2. The costs of appeal shall be borne by the Defendant.

On January 21, 2016, the defendant revoked a site wage decision for the wage peak system granted to the plaintiff on January 21, 2016.

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

The reasons for the judgment of the court of first instance are "no. 3, 17." Then, "A plaintiff continued to work without the interruption of labor relations by entering into each labor contract without a blank space before and after the retirement age reaches the retirement age, and therefore constitutes "a person employed by the business owner for at least 18 months" and "a person who continues to work for at least 18 months". The defendant's decision on the defendant's additional argument is identical to the reasons for the judgment of the court of first instance, except for the addition under Paragraph 2 below. Thus, this is cited in accordance with Article 8 (2) of the

2. The defendant's argument about the defendant's additional argument

The Korea Deposit Insurance Corporation provides that the remuneration shall be differentiated by work experience under the Rules of Employment, which is a business assistant to the bankrupt foundation, and even if the person is over the age of 58, the wage shall not be reduced by the age. As such, it cannot be said that the wage of all workers who are over 58 years of age is reduced by the extension of the retirement age. The Korea Deposit Insurance Corporation to which the above rules of employment applies, with the consent of the workers’ representative, does not constitute “the case where the employer extends the retirement age to 60 years of age or older, or implements a system that reduces the wage based on the age of 55 years after the age of 55, or the period of continuous employment or the amount of wage.”

B. Determination

On March 13, 2015, the Korea Deposit Insurance Corporation revised the "Rules of Employment, which is an assistant to the bankrupt foundation's business." Article 15 (2) of the Act provides that the retirement age of assistant shall be extended from 58 to 60 years, and Article 37 (1) and (2) of the Act provides that the amount of remuneration of assistant to the bankrupt foundation's business shall be determined by work experience by the trustee in bankruptcy, and that the monthly remuneration limit shall be 2.5 million won for assistant who has over 58 years of age. Even if a worker is over 58 years of age as a result of work experience differential payment of remuneration, if it is short of work experience, the wage reduction shall not be made on the basis of a certain age. However, even if all workers who have over 58 years of age are not a wage reduction system, the above revised Rules of Employment shall not be applied to the above assistant's wage reduction limit as the basis of the above revised Rules of Employment.

3. Conclusion

Since the judgment of the first instance is justifiable, the defendant's appeal is dismissed as it is groundless.

Judges Kim Jae-sik

Judges Nam-yang