1. The wage peak system that the Defendant issued against Plaintiff A on June 27, 2015, and each of the remaining Plaintiffs on July 28, 2015.

1. Details of the disposition;

A. The Plaintiffs were workers of E Co., Ltd. (hereinafter “Nonindicted Company”). On April 4, 2014, with the consent of the workers’ representative, Nonparty Company introduced the wage peak system to reduce wages from 56 years of age to 20% for the employees aged 55 years of age or older with the consent of the workers’ representative, and to maintain wages from 56 years of age to 60 years of age.

(Enforcement Date: from April 1, 2014). (b)

On June 15, 2015, the Plaintiffs applied for the payment of the wage peak system to the Defendant in 2014 pursuant to Article 28(1)1 and (2) of the Enforcement Decree of the Employment Insurance Act. However, in the case of the Plaintiffs, the Defendant, on June 27, 2015, issued a decision to pay the wage peak system for the remaining Plaintiffs (hereinafter “instant disposition”) to the Plaintiff on July 28, 2015, on the ground that the Plaintiffs had already been extended the retirement age prior to the enforcement date of the wage peak system for the company’s wage peak system.

[Ground of recognition] No dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the whole purport of pleading

2. Whether the instant disposition is lawful

A. Although Article 28(1)1 and (2) of the former Enforcement Decree of the Employment Insurance Act (amended by Presidential Decree No. 26690, Dec. 4, 2015; hereinafter the same shall apply), there is no phrase “a person who has attained the retirement age after the enforcement date of the wage peak system,” the disposition in this case was made on the ground of a new requirement not prescribed by the Defendant’s law (which shall be an employee whose employment has been extended after the enforcement date of the wage peak system), beyond the possible meaning of the legal text, and even the creation of the law.

나. 관계 법령 ◆고용보험법 제23조(고령자등 고용촉진의 지원) 고용노동부장관은 고령자 등 노동시장의 통상적인 조건에서는 취업이 특히 곤란한 자(이하 "고령자등"이라 한다)의 고용을 촉진하기 위하여 고령자등을 새로 고용하거나 이들의...