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(영문) 서울고등법원 2020.07.17 2019나2038909

임금 청구의 소

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Party 1) The Defendant is a public institution subject to the Act on the Management of Public Institutions, and is composed of Grade 6(s), Grade 5(s), Grade 4(s), Grade 3(s), Grade 2(s), and Grade 1(s)(s)(s). The Defendant’s general staff position system is composed of Grade 6(s), Grade 4(s), Grade 2(s), and Grade 1(s)(s) in the manner of comprehensively succeeding to each of the rights and obligations after the former Korea Land and Housing Corporation and the Korea Land Corporation are dissolved and consolidated, and comprehensively succeeding to each of the rights and obligations.

In addition, those who reach the age of 56 as Grade I and II staff (age criteria) are the first day of the corresponding year; those who have passed five years after the appointment of Grade I staff members of Grade II; those who have passed ten years after the appointment of Grade II staff members of Grade II; and those who have passed 30 years after their employment as Grade I and Grade II staff members (age criteria) are the first day of the year following the year in which the relevant date falls; and the president of the defendant issued a conversion order to them as professional staff.

(Article 5. 3) The plaintiffs worked as the first class (chief, minister, office chief, etc.) and the second class (chief) staff due to their birth in 1957 through 1958, and changed the names of them to the "career service staff" around August 2015.

The term "professional staff" shall not be distinguished before and after the change of name.

(B) The Ministry of Strategy and Finance revised on May 23, 2013, as of January 30, 2015, as a professional employee as of January 30, 2015. (2) The Ministry of Strategy and Finance is a system that reduces the wage payment rate from three to five years before the retirement age, under the premise that the business owner of the wage peak system of public institutions guarantees the retirement age stipulated in the rules of employment, etc. to relieve the labor cost burden of elderly employees and employees and to create youth jobs. (b) The Ministry of Strategy and Finance has induced the introduction of the wage payment rate.