The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Article 19(1) of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion (hereinafter “the Elderly Employment Act”) amended on May 22, 2013 provides that “an employer shall set the retirement age of workers at 60 years or older,” and Article 19(2) of the same Act provides that “Where an employer sets the retirement age of workers at below 60 years of age, notwithstanding paragraph (1), the retirement age shall be deemed set at 60 years of age.” Since Article 19 of the Elderly Employment Act enters into force, a labor contract, employment rules, or collective agreement stipulating that the retirement age of workers shall be under 60 years of age shall be deemed null and void within the scope of violation of the foregoing provision. In such case, “retirement age” shall be calculated based on the actual date of birth.

(see Supreme Court Decision 2016Da249236, Mar. 9, 2017). However, it was possible for an employer to establish a retirement age system applicable to employees who are in employment relationship at the time of revising the rules of employment after obtaining consent by collective decision-making method, or shorten the retirement age.

(2) In light of the above legal principles, the lower court’s determination of the retirement age under 60 years of age through a labor contract, collective agreement, or employment rules, or determined the initial date of the retirement age differently from the actual date of birth, cannot be deemed null and void even before the enforcement of the above provision.

2.(a)

The judgment below

The reasons and records reveal the following facts.

(1) On May 1, 1986, the Plaintiff joined the Intervenor joining the Defendant (hereinafter “ Intervenor”), and the Plaintiff’s date of birth stated in the personnel record card at the time of entry was F.

(2) After June 17, 2015, the Plaintiff’s birth date on the Plaintiff’s family relation register from the Seoul Northern District Court.