1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant is an incorporated association established pursuant to the Korea Scientists and Engineers Mutual Aid Association Act, and the plaintiff is a class 1 worker who has worked in the Taeduk Welfare Center affiliated with the defendant (hereinafter referred to as the "workplace of this case").

Article 32 (Retirement Age) Article 32 (Retirement Age) (1) of the former Personnel Regulations (amended by November 25, 2016) of the Personnel Regulations of the Republic of Korea (the retirement age for regular employees) are as follows:

1. Grade II or higher: 61 years of age;

2. Grade III or lower: The retirement age of employees under Article 32 (Retirement Age) (1) shall be 60 years of age;

On November 25, 2016, the Defendant enacted the personnel regulations by dividing the retirement age of employees by class. However, on November 25, 2016, the personnel regulations were amended as follows.

(hereinafter referred to as the “former Personnel Regulations” before the amendment on November 25, 2016, and the personnel regulations after the amendment are referred to as the “Personnel Regulations of this case”). At the time of the amendment of the Personnel Regulations of this case, there were 50 regular and indefinite contract workers and 34 fixed-term workers in the instant workplace.

When revising personnel regulations, the Defendant obtained the consent of the trade union of the instant workplace in which 36 full-time workers and inorganic workers have joined (hereinafter “this case’s Trade Union”).

On the ground that the Plaintiff reached the age of 60 on December 31, 2016, the Plaintiff was naturally dismissed pursuant to Article 33 of the Personnel Regulations.

(hereinafter referred to as “instant dismissal disposition”). 【The ground for recognition” is that there is no dispute, Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 3, 6, and 7 (including each number; hereinafter the same shall apply), and it is unfavorable for workers to reduce the retirement age of the plaintiff’s workers claiming the whole purport of the pleadings, and thus they should obtain the consent of workers’ group. According to Articles 9 and 13 of the Guidelines for Operation of Contract Personnel (Evidence No. 5) of the instant workplace, fixed-term workers may be converted to regular or indefinite contract workers at any time, and thus, fixed-term workers are expected to be subject to the personnel regulations of the instant case.