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1. The defendant paid KRW 23,165,100 to the plaintiff and 5% per annum from July 1, 2009 to January 4, 201.
Reasons
1. Basic facts
A. The defendant Corporation 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, which operates qualification examinations, support of workers' lifelong ability development, overseas employment and support business for foreign employment, and the plaintiff is a B., who was employed by the defendant Corporation on November 26, 1984, and served as the Grade III in general service.
B. Chapter 3 (Appointment of Officers and Employees) Article 21 (Appointment of Officers and Employees)(1) of the articles of incorporation of the defendant Corporation provides that "the appointment of employees of the Corporation shall be made by the chief director as prescribed by personnel regulations." Article 35 of the personnel regulations of the defendant Corporation provides that "if the retirement age is attained," Article 43 (1) provides that "the retirement age of employees of class 3 or below in general service shall be 57 years, and Article 43 (2) provides that "if the date on which the employee's retirement age reaches the retirement age falls between January and June, it shall be made on June 30, and if between July and December, it shall be made on December 31, respectively."
C. On November 28, 2008, Defendant Corporation entered into a collective agreement with 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 instant collective agreement entered into force from the date of conclusion to the date of implementation, and the part on retirement age and retirement is as follows.
[The collective agreement of this case] Article 2 (Priority of Convention) of the Labor Standards Act, the provisions of the Labor Standards Act, the regulations of the Corporation (Rules, Rules and Rules), and individual labor contracts, and the part which falls short of the standards of agreement shall be governed by the standards of
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. However, the retirement age of employees below Grade III shall be extended in accordance with the transitional measures following the extension of the retirement age of public officials of Grade VI or lower:
From 2009 to 2010: 58 years of age;
(b) from 2011 to 2012: 59 years of age;