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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The parties’ relationship 1) The Defendant is an incorporated association established for the purpose of gathering and coordinating the opinions of its members and of carrying out various projects necessary for the promotion of trade. 2) The Plaintiff was issued a personnel order ordering retirement as of January 1, 2016, when both Plaintiff A and Plaintiff C were working as E students, Plaintiff BF students, Plaintiff C G students, Plaintiff D as H students, and Defendant’s employee as of December 16, 2016.
B. Articles 19 and 19 (Retirement Age) (1) of the “Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion (amended by Act No. 11791, May 22, 2013; hereinafter “Act on Employment of the Aged”) that requires the Defendant to set the retirement age of the revised workers at least 60 years of age.”
(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 one year after the date of 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, a local public corporation under Article 49 of the Local Public Enterprises Act and a local industrial complex under Article 76 of the same Act: January 1, 2016;
2. A business or workplace that employs less than 300 full-time workers, the State, or a local government: The defendant revised the guidelines for personnel management to extend the retirement age of 58 years of age to 60 years of age from January 1, 2017 on September 27, 2016, with the content that the retirement age regulations based on the date of January 1, 2017 are implemented in a workplace that employs less than 300 full-time workers.
Among the revised Guidelines for Personnel Management, the contents related to this case are as follows:
If an employee under Article 45 (Dismissal) of the Guidelines for Personnel Management falls under any of the following subparagraphs, the Chairperson shall dismiss him/her: