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(영문) 서울동부지방법원 2018.11.08 2017가합111510
임금
Text

1. The defendant stated in the separate sheet No. 1 for the plaintiffs in the same sheet as the "official fees" of the same Table, respectively, and the relevant money.

Reasons

1. Facts of recognition;

A. The defendant is a local government-invested public corporation established pursuant to the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Seoul Transport Corporation.

On the other hand, on May 31, 2017, the Defendant was merged with and newly established the Seoul Matro and the Seoul Metropolitan City Urban Railroad Corporation (hereinafter “Seoul Metropolitan City Urban Railroad Corporation”) which operated the subway 1 through 4 lines in Seoul Special Metropolitan City and the subway 5 through 8 lines in Seoul Special Metropolitan City. Accordingly, the Defendant comprehensively succeeded to the rights and obligations of the Urban Railroad Corporation.

(2) On June 30, 2016, the Plaintiffs are employees of the Urban Railroad Corporation, who retired from office on June 30, 2016.

From July 1, 1956 to December 31, 1956, the Plaintiffs indicated in the attached Form 1’s Schedule (hereinafter “Plaintiffs 1”) were born between the Plaintiffs, and the Plaintiffs indicated in the attached Form 2’s Schedule of Claim Amount (hereinafter “the second Plaintiffs”) from January 1, 1956 to June 30, 1956, respectively.

B. (1) The former personnel management regulations and personnel regulations of the Urban Railroad Corporation were stipulated respectively as 58 years of age and 31 December of the year in which the base date for the retirement age reaches the retirement age.

(2) However, the Urban Railroad Corporation amended Article 39 of the Personnel Regulations on October 23, 2014 to change the retirement age of employees into the age of 60. Article 2 of the Addenda to the Personnel Regulations provides, “Notwithstanding the provisions of Article 39, the 1955 students were on December 31, 2014; the 1956 students were on June 30, 2016; and the 1957 students were on December 31, 2017, respectively retired from office; and Article 2 of the Addenda to the Personnel Regulations enacted, “Notwithstanding the provisions of Article 59, the 1956 students were on June 30, 2016.”

(hereinafter referred to as “instant retirement age regulations” in total, of the supplementary provisions and the supplementary provisions to the Personnel Regulations and the Regulations in the Enforcement of the Personnel Regulations, which set the retirement age of 1956 on June 30, 2016.

Article 19 (Retirement Age) of the Act on the Prohibition of Age Discrimination in Employment and Elderly Employment Promotion of Related Acts and subordinate statutes and Urban Railroad Corporations.

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