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TITLE | Supreme Court Decision 2013Da1051 Decided October 29, 2015¡¼Wage Payment, etc.¡½ [full Text] |
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Summary | |
[1] In order to constitute a ¡°discriminatory treatment¡± which is prohibited under the Labor Standards Act, whether a person alleging discrimination and a party being compared falls, in essence, under the same comparable group (affirmative) [2] Where Party A (¡°Defendant¡±) ¡ª although its Employment Rules prescribe that work experience in the public sector, etc. shall be fully recognized when setting the starting salary of full-time employees in general office positions ¡ª newly established a supplementary provision in which the starting salary of an employee who transitioned from contract-based (non-regular) to general office position (full-time) shall be calculated based on the wage amount received by non-regular workers, which in turn led Party B (¡°Plaintiff¡±), etc. to not receive the starting salary that reflected the period working as a contract-based employee upon transitioning from contract-based to general office position, the case holding that the aforementioned supplementary provision does not run counter to Article 6 (Equal Treatment) of the Labor Standards Act |
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