beta
(영문) 대구지방법원 2020.08.20 2019가합201710

근로자지위확인

Text

1. The Plaintiff confirms that he/she is in the position of the employee of the Defendant from April 24, 2019 to April 23, 2022.

2...

Reasons

1. Basic facts

A. The parties concerned 1) Under Article 42 of the Industrial Technology Innovation Promotion Act, the Defendant is a specialized industrial technology institute established to conduct research and development projects for fostering C industry, support for informatization, training of human resources, and exhibition planning, etc. (2) On February 2, 2007, the Plaintiff (D) entered the Defendant and worked as an employee of the Defendant from February 2, 2007. From December 2, 2011, the Defendant joined the FF Trade Union under EM (hereinafter “instant Trade Union”) and joined the instant trade union’s G (Defendant branch) and worked as a member of the instant trade union.

B. According to a collective agreement between the Defendant’s labor union members and the Plaintiff’s retirement age, the retirement age of the Defendant’s labor union members, whose retirement age is changed according to the collective agreement, was set at the age of 65 in Articles 146 and 65 of the collective agreement of December 20, 2006. From that time, the retirement age was set at the age of 65 before entering into a collective agreement of October 25, 2013, but the retirement age was set at the age of 60 (the retirement date is the last date when the retirement age reaches the retirement age; hereinafter the same shall apply).

As of January 1, 2016, a collective agreement attached to the collective agreement as of January 1, 2016 and the instant trade union agreed to extend the retirement age to the age of 62. Article 45 of the collective agreement as of January 1, 2016 set the retirement age to the age of 60 from January 1, 2020. (2) The Defendant and the instant trade union agreed to enter into a collective agreement as of January 1, 2016, with the exception of the agreement attached to the collective agreement as of January 1, 2016, that “two members (A (the Plaintiff, and H) who are 62 years of age as the application of the existing collective agreement shall be amended to the age of 60 from January 1, 2020.”

3) On December 26, 2017, the Defendant and the instant trade union agreed to extend the validity of the collective agreement as of January 1, 2016 through the agreement on December 26, 2017 (it shall be from January 1, 2018 to December 31, 2019).

C. As to the introduction of the Defendant’s wage peak system on December 23, 2016, the background leading up to the preparation of the wage peak system agreement as of December 23, 2016 and the labor union are related to the introduction of the Defendant’s wage peak system.