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(영문) 서울중앙지방법원 2015.11.13 2015가합532813
해고무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a company with the objective business of manufacturing and selling automobile and transportation machinery, appliances, and parts thereof.

B. The Defendant refers to the head of the general service division or higher, the head of the research institute or higher, and the head of the department or higher in the special service position as the “head of the department or higher,” and the Plaintiffs were the executive members of the Defendant’s general service position

C. The retirement age of employees under Article 50 of the Rules of Employment of executives and employees of the collective agreement on September 7, 2006 as of the date of amendment shall be until the end of the year in which they reach 58 years of age.

The retirement age of the executives and employees under Article 19 shall be the end of the year in which they reach 58 years of age.

The retirement age of employees under Article 33(1) of the Act on October 9, 2008 shall be until the end of the year in which he/she reaches the age of 58, and if he/she wishes, he/she may extend the retirement age until the end of the year in which he/she reaches the age of 59 only for a person who has

The retirement age of the executives and employees under Article 19 shall be the end of the year in which they reach the age of 58, but if they desire, it may be extended up to the end of the year in which they reach the age of 59 only to those who have no grounds for disqualification due

(hereinafter referred to as “pre-amended provisions”. On September 7, 2010, the retirement age of the managing members of Article 19 shall be the end of the year in which he/she turns 58 years of age, and if he/she wishes, he/she may extend the retirement age to the end of the year in which he/she turns 59 years of age through prescribed procedures only for those who have no grounds for disqualification, such as health, etc.

(hereinafter referred to as “instant provision”). The annual collective agreement concluded between the Defendant and the Defendant’s Trade Union and the Defendant and the rules related to the retirement age among the rules of employment for executives and employees of each year established by the Defendant to apply to executives and employees, respectively.

The Plaintiffs on December 8, 2014 and the same month.

9. Although the Defendant filed an application for extension of retirement age pursuant to the instant provision, the Defendant issued a retirement order as of December 31, 2014 on the ground that the Plaintiffs reached the retirement age of 58 years of age on December 30, 2014.

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