"Did the Same Work as Regular Employees": 2,490 Former KHNP Interns Lose Lawsuit

Some 2,000 employees of Korea Hydro & Nuclear Power (KHNP) who started as hiring-linked interns have lost a lawsuit against the company, in which they claimed they failed to receive proper performance bonuses and other benefits.

The 42nd Civil Agreement Division of the Seoul Central District Court (Presiding Judge Choi Nu-rim) recently ruled against the plaintiffs in a damages lawsuit filed by 2,490 employees against KHNP.

The employees who joined the lawsuit were hired as regular workers through the hiring-linked internship program between 2012 and 2018.

KHNP operated the hiring-linked internship program during that period in accordance with the Ministry of Economy and Finance's operational plan for public institution youth internship programs.

The employees argued that while working as hiring-linked interns, they performed the same work as regular employees but received wages equivalent to about 80% of entry-level employees.

They also filed a lawsuit in November 2023, claiming they were not paid basic bonuses, management performance bonuses, and welfare points.

However, the court ruled that it was difficult to see the interns as having performed substantially the same or similar work as regular employees at the time.

The court stated, "Unlike regular employees, hiring-linked interns were fundamentally unable to use the internal business system and lacked access rights," adding, "As a result, it was practically impossible for them to perform the same tasks carried out by regular employees."

It continued, "The submitted evidence alone makes it difficult to view the plaintiffs as having engaged in the same or similar work as regular employees while working as hiring-linked interns," and explained, "Even if there was discriminatory treatment as claimed by the plaintiffs, it is difficult to conclude that the company treated them unfavorably without reasonable grounds simply because they were fixed-term workers."

The court also noted that even if some discriminatory treatment were recognized, the statutory period during which a lawsuit could be filed had already passed.

Considering that the issue of wage discrimination against former intern employees was discussed at the KHNP labor-management council, the court deemed it reasonable to conclude that the employees were aware of the discriminatory treatment by no tardier than around December 2018.

However, because the lawsuit was filed in November 2023—past the three-year statutory statute of limitations to claim wages or damages—the court ruled that the claims could not be accepted.
※ Please note: This article was translated by AI and may contain errors.