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(영문) 전주지방법원 2019.07.18 2018구합2466
부당이득금환수처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Article 51 of the Rules of Employment of the Plaintiff provides that “The retirement age of an employee shall be 64 years of age (Provided, That a technical position shall be 62 years of age) and shall retire from office on the date on which he/she reaches the retirement age based on the date of birth; provided, however, that a certain period may be extended upon the approval of the representative director

B. (1) On October 13, 2010, the Plaintiff entered into a labor contract including the following contents for the first time with the worker B (C).

1. Contract term 1) The contract term is from October 13, 201 to October 12, 201, and the contract term is from October 13, 201 to October 12, 201, and if the contract term is terminated, it refers to the last day of the contract term of the above entrustment management. B) continues to be employed by the Plaintiff after October 12, 201, which is the last day of the contract term stipulated in the above contract term, and reached the retirement age stipulated in the rules of employment of the Plaintiff.

On February 5, 2015, the Plaintiff entered into a contract with B, from February 5, 2015 to February 4, 2016, which stipulates that the term of the labor contract shall be 12 months from February 5, 2015, and that the contract shall be terminated at the same time even before that term expires.

2) On December 16, 2013, the Plaintiff entered into a labor contract including the following contents for the first time with workers D(E).

(B) D continued to be employed by the Plaintiff after December 15, 2014, which is the last day of the working period stipulated in the above employment contract, and reached the retirement age stipulated in the rules of employment of the Plaintiff, as of November 14, 2015, when the contract term is from December 16, 2013 to December 15, 2014.

The term of a labor contract with D on November 15, 2015 shall be 12 months from November 15, 2015 to November 14, 2016, and the labor contract shall also be terminated at the same time even before the expiration of the term of a management contract.

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