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(영문) 서울중앙지방법원 2019.11.01 2017가단5014713
급여청구의소
Text

1. The Defendant’s KRW 34,956,526 as well as its related KRW 6% per annum from January 8, 2017 to November 1, 2019, and the following.

Reasons

1. Facts of recognition;

A. The plaintiff is a former employee of B.

B. The Plaintiff, as CB, was treated as the retirement age from B to June 30, 2016.

Accordingly, the Plaintiff et al. filed a lawsuit against B et al. seeking confirmation that the above agreement is null and void, since the incidental agreement attached to the wage agreement concluded between B and D Trade Union on December 17, 2013, which was concluded between B et al., was practically made a temporary retirement by reducing the retirement age of the employees in 1956, thereby making a temporary retirement early retirement.

(Seoul Central District Court 2014Gahap26656). On June 12, 2015, the above court rendered a judgment dismissing the plaintiff's claim.

Accordingly, the plaintiff et al. appealed against the above judgment (Seoul High Court 2015Na2035216), and the above appellate court on December 2, 2016, while the plaintiff et al. was born in 1956.

7. As a person born during the period from January 1 to December 31, 201, a judgment was rendered to confirm that the part of the above attached agreement states that “the extension of the retirement age shall be one year and six months, and the retirement age shall be June 30, 2016,” inasmuch as the person born during the period from December 31, 201 to December 31, 2016 was able to work until his birth in 2016 under the Elderly Employment Act, and thus, the retirement age extension shall be 196.”

B appealed against the above judgment (Supreme Court Decision 2016Da279169), May 31, 2017, and the defendant taken over the lawsuit.

On March 14, 2019, the above court reversed the judgment of the court below and dismissed the plaintiff's lawsuit on the ground that the plaintiff had no interest in seeking confirmation of invalidity of the above incidental agreement after December 31, 2016, which was the date of his retirement under his claim.

C. From July 1, 2016 to December 25, 2016, when the Plaintiff was able to work for the Defendant, wages that the Plaintiff received from the Defendant shall be paid in total of KRW 26,467,450 as indicated in the following table; KRW 4,516,850 for institutional performance difference; KRW 508,30 for institutional performance difference; KRW 508,300 for selective welfare expenses (welfare points) and KRW 809,000 for selective welfare expenses.

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