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(영문) 서울중앙지방법원 2016.04.06 2015가단144585
손해배상(기)
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts (i) Seoul metro is a public corporation whose business purpose is the construction and operation of subway 1 through 4 lines in Seoul Special Metropolitan City, and the non-party subway Corporation trade union is the Seoul Matro trade union (hereinafter “non-party subway Corporation trade union”). On early 2011, before the conclusion of the collective agreement in 2012, the non-party trade union belonging to the non-party partnership filed an application for mediation with the Seoul Labor-Government Model Council (hereinafter “Seoul Model Council”) in relation to the extension of the retirement age of invested institutions under Seoul.

Accordingly, on July 29, 2013, the Seoul Model Council submitted a final research report on the research for the extension of the retirement age in Seoul Matro, which provides that “The retirement age shall be uniformly extended from 1955 to 60 years, which became the subject of the extension of the retirement age in 2013, and the method of extending the retirement age shall be ① the first year (59 years) in which the retirement age is extended until the enforcement of the 2016 Act, shall be reduced by 10% from the total wage of 58 years of age, and the second year (60 years of age) in which the retirement age is extended, shall be reduced by 15% from the total wage of 58 years of age and shall be reduced by 15% from the total wage of 58 years of age, or a uniform plan for the extension of the retirement age without the introduction of the 2013 wage peak system.”

B. On December 17, 2013, the Plaintiff and the Non-Party Partnership entered into a wage agreement, and signed an incidental agreement relating to the extension of retirement age issues (hereinafter “instant incidental agreement”), and Article 1(a) of the attached agreement.

The part of subparagraph 1 of paragraph (1) is “the extension of the retirement age shall be one year for the person who has extended the retirement age, one year and six months for the person who has been born in 1956, and two years for the person who has been born in 1957, and the retirement age shall be December 31, 2014 for the person who has been born in 1955, June 30, 2016 for the person who has been born in 1956, and December 31, 2017 for the person who has been born in 1955, including the person who has been appointed), shall be deemed to have reached the age of 59 on December 31, 2014 for the person who has been born in 195, including the person who has been appointed), and the person who has been appointed (hereinafter “Plaintiffs”) on December 24, 2014.”

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