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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows: (a) the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the modification of Paragraph (3) of the reasoning of the judgment of the court of first instance as that of the following Paragraph (2)
2. The changed part
3. Since the rules of employment have the nature of legal norms that provide for collective legal relations between labor and management, interpretation or fact-finding that disregards the objective meaning of the text should be prudent and strict unless there is clear evidence.
(2) The Plaintiff’s retirement age is calculated on the basis of D, which is the date of birth on a document verifying the Plaintiff’s age, submitted at the time of appointment pursuant to the latter part of Article 55 of the amended Personnel Regulations, based on the following circumstances, in light of the following circumstances, comprehensively taking into account the aforementioned basic facts and the overall purport of the arguments and the evidence as seen earlier: (a) the Plaintiff’s retirement age should be calculated on the basis of D, which is the date of birth on a document verifying the Plaintiff’s age, submitted at the time of appointment pursuant to the latter part of Article 55 of the amended Personnel Regulations.
The retirement age system refers to a system or practice that terminates a labor relationship, regardless of the intention or ability to continue the labor of the worker, on the ground that the worker reaches a certain age. If the labor contract provides for the retirement age, that is, when the labor relationship is terminated, the date of retirement is not determined based on the biological age, but is one of the elements of the labor contract that should be determined based on the normative standard.
B. In a case where workers and employers determine elements affecting labor relations, such as the conditions or contents of labor, the principle can be determined according to the free will of the parties in accordance with the principle of private autonomy unless they violate the mandatory provisions of the Labor Standards Act, etc.