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(영문) 수원지방법원안양지원 2014.09.26 2010가합3662
해고무효확인 등
Text

1. The defendant shall pay to the rest of the plaintiffs except the plaintiff J each money in the form of the quoted amount sheet in the attached Form.

Reasons

1. Facts of recognition;

A. On December 31, 2008, Plaintiffs and net AF (hereinafter “Plaintiffs, etc.”) except Plaintiff AG, AH, and AI (hereinafter “Plaintiffs, etc.”) were the Defendant’s employees of Grade II through VI, who voluntarily retired (hereinafter “instant voluntary retirement”).

Plaintiff

At the time of the voluntary retirement, etc., the retirement age was one or three years prior to the retirement age, and was subject to the wage peak system, or was scheduled to be subject to the application from January 1, 2009.

B. According to the Defendant’s personnel regulations, the employees of Grade 2 and 6 were stipulated to be retired from the age of 57, and class 3 and class 4 were to be retired from the age of 56. However, the Defendant and the Defendant’s trade union (hereinafter “labor union”) agreed to introduce the wage peak system to pay the wages by reducing the retirement age of all employees from January 21, 2005 to the age of 58 (the retirement date on December 31, 2005) in order to alleviate the Defendant’s management burden.

C. Accordingly, the defendant revised and enforced the annual salary system, the organization rules, and personnel regulations, and the main contents of the above provisions related to this case are as follows.

[Definition of Provisions on Annual Salary System (amended on December 30, 2005, January 1, 2006)] Article 2(Definitions)

9. The term " wage peak system" means a system under which wages are reduced successively in a certain age instead of guaranteeing the employment of employees up to the retirement age;

Article 6-2 (Calculation of Basic Annual Salaries) (4) The basic annual salary for employees of Grade II or higher shall be the amount calculated by adding the following amounts to the basic annual salary before a ground for re-determination of property occurs:

1. Personal performance rating;

2. The amount increased or decreased according to the rate of changing wages of the Corporation;

3. The basic annual salary for employees of class III or below shall be the amount calculated by adding the following amounts to the basic annual salary before a cause for determining property of an annual salary occurs:

1. Standard equivalent thereto;

2. Amount of increase or decrease following wage negotiations.

3. The wage peak system under Article 12-2 (Basic Annual Salaries for Employees subject to the wage peak system);

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