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(영문) 인천지방법원 2017.01.26 2016가합56911
정년확인의 소
Text

Of the instant lawsuits, the part requesting the correction of the personnel record book shall be dismissed.

The plaintiff between the plaintiff and the defendant.

Reasons

1. Basic facts

A. On March 1979, the Plaintiff was appointed as a teacher of the Sungnam Staff Training Institute and served as a teacher of the Sungnam Staff Training Institute. The Sungnam Staff Training Institute is a person who currently serves as a professor of the Korea Pool Ⅳ University, Cheongju Campus D and currently operated by the Defendant as the Defendant was promoted and integrated into the above polytechnic college.

B. At the time of appointment of the Plaintiff, the date of birth on the family register was registered as E, and the Defendant, based on this, has managed the personnel management of the Plaintiff.

C. On January 5, 2015, the Plaintiff filed an application with the Daejeon Family Court for correction of the registry by asserting that its actual date of birth is F, and on January 5, 2015, the said court decided to permit the correction of the date of birth on the Plaintiff’s family relations register from “E” to “F.”

Accordingly, the date of birth on the Plaintiff’s family relations register was changed to F, and the Plaintiff’s resident registration number was changed to C.

On January 23, 2015, the Plaintiff requested the Defendant to correct the resident registration number and the scheduled date of retirement under the Plaintiff’s personnel record according to the changed date of birth as above.

On July 13, 2015, the Defendant sent a reply to the Plaintiff stating that “The Plaintiff and the Defendant agreed with the implied intention to calculate the retirement age on the basis of the date of birth recorded on the personnel record card, etc. recorded by the Plaintiff at the time of appointment, and thus, the retirement age is determined as the date of birth at the time of appointment and the correction of the date of birth is not acceptable.”

E. According to the relevant legal provisions, the Plaintiff’s retirement age is 65 years, and the Defendant’s enforcement rules related to the instant case are as follows.

▣ 인사규정 시행세칙(2014. 10. 23. 개정된 것) 제13조(신규임용예정자의 제출서류) 신규임용예정자는 다음 각 호의 서류를 제출하여야 한다.

Provided, That some documents may be omitted or submitted later according to the screening method.

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