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(영문) 서울행정법원 2016.07.14 2015구합70836
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

The plaintiff as the party to the decision of this case was established on September 20, 199 and employs 100 full-time workers and operates urban bus transportation business. The intervenor was employed as a driver on May 28, 2008.

The collective agreement and supplementary agreements in 2014 are concluded and the contents thereof are as follows: (a) four trade unions, such as the Korean Democratic Bus Workers' Union, the Korean Automobile Workers' Union, the Incheon Regional Workers' Union of Korea (hereinafter referred to as the "Voluntary Incheon Labor Union"), the Japanese Air Transport Workers' Union, and the Korean Public Transport and Social Services' Union (hereinafter referred to as the "Korea Workers' Union"), which are joined by the intervenors; (b) the self-employed Incheon Labor Union was determined as the representative bargaining trade union of the Plaintiff's workplace on June 5

Plaintiff

On October 14, 2014, the Incheon Metropolitan City Bus Transport Business Association (hereinafter referred to as the "Incheon Business Association"), which is an employers' organization entrusted by 24 city bus transportation companies in Incheon area, concluded a collective agreement with the industrial trade union on October 14, 2014. Among them, the main contents related to this case are as follows:

(hereinafter referred to as “Article 5(1) of the Addenda to the collective agreement of 2014” (hereinafter referred to as “instant Addenda”). Article 23 (Retirement Age and Wage Reduction System) (1) The retirement age of employees shall be the last day of the month in which the date of birth falls in the year in which the employee reaches sixty years of age.

(2) A company may, when it intends to re-employment on commission post members who reach the retirement age in order to prepare for an aging age and secure stable employment, re-employment in consultation with a trade union organized by a majority of workers.

Provided, That the contract period shall not be less than one year.

(3) A re-employment wage peak system shall be implemented, and a separate wage agreement shall apply to detailed matters, such as the enforcement time and application period, and wage reduction rate.

[Supplementary Convention] Article 5 (Supplementary Convention) ① Changes in social and economic conditions, omissions in, or amendments to the Convention, etc.

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