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(영문) 대법원 2015.01.29 2012다32690

임금

Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. The lower court, based on its adopted evidence, concluded a collective agreement with the labor union on November 28, 2008 to extend the retirement age of the employees of Grade III or lower to 58 years, and held a board of directors to amend the existing personnel regulations that conflict with this, and recognized the fact that the amendment was rejected by the board of directors, and acknowledged the fact that the amendment was rejected by the board of directors. In light of the relevant provisions of the Korea Manpower Agency Act (hereinafter “Corporation Act”) and the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”), the lower court rejected the Defendant’s assertion that the collective agreement is effective only with the approval of the Minister of Labor, who is the competent minister of the board of directors, in cases where the contents of the collective agreement are related to the remuneration and personnel affairs of employees, and determined

Articles 5(1)7, 11, and 5(2) of the former Act (amended by Act No. 9320, Dec. 31, 2008; hereinafter the same shall apply) providing that matters concerning executives and employees, and matters concerning the establishment, amendment, and repeal of internal regulations shall not be deemed the regulations restricting the effects of a collective agreement unless the extension of retirement age does not result in the modification of the articles of incorporation.

B. Article 18 of the former Corporation Act, which provides that a business plan and budget bill of each business year shall be prepared and approved by the Minister of Labor, is only an administrative procedure relating to the compilation and confirmation of the budget, and it is apparent that there is no provision that the Minister of Labor shall obtain approval from the Minister of Labor to the individual and specific matters subject to budget compilation. Thus, it cannot

C. The former Act on the Management of Public Institutions (amended by Act No. 9277 of Dec. 31, 2008), which stipulates matters concerning executives and employees as essential matters in the articles of incorporation and requires the competent Minister to obtain approval when amending the articles of incorporation.