logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.08.25 2015구합13499
부당해고구제재심판정취소
Text

1. On November 23, 2015, the National Labor Relations Commission applied for reexamination between the Plaintiff and the Defendant’s Intervenor on November 23, 2015.

Reasons

1. Causes and contents of the decision in the retrial;

A. The Plaintiff is a company established on July 22, 1982 and engaged in automobile transportation business, etc.

The Intervenor joining the Defendant (BB, hereinafter referred to as the “ Intervenor”) entered the Plaintiff on December 6, 2006 and served as a taxi engineer.

B. On March 15, 2015, the Plaintiff notified the Intervenor that “The Intervenor is scheduled to retire on March 31, 2015, in accordance with Article 17 of the collective agreement (the conclusion between the Masung-si branch of the Yancheon-si Branch of the Korean Military Workers’ Union, the Intervenor, etc. and the Plaintiff on December 24, 2012), and Article 86 of the Rules of Employment (hereinafter “instant notification”), the Intervenor retired on March 31, 2015.

(hereinafter “Disposition of Retirement”). The provisions pertaining to retirement age under the collective agreement and rules of employment are as follows:

◆ 단체협약 제17조(정년) 조합원의 정년은 만 60세가 되는 달로 하고 성실 근로 여부에 따라 자동연장한 것으로 본다.

Provided, That this shall not apply to multi-accidents.

◆ 취업규칙 제9장 퇴직 제85조(퇴직) 회사는 종업원이 다음 각 호의 1에 해당하는 사유가 발생된 때에는 퇴직시킨다.

1. Where he/she dies;

2. When he/she attains retirement age;

4. When a contract is not renewed due to the expiration of the contract;

1. The retirement age of employees shall be sixty;

2. The time limit limit for the company to be in the course of performing its duties shall be determined after its examination.

(i) a person who needs to continue to perform his/her duties, with a good attitude, grade, and character, while in office, due to a good health condition;

C. On May 28, 2015, the Intervenor filed an application for remedy against the instant retirement treatment with the Chungcheong Regional Labor Relations Commission, and on July 17, 2015, the Chungcheong Regional Labor Relations Commission dismissed the application for remedy on the ground that “the Intervenor does not have the right to renew the labor contract after he/she reaches the retirement age.”

An intervenor is dissatisfied with it and on August 19, 2015.

arrow