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(영문) 의정부지방법원고양지원 2015.05.08 2014가단17469
임금
Text

1. The Defendant’s KRW 32,679,240 for the Plaintiff and KRW 5% per annum from May 27, 2014 to May 8, 2015.

Reasons

1. Basic facts

A. On July 9, 2007, the Plaintiff was employed as the Defendant’s contractual workers (non-regular workers) and thereafter was transferred to the full-time employees (regular workers) on July 9, 2009 and worked as the head of the insurance business group.

B. On August 20, 2013, the Plaintiff filed a petition with the National Human Rights Commission on the ground that the failure to pay children’s school expenses, welfare pension, meal expenses, and work activity support expenses to the employees in general service and technical service constitutes discriminatory acts in employment with no reasonable grounds. On October 22, 2013, the Plaintiff did not pay the children’s school expenses and work activity support expenses despite the relevant provision on the grounds that the children’s school expenses and welfare pension did not have any reasonable grounds for payment (hereinafter “instant decision”). On the ground that the children’s school expenses and welfare pension are discrimination against the employees in general service, Article 69 of the Regulations on the Management of the Office Employees to pay children’s school expenses and work activity support expenses, and Article 69 of the Regulations on the Management of the Office Employees to pay children’s school expenses and welfare pension shall be paid corresponding to the employees in general service, but the welfare pension and children’s school expenses shall be excluded.” (hereinafter “instant decision”).

C. On December 1, 2013, according to the instant decision, the Defendant paid mid-term food expenses (200,000 won per month) and business activity support expenses (100,000 won per month) to the employees, including the Plaintiff (the Plaintiff was paid KRW 15,60,000 per month). The Defendant revised Article 69 of the Regulations on the Management of Office Employees to ensure that children’s school expenses and welfare pension should be paid to employees, and did not apply retroactively.

Meanwhile, since 2011, the Plaintiff spent 32,679,240 won (=university 31,364,000 high school) as children’s school expenses (= KRW 1,315,240).

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, 5, Eul 1 through 12, the purport of the whole pleadings

2. Determination

(a) the summary of the Party’s assertion 1.

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