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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 1, 1997, the Plaintiff was employed by B as a member of the Defendant on February 1, 1997, and applied for voluntary retirement to the Defendant on August 25, 2015 (hereinafter “instant voluntary retirement application”), but the Defendant did not approve the application and did not withhold the decision until now.
B. The provisions pertaining to voluntary retirement, such as the Defendant’s collective agreement, are as follows.
◆ 단체협약 제45조(정년) ① 사원의 정년은 만 58세로 한다.
(2) The time limit for retirement shall be the end of June and the end of December.
(3) The honorary retirement system shall be implemented through labor-management consultation.
◆ 명예퇴직제 운영규정(이하 ‘이 사건 운영규정’이라 한다) 제3조(명예퇴직) ① 다음 각 호에 해당하는 직원이 희망하는 경우에는 심의위원회 심의를 거쳐 명예퇴직할 수 있다.
1. Where the period of service in the company is not less than 10 years or it is not less than 43 years old: Provided, That from January 1, 2009, it shall be restricted where the period of service is not less than 10 years and not less than 43 years old;
2. Where an employee who has served in a company for at least ten years desires to voluntarily retire due to a disease or injury.
1. A person who retires after being appointed as an executive of a company or a company invested;
2. A person who is not a regular worker;
3. A person who retires in connection with a disciplinary action.
4. A person who retires due to the death.
◆ 명예퇴직제 운영세칙(이하 ‘이 사건 운영세칙’이라 한다)
1. The purpose of this Act is to prescribe the deliberation criteria for the operation of the honorary retirement system in force from 2006;
2. The Government shall set the financial resources for voluntary retirement within the limit of 10% of the ordinary profits of the previous year;
3. In a case where there occurs competition because of a majority of applicants for voluntary retirement, ① high class, ② the aged, and ③ the long-term continuing applicants, priority shall be given to them.
Provided, That the results of personnel evaluation in the previous year are lowest.