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(영문) 창원지방법원통영지원 2016.07.14 2016가합55
정년퇴직무효 확인 등
Text

1. The Defendant’s retirement disposition against the Plaintiff on September 30, 2015 confirms that the retirement disposition against the Plaintiff is invalid.

2. The defendant shall be the plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a financial institution which is established pursuant to the Credit Unions Act and carries out credit-receiving business and mutual aid business, and has 12 chief and employees at the location.

The Plaintiff is a person who was in a former position around September 30, 2015 when he/she became a member of the Defendant from January 1, 1981 and was notified of his/her retirement.

B. On December 22, 2010, the amendment of the personnel regulations decided to hold a board of directors (the 6th regular board of directors on December 22, 2010) and extend the retirement age as follows:

(hereinafter referred to as the “existing Personnel Regulations”). After the amendment, Article 27 (Retirement Age) ① The retirement age by class of an employee is as follows.

1. Personnel in the management office: sixty years of age;

2. The officers in general service, technical service, and employment: 55 years of age.

Provided, That this shall not apply to the technical and miscellaneous positions.

(3) The basic date on which employees' retirement age is dismissed shall be the last day of the relevant month.

Article 27 (Retirement Age) (1) The retirement age by class of an employee shall be as follows:

1. Executive officers (general executive officers and regular managers): 61 years of age;

2. Management personnel: sixty years of age; and

3. Employees in general service, technical service, and employment: 58 years of age. (2) The retirement age order of employees shall be issued by the General Department by three months before the base date for retirement age dismissal.

Provided, That this shall not apply to the technical and miscellaneous positions.

(3) The retirement age of employees shall be the last day of the relevant month, the age of which expires on the basis of the date of birth on resident registration.

On the other hand, Article 11-2 of the Standard Operational Manual for Credit Union (hereinafter “Standard Operational Manual”) established by the National Credit Union Federation provides for the retirement age of employees as follows:

The retirement age of employees under Article 11-2 (Age Limit for Employees) shall be determined by the partnership within the following ages:

1. Personnel in the management office: sixty years of age;

2. Personnel in general service (excluding management positions), technical service, and employment service: 55 years of age;

C. The Defendant’s attempt to amend the personnel regulations of the Defendant shall hold a board of directors on November 13, 2014.

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