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1. The Defendant against the Plaintiff on April 11, 2017, and the Plaintiff on April 12, 2017.
Reasons
1. Details of the disposition;
A. The Plaintiffs, as employees of our bank (hereinafter “Korea bank”), are under the application of the wage peak system from March 1, 2014, which is 55 years old pursuant to the provisions of our bank under the introduction of the wage peak system under which “the structure that reduces wages from 55 years old” as employees of our bank (hereinafter “Korea bank”), as the date of May 1959.
B. The Plaintiffs filed an application with the Defendant for the payment of the wage peak system under Article 23 of the Employment Insurance Act and Article 28-2 of the Enforcement Decree of the same Act, and the Defendant, on April 11, 2017, issued a land-based disposition of subsidies (hereinafter “each of the instant dispositions”) on the ground that: (a) with respect to the Plaintiff B on April 11, 2017, each of the banks against the Plaintiff “the time when the wage peak system is applied to the Plaintiff”; (b) March 1 (the same time when personnel movement took place after March 1) of the year when the age of 55 reaches the age of 55; and (c) it does not constitute “the time when the wage reduction is implemented after the age of 55” as prescribed by Article 28-2 of the Enforcement Decree
C. In 2005, the Korean bank introduced the wage peak system in which wages are reduced from March 1 of the year in which it became 55 years of age through a labor-management agreement. From March 1 of the year in which it became 55 years of age, the first half of the year in which it became 55 years of age, and the second half of the year in which the wage is reduced from September 1 of the year in which it became 55 years of age, and the second half of the year in which it was 55 years of age, respectively, was changed and operated by
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, Eul evidence 2 and 3, the purport of the whole pleadings
2. Whether each of the dispositions of this case is legitimate
A. Each of the instant dispositions asserted by the Plaintiffs should be revoked on the grounds as follows.
1. The main sentence of Article 28-2 (1) of the Enforcement Decree of the Employment Insurance Act shall be construed as "the Minister of Employment and Labor shall reduce wages from 55 years of age at a business or workplace that sets the retirement age at least 60 pursuant to Article 23