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(영문) 서울고등법원 2012.10.12 2010나117476
임금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

Defendant.

Reasons

Basic Facts

The following facts are not disputed between the parties, or acknowledged in full view of Gap evidence Nos. 1, 2, 3, 4, 5, 6, 9, 15, and Eul evidence No. 1 and the whole purport of the pleadings:

The B Education Center (hereinafter referred to as the “Education Center”) was abolished as of March 1, 2009 by the former B Education Center Act (Act No. 9318, Dec. 31, 2008) as an affiliated non-profit organization established pursuant to the former B Education Center Act (Act No. 4253, Aug. 1, 1990) and the Defendant Educational Foundation C (hereinafter referred to as the “Defendant Juristic Person”) comprehensively succeeded to all the property, rights, and obligations.

From November 2005 to October 2007, Defendant D served as the head of the FF Trade Union Education Center Branch (hereinafter referred to as the “Education Center Branch”). Defendant D served as the Secretary General of the Education Center from February 2006 to September 2010.

The plaintiff worked in the education center from December 16, 1989 to December 31, 2008.

On October 9, 2006, the head of the education center and the head of the chapter of the education center and the head of the chapter of the education center entered into a "labor-management agreement for the wage peak system and a public recruitment system" (hereinafter referred to as the "instant agreement"), and among which the main contents of the wage peak system are as follows

Article 1 (Objects and Age of Wage Reduction System) All members working in the Education Center shall be classified into compulsory application type and autonomous selection type as follows:

1. The type of compulsory application shall be subject to a postponed application of the wage peak system from the following month in which he/she reaches 58 years of age regardless of his/her will;

2. Voluntary selection type may apply for the wage peak system by his/her own free will, and shall be selected after deliberation by the personnel committee, from among those who reach fifty years of age or exceed fifteen years of continuous service.

Article 2 (Guarantee of Employment, etc.) Education Institute shall make a long-term contract for the remaining retirement age under the provisions of the Education Center at the time of conversion of wage peak system and the employment contract of a person subject to mandatory application and autonomous selection type.

1. When an adjustment of employment is made due to inevitable reasons, such as consolidation of the education center and dismissal for managerial reasons;

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