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(영문) 서울중앙지방법원 2017.07.18 2016가합524062
정년확인 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is an incorporated association established with the purpose of gathering and coordinating the opinions of members and carrying out various projects necessary for the promotion of trade.

B. The Plaintiffs are those born between H and I of the same year as indicated in the attached Table “date of birth” and the Defendant.

In accordance with the Defendant’s personnel management guidelines, the “retirement Date” column in the attached Table was retired on each relevant day.

Plaintiff

D and F did not retire at the time of the instant lawsuit, but the retirement age has arrived during the instant lawsuit.

Article 47 (Retirement Age) (1) The retirement age of employees shall be 58 years of age.

(2) The retirement day of an employee who reaches the retirement age shall be the first day of the following month of the month in which he/she reaches the retirement age.

(3) A person subject to retirement from office may be subject to retirement from office to make a preparations period for change of position by issuing a personnel management center at the atmosphere three months before the date of retirement

C. Meanwhile, Article 19 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion (amended by Act No. 11791, May 22, 2013; hereinafter “the Employment Act for the Aged”) was amended. The proviso of the Addenda of the Act on the Employment of the Aged (amended by Act No. 11791, May 22, 2013; hereinafter “the Addenda of the instant case”) stipulates the enforcement date of the said proviso, and the content thereof is as follows. Article 19 (Retirement Age) (1) of the Act on the Employment of the Aged provides that the employer shall set the retirement age of the workers aged above 60.

(2) Where any employer sets the retirement age of workers below 60 years of age, notwithstanding paragraph (1), the retirement age shall be deemed set at 60 years of age.

This Act shall enter into force on the date one year has elapsed since its promulgation.

Provided, That the amended provisions of Articles 19 and 19-2 (1) and (2) shall enter into force on the date specified in the following subparagraphs:

1. A business or workplace that employs not less than 300 workers on a regular basis, a public institution under Article 4 of the Act on the Management of Public Institutions, or a local public corporation under Article 49 of the Local Public Enterprises Act;

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