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(영문) 서울중앙지방법원 2018.06.28 2016가합6458
정년확인
Text

1. The defendant stated in the separate sheet 2 cited amount sheet to the plaintiffs as stated in the same sheet, each of the relevant money and each of them stated in the same sheet.

Reasons

1. Basic facts

A. Seoul metro is a local government-invested public corporation that is established in accordance with the Ordinance on the Establishment and Operation of the Local Public Enterprises Act and the Seoul metro and operates subway 1 to 4.

B. The plaintiffs, as Seoul Matro's living staff in 1956, are those who were born between July 1, 1956 and December 31, 1956, respectively, between the plaintiffs listed in attached Form 2 (hereinafter "the plaintiffs") in attached Form 3 (hereinafter "the plaintiffs"). The plaintiffs, other than the above plaintiffs, are those who were born between January 1, 1956 and June 30, 1956.

C. The main text of Article 32(1) of the Personnel Regulations of Seoul metro (hereinafter “Personnel Regulations”) stipulates the retirement age of employees as 58 years, and the former part of Article 55 of the Personnel Regulations Enforcement Regulations (hereinafter “Enforcement Regulations”) stipulates the retirement age as “the 31st day of December of the year in which the retirement age becomes effective,” but Seoul Qro and A trade union concluded a wage agreement on December 17, 2013, and drafted a supplementary agreement containing the following contents related to the extension of the retirement age.

(A) The extension of the retirement age and the abolition of the retirement benefit short-term system are as follows, taking into account the relaxation of the financial burden of the relevant construction and the equity of employees, on January 3, 201, the part relating to the extension of the retirement age under the above supplementary agreement is “the labor-management agreement in this case”. A. The extension of the retirement age is as follows: (a) the extension of the retirement age is for one year for 1955; (b) January for 1956; and (c) two years for 1957; (d) the retirement age is for 1955 and the retirement age is for 31 December 30, 2014; and (e) the retirement age is for 1956 and December 31, 2017 for 1957.

Accordingly, the Seoul metro amended the main text of Article 32(1) of the Personnel Regulations on January 15, 2014 to "the retirement age of employees shall be 60 years of age," and Article 2(2) of the Addenda to the Personnel Regulations, "Notwithstanding the provisions of Article 32, 1955 students shall be 31 December 31, 2014 and 1956 students shall be 6 June 2016.

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