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(영문) 수원지방법원성남지원 2016.06.08 2015가합207705
지위확인의 소
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, including the parties, is a company that aims at information and communications business and employs at least 300 full-time workers, and the Plaintiffs are born between A and B, as indicated in the respective dates of birth listed in attached Tables 1 through 6, as of December 4, 2015, the filing date of the instant lawsuit.

B. Article 19 (Retirement Age) (1) of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion (amended by Act No. 11791; hereinafter the same shall apply), which requires the retirement age of workers to be at least 60, an employer shall set the retirement age of workers at at least 60. (2) Notwithstanding paragraph (1), if an employer sets the retirement age of workers at below 60, the employer shall be deemed to have set the retirement age at 60. This Act shall enter into force on the date one year has passed after its promulgation: Provided, That the amended provisions of Articles 19 and 19-2 (1) and (2) shall enter into force on the date specified in the following subparagraphs: (i) a business or place of business that employs at least 30 workers on a regular basis; (ii) a public institution under Article 4 of the Act on the Management of Public Institutions; (iii) a local public corporation under Article 49 of the Local Public Enterprises Act; and (iv) a public corporation under Article 76 of the same Act, the former Regulations on Personnel Management from 16, etc.

(1) Article 23 of the Personnel Regulations (amended on December 30, 2014) (amended on November 2015), after the amendment of the former Personnel Regulations (Regulations No. 700) (amended on December 30, 2014), provides that the employee shall be automatically dismissed if:

1. Age;

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