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(영문) 서울남부지방법원 2015.06.19 2015가합138
부당정년단축 무효확인 및 원상취업
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a non-profit corporation established pursuant to Article 7 of the Community Credit Cooperatives Act by setting the boundaries of corporations, organizations, etc. in Seoul Matro and their cooperative relations as business areas.

On October 16, 1995, the Plaintiff is a person who was employed for the Defendant as Class 1 in technical service and served until December 31, 2014 after the change of occupation to the general service on September 1, 2010.

B. On August 17, 2010, the board of directors of the defendant, which revised the personnel regulations of the defendant, adopted a resolution to reduce the retirement age of the employee by amending the personnel regulations of the defendant (hereinafter “personnel regulations”), and the proposal for the amendment is the same year.

9.1. It was enforced from January 1.

Among the amended personnel regulations, the contents on the reduction of the retirement age of employees shall be as follows:

After the revision of the personnel regulations before the amendment, Article 3 (Classification of Employees) of the Personnel Regulations (Classification of Employees) shall be classified into executive officers, general service, technical service and extraordinary service, respectively.

Article 3 (Classification of Employees) (1) The employees of this Treasury shall be classified into general service and special service, respectively.

Article 25 (Retirement Age) (1) The retirement age of employees shall be as follows:

1. Class 1 personnel in technical service shall be 58 years of age;

2. Employees of two categories in technical service shall be determined separately by the board of directors within the scope of 45 years of age.

Article 29 (Retirement Age) (1) The retirement age of employees shall be 45 years of age.

1. Deleted;

2. Deleted;

C. Around December 31, 2014, the Defendant notified the Plaintiff that he/she reached the retirement age of 45 years of age.

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry of Gap 1, 6 and Eul 3 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Judgment on the claim to nullify dismissal

A. The Plaintiff’s assertion 1) The Defendant did not obtain the consent of the employee while changing the personnel regulations, which are the rules of employment, to the disadvantage of the employee, and thus the amended personnel regulations are null and void in violation of the Labor Standards Act.

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