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【Main Issues and Holdings】
[1] Where there is a decision on the commencement of rehabilitation procedures against the employer, whether the temporary agency worker’s right to request direct employment having arisen before the issuance of a decision on the commencement of rehabilitation procedures is extinguished (affirmative), and whether the temporary agency worker may exercise the newly established right to request direct employment beginning from the termination of the rehabilitation procedures on the employer (affirmative)
[2] Whether the employer is liable for damages for wage discrimination in a case where the employer provided lower compensation to a temporary agency worker compared to similarly situated workers without reasonable grounds by either interfering with or exerting influence on the determination of wages of temporary agency workers, even though the employer either knew or could have known that the temporary agency workers are engaged in identical or similar types of work with similarly situated workers (affirmative), and in such instance, the meaning of “where there are no reasonable grounds” and method of determining whether there are reasonable grounds
Whether this legal doctrine applies in a case involving temporary agency work or where temporary agency workers in violation of the former Act on the Protection of Temporary Agency Workers provided labor in excess of the retirement age stipulated in the collective bargaining agreement or employment rules of the employer (affirmative)
[3] Method for selecting workers in control group when determining whether there was discriminatory treatment prohibited under Article 21(1) of the former Act on the Protection of Temporary Agency Workers against temporary agency workers having reached retirement age set by the employer’s collective bargaining agreement or employment rules, and in a case where workers not having exceeded retirement age are chosen as the control group, whether the circumstance that the temporary agency worker has reached the retirement age threshold must be considered to determine whether there are reasonable grounds for disadvantageous treatment (affirmative)
[4] When determining whether there are reasonable grounds for discriminatory treatment or calculating the amount of damages for discriminatory treatment by comparing a temporary agency worker having reached retirement age with a worker not having attained the age of retirement as a control group, wage that should be used as the basis for such determination or calculation (held: appropriate wages that the employer would have paid if it employed a worker beyond retirement age), and the method for calculation thereof
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