) were appointed as fixed-term teachers employed for part-time work in accordance with Article 32(1)5 of the Public Educational Officials Act and Article 13(2) of the Decree on the Appointment of Education, to take charge of after-school programs under Article 2 subparag. 6 and Article 13(1) of the Early Childhood Education Act (hereinafter referred to as “after-school programs”) from March 1, 2012 to April 20, 2015.

(The detailed date and place of employment of applicants for reexamination shall be as shown in the corresponding column of attached Form 2). (b)

During the period from September 22, 2015 to October 7, 2015, the applicant for reexamination filed a request for correction of discriminatory treatment against the Plaintiff, asserting that “The Plaintiff’s salary class was overly demarcated against the applicant for reexamination in comparison with a regular teacher in charge of the regular curriculum of the instant kindergarten (hereinafter referred to as “regular teacher”), and that it constitutes discriminatory treatment that payment of good attendance allowance, good attendance allowance, additional dues, performance bonus, compensation for annual leave, overtime work allowance, and customized welfare expenses was not made.”

(hereinafter referred to as “instant application for correction”). On January 29, 2016, the former Regional Labor Relations Commission: (a) among the applicants for review of the instant application for correction, the part concerning the determination of the amount of salary and the payment of wages in accordance with the determination of the amount of salary under consideration for the applicant for review; (b) the part concerning the payment of fixed allowances to the applicant for review, based on the experience of the remaining persons except for E, Intervenor H, and Intervenor I (the third party retired before January 29, 2016 and did not have any remedy interest to seek the correction of the amount of salary under consideration).

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