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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is not "as the plaintiff entered into each labor contract and continued to work without the interruption of labor relations before and after the arrival of the retirement age, it constitutes "a person employed by the business owner and continuously worked for at least 18 months," and the reasoning of the judgment of the court of first instance is the same as that of the court of first instance, except for the addition of the judgment on the defendant's additional assertion in paragraph (2) below, and thus, it is cited by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
The Defendant’s assertion on the Defendant’s additional assertion that the appellate court determined that the remuneration should be differentiated depending on work experience under the Rules of Employment, which is a business assistant of the bankrupt estate, and even if the person is over the age of 58, there are cases where the wage is not reduced based on the age when the work experience is short. Therefore, it cannot be deemed that all workers who are over the age of 58 are reduced due to the extension of retirement age
Article 28(1)1 of the Enforcement Decree of the Employment Insurance Act provides that “The Korea Deposit Insurance Corporation to which the above rules of employment applies shall not be deemed to fall under the case where the employer extends the retirement age to 60 or more or extends the retirement age to 56 or more but less than 60 years old, and implements a system that reduces wages based on the schedule of age after 55 or more, the period of continuous service,
Judgment
On March 13, 2015, the Korea Deposit Insurance Corporation revised the "Rules of Employment, which is an assistant to the bankruptcy foundation's business." Article 15 (2) provides that the retirement age of assistant shall be extended from 58 to 60 years of age, and Article 37 (1) and (2) provides that the remuneration of assistant to the bankruptcy foundation's business shall be determined by work experience by the bankruptcy trustee from 1950,000 to 3.5 million won, and that the monthly remuneration limit shall be 2.5 million won for assistant who has over 58 years of age.