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Reasons
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(영문) 서울고등법원 2016.04.20 2015나2062560
지위확인의 소
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1. Revocation of a judgment of the first instance;

2. Each of the plaintiffs' claims is dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The defendant, including the parties, is a company that aims to issue, sell, and manage credit cards, etc. and employs not less than 300 workers at all times. The plaintiff A is an E-product from February 1, 200, and the plaintiff D is a G student from September 1, 198 to the defendant.

B. Articles 19 and 19 (Retirement Age) (1) of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion (amended by Act No. 11791; hereinafter “the Act on the Employment of the Aged”) that requires the retirement age of workers to be at least 60 years of age, such as the revision of the Defendant’s rules of employment.

(2) Where any employer sets the retirement age of workers below 60 years of age, notwithstanding paragraph (1), the retirement age shall be deemed set at 60 years of age.

This Act shall enter into force one year after the date of its promulgation.

Provided, That the amended provisions of Articles 19 and 19-2 (1) and (2) shall enter into force on the date specified in the following subparagraphs:

1. A business or workplace that employs at least 300 full-time workers, a public institution under Article 4 of the Act on the Management of Public Institutions, a local government-invested public corporation under Article 49 of the Local Public Enterprises Act, and a local government public corporation under Article 76 of the same Act: In line with the retirement age regulations on January 1, 2016, the Defendant amended the rules of employment on April 1, 2014, thereby adding the phrase “from January 1, 2016, the retirement age shall be 60 years old.”

(The latter part of Article 30(1) and Article 30(1)(hereinafter “the amended retirement age provision”). The amended retirement age provision is based on the defendant’s employment rules (hereinafter “the rules of employment”) adopted by the original defendant as the basis for each argument.

2. Where an employee reaches the retirement age, Article 30 (Retirement Age ① The retirement age shall be 55 years old, but shall be January 1, 2016.

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