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(영문) 서울고등법원 2014.10.31 2014누57647
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) it is identical to the reasoning of the judgment of the first instance except for adding the following 2. paragraphs to the reasoning of the judgment of the first instance; and (b) therefore, it is identical to the reasoning of the judgment of the first instance pursuant to Article 8(2) of the Administrative Litigation Act and the text of Article 420 of the Civil Procedure Act.

2. Details of the judgment added;

A. The instant retirement age provision stipulated in the collective agreement of this case, which the Plaintiff asserts again in the trial, applies only to workers whose term of the contract is not fixed. Since the Plaintiff entered into a commission employment contract with the Intervenor after his retirement and was in office, and the Plaintiff did not know that the retirement age was increased to 57 years due to the instant retirement age regulations, there is no room for the Plaintiff to apply the instant collective agreement to the Plaintiff.

B. Determination 1) The relevant legal doctrine is objectively interpreted as a party’s expression of intent in accordance with the terms and conditions indicated in the disposition document, barring any special circumstance where the authenticity is acknowledged. However, in the event of a difference in the interpretation of a contract between the parties and the interpretation of the parties expressed in the disposition document, the relevant legal doctrine should be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the language and text, the motive and background leading up to the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc. Meanwhile, when interpreting the disposition document, such as a collective agreement, is performed through collective bargaining between the labor union and the employer as an independent organization of workers for the purpose of maintaining and improving workers’ working conditions and enhancing their economic and social status by promoting their welfare (see Supreme Court Decision 2009Da102452, Oct. 13, 2011).

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