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(영문) 수원지방법원 안양지원 2018.07.27 2016가단121220
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 2, 1983, the Plaintiff was employed by the Defendant and was employed at the retirement age from the Defendant on June 30, 2016. At the time when the Plaintiff entered the Defendant, the date of birth on the family register and the date of birth on the family register were all “C”.

B. On May 27, 2015, the Plaintiff filed an application with the Suwon District Court for rectification of the registry by asserting that his actual date of birth different from that of his actual date of birth was registered in the family relations register. On May 27, 2015, the said court decided to permit the Plaintiff’s correction of the date of birth from “C” to “D.”

Accordingly, on June 4, 2015, the date of birth on the Plaintiff’s family relations register was corrected to “D”, and on June 11, 2016, the Plaintiff’s resident registration number was also corrected to “E” to “F (hereinafter omitted).”

C. On June 12, 2015, the Plaintiff submitted a corrected basic certificate to the Defendant, and requested the change of resident registration number under the human resources management system, and the Defendant modified the Plaintiff’s resident registration number under the human resources management system upon the above request.

Article 60(2) of the Defendant’s Personnel Regulations stipulated that “the retirement age of employees shall be 58 years of age,” but was amended on May 11, 2016 as follows.

Article 60 (Retirement Age Retirement) (1) Any person who attains the retirement age shall be a retirement age.

(2) The retirement age of employees shall be 58.

In such cases, the standard date for calculating the retirement age of employees shall be the date of birth on documents verifying the age submitted at the time of new employment under Article 8 (3).

(3) Where the date on which an employee reaches the retirement age falls between January and June, the retirement age date shall be June 30; and where the date on which an employee reaches the retirement age falls between July and December, the retirement date shall be December 31.

(4) When an employee reaches the retirement age, a standby order may be issued under the jurisdiction of the head office within six months before March.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5, Eul evidence 2 to 6, and 13 (including paper numbers).

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