Section 2: Individual Labor Relations
Chapter 1: Basic Principles of Employment Relation
2. Equal Treatment and Prohibition of Discrimination
2.3 Grounds for Prohibition of Discrimination Based on Type of Employment and Principle of Equal Treatment
| Supreme Court Decision June 24, 2004, 2002du2857 | |||||
| * Plaintiff/Appellant: Seoul Metropolitan Subway Corporation
* Defendant/Appellee: Chairman of the Central Labor Relations Commission * Defendant's Co-Participants: Kim ○○ et al. (59 people) 1. Facts Article 13-2, Paragraph 3 of the employment regulations of the plaintiff, Seoul Metropolitan Subway Corporation, stipulates that only shift workers and rotating workers, excluding regular workers, will have the days off during their absence counted as days of absence if they continue to be absent. 2. Court Judgment Article 5 of the Labor Standards Act prohibits discriminatory treatment based on gender, nationality, religion, or social status. Differentiating working conditions based on job type or nature of work does not violate this provision. According to the records, due to the nature of operations requiring the subway to run continuously throughout the year, it is unavoidable for the plaintiff to differentiate employees' working conditions into regular, shift, and rotating work. Accordingly, strict attendance management is required for shift and rotating workers, and only the next day after a shift is designated as a day off. Given these circumstances, it appears reasonable to apply Article 13-2, Paragraph 3 of the employment regulations only to shift and rotating workers. Therefore, it is difficult to conclude that this application violates the equal treatment provision of Article 5 of the Labor Standards Act. |
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| Download : 대법 2002두 2857.pdf | |||||
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