logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.05.08 2019나30435
임금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Under the underlying facts, there is no dispute between the parties, or it may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1-4.

Seoul Qro is a local government-invested public corporation established pursuant to Article 49 of the Local Public Enterprises Act for the purpose of the construction and operation of subway roads in Seoul Special Metropolitan City, and the defendant is a local government-invested public corporation established on May 31, 2017 by a merger between Seoul Qro and Seoul Metropolitan City Urban Railroad Corporation and comprehensively succeeded to the claims

(hereinafter referred to as the “Defendant”) B without distinguishing between Seoul Matro and the Defendant.

On January 1, 1984, the Plaintiff was employed by the Defendant and retired at the retirement age on December 31, 2017.

C. On November 28, 2015, the Defendant entered into a labor-management agreement related to the introduction of the wage peak system for the creation of youth employment (hereinafter “instant labor-management agreement”) with the labor union that the Plaintiff joined as a member from January 1, 2016, as follows.

The Seoul Matro and the Seoul subway Corporation trade union, the representative bargaining trade union in 2015, agree on the introduction of the wage peak system in order to create youth jobs as follows:

1. The wage peak system shall be introduced for all employees (excluding registered police officers) from January 1, 2016, but the period for wage adjustment shall apply from two years before the retirement date (59 years of age only);

2. The criteria for wage reduction of a person eligible for the wage peak system shall be based on the total personnel expenses (excluding performance-based wages and family allowances) in the year in which he/she reaches age of 58 (Provided, That in cases of 1956, 59 years of age), and the rate of reduction shall be 59 years of age (the first year), 10 percent in total, and 20 percent in total (the second year), respectively;

3. As to the grounds for amendment of rules of employment, remuneration regulations, welfare regulations, personnel regulations, etc. relating to the detailed matters under this Convention, consent shall be deemed to have been given in accordance with Article 94 of the Labor Standards Act.

The defendant revised the remuneration regulations under the labor-management agreement on the wage peak system as follows.

Article 2 (Definitions).

arrow