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(영문) 대전지방법원 2017.01.11 2016구합104448
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 a kindergarten annexed to B elementary schools (hereinafter “instant kindergarten”) under its jurisdiction.

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 instant kindergarten, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was appointed as a fixed-term teacher for six hours a day from June 1, 2012 to February 28, 2013 pursuant to Article 32 (1) 5 of the Public Educational Officials Act and Article 13 (2) of the Decree on the Appointment of Educational Officials.

(However, from March 1, 2013, the Plaintiff and the Intervenor decided to work for 8 hours a day during the vacation period (from February 27, 2013 to February 28, 2014), which extended the employment period until February 27, 2014, until February 28, 2015, until February 28, 2015, and February 27, 2015 until February 29, 2016.

B. On March 3, 2016, the Intervenor filed a request for correction of discriminatory treatment with the Plaintiff on the ground that “The Plaintiff’s salary class based on the career experience was insufficiently defined compared to regular teachers in charge of the instant kindergarten curriculum against the Intervenor (hereinafter “regular teachers”), and that it constitutes discriminatory treatment where the Plaintiff did not pay regular allowances, regular allowances, additional allowances, performance bonus, annual compensation, overtime allowances, and customized welfare expenses.”

(hereinafter “instant application for correction”). On April 28, 2016, Jeonnam Regional Labor Relations Commission rendered a decision dismissing or dismissing the remainder of the instant application for correction on the ground that: (a) the lower salary grade based on the career in the instant application for correction was under-defined; and (b) the failure to pay part of the good attendance allowances and additional allowances for good attendance allowances constitutes discriminatory treatment.

[B] Jeonnam 2016 Discrimination3, 4 (Joint) and hereinafter referred to as "First Inquiry Tribunal").

On May 27, 2016, the plaintiff is cited in the first inquiry court.

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