logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.14 2015가합562791
정년확인청구
Text

1. Ascertainment that the Plaintiff’s retirement age reaches B

2. The costs of the lawsuit are assessed against the defendant.

Reasons

A. The date of birth was corrected to E, and the same year

8. 22. The Plaintiff’s resident registration number was corrected from “F to “G”.

Then, around August 22, 2013, the Plaintiff requested the Defendant to correct the Plaintiff’s resident registration number and the scheduled date of retirement under the Plaintiff’s personnel records in accordance with the changed date of birth, but the Defendant notified the Plaintiff that the Plaintiff cannot change the retirement date on or after the 23th day of the same month.

However, the Defendant changed the resident registration number to “G” in the personnel records information.

E. Article 55 of the Personnel Regulations of the Defendant prescribed that “the retirement age shall be the date of birth of the employee concerned,” but amended on June 13, 2013, that “the date of birth of the employee submitted at the time of appointment shall be the date of birth on the document verifying the age of the employee.”

The main contents of the Personnel Regulations (amended by June 13, 2013) and the Personnel Regulations (amended by December 17, 2013) related to the instant case are as follows.

* The head of the department in charge of personnel affairs must register and manage it in the electronic computer system without delay when all matters concerning personnel affairs have occurred.

(2) If any ground to correct or change, or additionally record the personnel records of an employee under his/her control arises, the head of the competent department shall file an application for change of the personnel records with the head of the personnel management department.

The basic date for retirement age under Article 32 of the Regulations on the retirement age shall be December 31 of the year in which he/she attains the retirement age, and in such cases, the date for calculating the retirement age of employees shall be the date of birth on documents verifying the age of the employees submitted at the time of appointment.

* Article 32 (Retirement Age) of the Personnel Regulations 1 The retirement age of employees shall be 60 years of age.

Article 57 (Personnel Records) ① The department in charge of personnel affairs shall perform the duties and personal affairs of the staff.

arrow