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(영문) 서울고등법원 2019.03.07 2018누39036
경정청구기각처분취소
Text

1. Of the judgment of the first instance, the part against the defendant ordering revocation is revoked in excess of the following portions:

Reasons

1. Details of the disposition;

A. On July 1, 2002, the Plaintiff was employed as contractual staff in B (hereinafter “B”) on July 1, 2002, and thereafter, from January 1, 2008, the Plaintiff became an employee with no contractual term fixed (hereinafter “office staff”).

B. Around October 2013, D Union B and B (hereinafter “B labor-management”) established L0 classes in the existing four classes system (L1-L4) and re-established them into five classes systems (L1-L5). At the option of employees, the Plaintiff and the clerical staff, such as the Plaintiff, agreed to improve the personnel management system of clerical staff so that they can be converted into L0 positions in the form of “existing labor contract is terminated and newly employed.”

Accordingly, from November 29, 2013 to December 5, 2013, B made an internal recruitment for newly established L0-class recruitment for office workers. At the time, B notified the subjects of “B shall not include the period of continuous employment for applying retirement pay, etc. upon the termination of the current employment contract, and retirement pay, annual leave, and other personnel systems, etc. after new employment, and shall not include the period of continuous employment for which B may determine separate operational criteria if necessary.”

C. On December 6, 2013, the Plaintiff submitted to B a written consent for applying for employment of L0 class employees, a letter of employment contract, and a new employment contract, and settled the retirement allowances following the termination of the employment contract on January 1, 2014, and raised the retirement allowances to L0 class regular employees.

B In May 2015, the labor and management reached an agreement on voluntary retirement against the “persons subject to voluntary retirement” as listed below, and agreed on a voluntary retirement (hereinafter referred to as “instant voluntary retirement”) with the content that: (a) a special retirement allowance corresponding to the number of months indicated in the “number of months of payment of special retirement allowances” as listed in the “number of months of payment of special retirement allowances” as listed below, and a voluntary retirement (hereinafter referred to as “instant voluntary retirement”) with the content that a voluntary retirement person is paid a success equivalent to KRW 24 million, health examination expenses, and KRW

persons who are subject to separate desired retirement.

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