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(영문) 서울북부지방법원 2019.08.29 2019가합269

정년퇴직조치 무효확인 및 손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a school foundation that establishes and operates the Lifelong Education Institute at C University and the C University’s affiliated educational institutions (hereinafter “instant Lifelong Education Institute”).

The plaintiff is a person who was born on February 10, 1959, and was employed as a principal professor of the Lifelong Education Center in the unit of one year from August 1, 2006 to February 28, 2019.

B. On December 6, 2017, the Defendant amended the “Rules on the Personnel Management of Instructors and Employees belonging to the Lifelong Education Center” to the “Rules on the Personnel Management of Teachers and Employees of the Lifelong Education Center,” and in the process, Article 13-2 of the Act was newly established to the effect that “the retirement age of instructors and contract employees of the Education Center shall be 60 years of age

(hereinafter “instant retirement regulations”). C.

On December 31, 2018, the president of C University notified the Plaintiff of his retirement age as of February 28, 2019 on the ground that the retirement age was 60 years of age, and treated the Plaintiff as retirement age on February 28, 2019.

(hereinafter “instant retirement”) D.

The details of the defendant's articles of incorporation, the defendant's personnel management regulations, and the employment regulations of the defendant teachers are as follows.

Article 43 (Appointment) (2) Teachers of a college educational institution other than the head of a school shall be appointed by the chief director after deliberation by the teachers' personnel committee at the proposal of the principal.

Article 43-3 (Retirement Age) (1) The retirement age of teachers shall be determined as follows:

1. The retirement age of teachers and staff of universities. (3) The retirement age of teachers and staff other than teachers shall be prescribed separately by rule;

1) Article 1 (Purpose) (2) of the Regulations on the Personnel Management of Defendant Teachers’ Personnel, the purpose of which is to set the standards for the application of the Personnel Management of Cuniversity Teachers in accordance with the Defendant’s Articles of Incorporation

Article 32 (Retirement Age) (1) The retirement age of teachers shall be 65.

Article 14 (Retirement Age of School Personnel) The retirement age by occupation for school personnel shall be determined as follows:

1. Universities: 65 years of age, kindergartens, middle and high schools: 62 years of age;

2. Clerks: They shall be those other than teachers and staff under Article 16 (Mandatory Retirement of Staff Other Than Teachers).