1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 47,878,977 and its relation to the Plaintiff from July 1, 201 to January 201.

1. The following facts do not conflict between the parties, or are recognized in full view of the statements in Gap evidence 1 to Eul evidence 8, Eul evidence 1 to Eul evidence 19-2, and the whole purport of the pleadings in the first instance trial witness B and Eul's testimony, and there is no counter-proof otherwise.

The defendant was established on March 18, 1982 and employs 1,100 full-time workers, and is a commissioned-type quasi-governmental institution under the Ministry of Labor that operates qualification examination, workers' lifelong ability development support, overseas employment and foreign employment support business. The plaintiff was a DNA and was employed by the defendant on August 1, 1981, and served as Grade V in general service.

B. Chapter III (Appointment of Officers and Employees) Article 21(1) of the Defendant’s Articles of Incorporation of the Republic of Korea provides that “the appointment of an employee of the Corporation shall be made by the chief director, as prescribed by personnel regulations; Article 35 (ipso facto Retirement) of the Defendant’s Personnel Management Regulations shall be deemed to be a reason for ipso facto retirement; Article 43 (Retirement Age) of the same Regulations provides that “the retirement age for employees of Grade III or lower in general position shall be 57 years; where the date on which the employee’s retirement age reaches the retirement age falls between January and June, June 30; and where between July and December, December 31, respectively.”

C. On November 28, 2008, the Defendant entered into a collective agreement with the labor union of the Human Resources Development Service of Korea to extend the retirement age of Grade III or lower to 58 years from 2009 to 2010 (hereinafter “instant collective agreement”). The part concerning retirement age and retirement under the said collective agreement is as follows.

[The collective agreement of this case] Article 2 (Priority of Convention) of the Labor Standards Act, the Regulations of the Agency (Rules, Rules, and Rules) of the Convention shall take precedence over each other’s employment contract, and the part which falls short of the standards of the Convention shall be governed by

Article 35 (Retirement Age) (1) The retirement age of employees shall be as follows:

1. 60 years of age for general service and research service;

2. Provided, That the retirement age for the employees who are equivalent to or lower than Grade III shall be the public officials of Grade VI or lower;