A. In the instant case where the Plaintiff applied for re-employment after retirement age pursuant to the Defendant’s collective agreement, but the Defendant rejected (hereinafter “instant refusal to re-employment”), the Plaintiff claimed wages that were not received due to confirmation of invalidity of the refusal to re-employment and invalid refusal to re-employment.

The first instance judgment confirmed the invalidity of the rejection of the re-employment in this case and accepted part of the wages requested by the plaintiff, considering that the right of legitimate expectation for re-employment is recognized to the plaintiff and there is no reasonable ground for the rejection.

B. On the first instance judgment, only the Defendant appealed.

The defendant's grounds for appeal are mainly that the rejection of the re-employment in this case is not invalid due to reasonable grounds, and that there is no obligation to pay wages to the plaintiff accordingly.

C. This Court has accepted the defendant's appeal.

Therefore, the judgment of the first instance court is reversed as follows.

2. Basic facts

A. The Defendant is a city bus company that employs more than 300 city bus drivers in C and carries on passenger transport business, etc.

B. On June 25, 2015, the former collective agreement was concluded on June 25, 2015, Article 28(1) of the collective agreement between the 61 bus companies in the area C, including the Defendant, and the EMF trade union, a representative bargaining trade union, was amended as follows.

Article 28 (Retirement Age) (1) of the collective agreement in 2013 of the collective agreement in 2015 shall be the last day of the month in which the day on which he/she reaches 60 years of age falls.

Provided, That in cases of a place of business with retirement age higher than this provision, such provision shall apply.

(2) Employees who reach retirement age in order to prepare for the aging age and secure stable employment may be re-employed through a labor-management council.

The re-employment shall be made by one year after the age limit of 60 from January 1, 2014 through the qualification examination of the Labor-Management Council, but in principle, by the age of 65 years.

except that.