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(영문) 대구지방법원 2017.05.25 2016가합207588
손해배상(기)
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

Defendant Dae-gu Seoul Metropolitan City (hereinafter referred to as “Defendant Seo-gu”), and Defendant Daegu Housing Management Co., Ltd. (hereinafter referred to as “Defendant Daegu Housing Management”) concluded each contract on behalf of the Defendant Daegu Metropolitan City (hereinafter referred to as “Defendant Seo-gu”) for the collection, transportation, etc. of domestic wastes from 2012 to 2016 (hereinafter referred to as “each contract of this case”), and performed duties such as collection, transportation, etc. of domestic wastes for the said period under each contract.

During the above period, Plaintiffs 1 through 15 listed in the Plaintiff’s List are those who worked as drivers and U.S. dollars in the Defendant Gwangju Industries, and Plaintiff 16 through 32 listed in the same List are those who worked as respective drivers and U.S. dollars in the Defendant Daegu Housing Management.

In order to improve the working conditions of simple labor service workers, such as cleaning and security, the Ministry of Strategy and Finance, the Ministry of Government Administration and Home Affairs, and the Ministry of Employment and Labor jointly established and implemented guidelines for the protection of the working conditions of service workers (hereinafter “instant protection guidelines”) in accordance with the measures to improve the employment conditions of non-regular workers in the public sector as announced on November 28, 201. When concluding a contract, the unit price of wages shall be at least the amount calculated by multiplying the wage applied at the time of calculating the estimated price by the successful bid rate in calculating the estimated price, by the method of calculating the estimated price, submission of certificates related to the protection of the working conditions of outsourcing workers, and the possible termination and cancellation of the contract when the content of submission is not fulfilled, at the time of calculating the estimated price.

“The submission of a written undertaking related to the protection of working conditions, including the contents of the examination service contract,” etc. “The protection of working conditions (which may be terminated upon the violation of the matters related to the protection of working conditions for outsourcing workers submitted at the time of the examination of qualifications and restrictions on qualifications

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