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(영문) 서울중앙지방법원 2017.11.10 2017가합504034
임금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company engaged in banking business, etc., and the plaintiffs are employers, and all workers belonging to the defendant are born in 1957 to 1961 and are subject to the application of the defendant's wage peak system.

Plaintiff

A From January 1, 2014, from January 1, 2014, Plaintiff B, C, D, E, F, and G, from January 1, 2015 to January 1, 2015, Plaintiff H, and I were subject to the wage peak system from January 1, 2016, and the remainder of the Plaintiffs, except the above Plaintiffs, from January 1, 2016 to January 1, 201.

B. The Defendant who introduced the wage peak system and the KB Bank Branch of the Korea Workers’ Union (hereinafter “instant trade union”) agreed to implement the wage peak system for all the employees employed by the Defendant over 5 years of age, and accordingly, revised the existing personnel regulations, one of the rules of employment, which is the part of the employment regulations, so that the retirement age may be separately determined. Meanwhile, the current personnel regulations were enacted to revise the rules of employment and set the retirement age for employees subject to the application of the wage peak system by enacting the rules of employment (hereinafter “instant rules of employment”). In addition, the labor union was approved by the labor union of this case composed of a majority of all the employees employed by the Defendant, who were subject to the existing personnel regulations regarding the amendment of the rules of employment, by amending the existing personnel regulations and enacting the rules of employment in this case.

C. Supplementary agreements between the Defendant and the instant trade union regarding collective agreements, and the Defendant’s rules of employment regarding this case are as follows.

Article 1 of the Supplementary Convention to Collective Agreement (2007), this Convention shall apply to banks, branches and affiliated members.

However, the normative provisions on working conditions shall apply to all the employees, and the contract terms shall be governed separately.

Article 3 Banks shall work conditions for members of the branch office.

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