1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.

Basic Facts

A. The Seoul Special Metropolitan City Urban Railroad Corporation (hereinafter referred to as the “Urban Railroad Corporation”) is a local government-invested public corporation that operates subway 5 through 8 in Seoul Special Metropolitan City, which is established in accordance with the Act on Local Public Enterprises and the Ordinance on the Construction of the Seoul Special Metropolitan City Urban Railroad Corporation, and was merged with C on May 31, 2017, thereby creating a new defendant.

B. The Plaintiff was born on a D date and worked as an employee of the Urban Railroad Corporation from December 10, 1996.

(c)

Article 39 of the Personnel Regulations of the Urban Railroad Corporation provides that the retirement age of employees shall be 58 years, and Article 59 of the Regulations on the Enforcement of the Personnel Regulations provides that the retirement age shall be 31 December of the year in which the retirement age reaches the retirement age. However, on January 21, 2014, when entering into an agreement between labor and management organizations, the retirement age of employees shall be the end of December of the year in which the employee becomes 60 years old. However, on December 31, 2014 and June 30, 1956, the birth in 1955 was determined as the retirement age on December 31, 2017.

(d)

On October 23, 2014, Article 39 of the Personnel Regulations was amended to change the retirement age of 60. Article 2 of the Addenda to the Personnel Regulations provides that “Notwithstanding the provisions of Article 39, 1955 shall be retired on December 31, 2014, 1956 shall be retired on June 30, 2016, and 1957 shall be retired on December 31, 2017,” and Article 2 of the Addenda to the Personnel Regulations enacted, “Notwithstanding the provisions of Article 59, 1956 shall be retired on June 30, 2016, 196, 206 shall be retired on June 30, 2016, 206,” and Article 2 of the Addenda to the Personnel Regulations enacted, “The retirement age of 1956 shall be retired on June 30, 206, 206,” and “the retirement age of 1956, 206.6.6.

E. On July 2016, the Plaintiff filed an application for unfair dismissal with Seoul Regional Labor Relations Commission on June 30, 2016, asserting that the self-retirement disposition against the urban railroad construction is unfair, and filed an application for unfair dismissal under F and G (merger).