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(영문) 서울중앙지방법원 2014.09.05 2014가합519493
정년확인청구
Text

1. The Plaintiff’s retirement age is confirmed until December 31, 2017.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Basic Facts

On November 9, 1984, the plaintiff was employed by the defendant as a Grade 6 in technical service and served as a Grade 6 in technical service, and was promoted four times thereafter, and is currently serving as a Grade 6 in technical service.

At the time of the plaintiff's entry, the date of birth on the family register was registered as "C", and the date of birth of the plaintiff was stated in the personnel records as "C".

On November 14, 2012, the Plaintiff filed an application with the Seoul Western District Court for correction of the registry by asserting that his actual date of birth different from that of his actual date of birth was registered in the family relations register, and the said court decided to permit the correction of the date of birth on the Plaintiff’s family relations register from “C” to “D.”

Accordingly, on the 22th of the same month, the date of birth on the Plaintiff’s family relations register was “D”, and the Plaintiff’s resident registration number was corrected from “E” to “F” respectively.

Then, on November 27, 2012, the Plaintiff requested the Defendant to correct the Plaintiff’s resident registration number and the scheduled date of retirement under the Plaintiff’s personnel records in accordance with the changed date of birth as above, and the Defendant notified the Defendant that the retirement date cannot be changed on March 22, 2013.

However, the Defendant changed the resident registration number to “G” in the basic personnel information.

Article 18-2 (Adjustment and Change of Personnel Records) (1) The head of the department in charge of personnel affairs shall, when all matters concerning personnel affairs have occurred, register and manage them in the electronic computer system without delay.

(2) If any ground to correct or change, or additionally record the personnel records of an employee under his/her control arises, the head of the competent department shall prepare evidentiary documents and apply for the change of the personnel records to the head of the personnel management department.

The base date of the retirement age under Article 32 of the Regulations of Article 55 shall be December 31 of the year in which he/she attains the retirement age, and in such cases, the base date for calculating the retirement age of the employees shall be the document verifying the age of the employees who have submitted at the time of appointment.

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