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(영문) 대전지방법원 2017.04.26 2015가합667
임금등
Text

1. The defendant shall pay KRW 6,590,401 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The defendant was established and operated as a school juristic person established on January 10, 1983 and C University.

B. On June 20, 192, the Plaintiff was born D and was employed as a commissioned employee of the Defendant (an employee who signed a fixed-term employment contract) and started to work as a member of the Cuniversity Reserve Forces.

C. Around 1995, the Defendant decided to establish an employee system in extraordinary civil service instead of discontinuing the system of a commissioned or temporarily employed employee.

On October 24, 1995, the defendant enacted the rules of appointment of special public officials for extraordinary civil service. According to the above rules, the leader of the reserve forces falls under extraordinary civil service.

On February 196, the plaintiff was selected as a member of the reserve forces, who is an employee in extraordinary civil service of the defendant, by supporting the employment procedure of new staff members in extraordinary civil service of the defendant. From March 1, 1996, the plaintiff worked as a member of the reserve forces of C University from March 1, 1996.

After that, the plaintiff was promoted to Grade 6 in extraordinary civil service.

E. On November 27, 2012, the Defendant amended the above regulations, and the amended regulations include the following:

Article 7 (Age Limit of Service) (1) The age limit of duties of regular employees by field of duties shall be as specified in attached Table 1.

(2) A regular employee shall retire ex officio from office on the last day of a semester in which he/she reaches the retirement age.

[Attachment Table 1] The Regulations shall enter into force on March 1, 2013 (Enforcement Date) on the Joint and Several Years of Age Reserve Forces, equivalent to Grade V and Grade VI and lower than Grade V and lower than Grade V and lower than 55 (Enforcement Date) of the Personal Exclusive Training Department, whose duties are divided into general service in the field of age list in which regular employees work for each category of duties.

(Transitional Measures concerning Age Limits) The provisions of annexed Table 1 shall apply to regular employees who are in service simultaneously with the enforcement of these Regulations.

Chapter 4: Grade 2 in general service under Article 23 (Retirement Age) of the Personnel Management Act shall be 62 years of age, Grade 3-5 years of age, Grade 61 years of age, Grade 6 (Grade) years of age, 59 years of age, and exchange personnel.

However, the problem of retirement age below the sixth level is discussed at the labor-management council.

Article 26 (Unfair Invalidity of Disciplinary Action) Dismissal, etc. by Unfair Disciplinary Action.

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