1. Revocation of the first instance judgment.

2. The Defendant’s voluntary retirement disposition against the Plaintiff on December 31, 2016 is null and void.

1. Factual basis

A. On March 1, 1989, the Plaintiff entered the Defendant on his job and the Plaintiff’s personal information.

At the time of entry, the Plaintiff submitted the date of birth to “B”, “C” and a certified copy of family register as required documents for employment.

The plaintiff's resident registration number also is "D," but the birth partitions, etc. are born in "Seo E," i.e., the plaintiff's next year, and his father reported the birth of the plaintiff on September 12, 1961.

B. On January 17, 2008, the Plaintiff’s resident registration number was corrected ex officio from D to F, and accordingly, the Plaintiff’s resident registration number was corrected from C to F on July 4, 2008 to F.

C. Article 23 of the Defendant’s personnel regulations provides that ① the retirement age of employees shall be 60 years of age, and the base date for calculating the retirement age of employees shall be the date of birth on documents that can verify the age submitted at the time of new employment. ② Any employee who reaches 57 years of age shall apply the wage peak system separately determined from January 1 of the year when he reaches 57 years of age, and ③ the base date for the retirement age of employees shall be December 31 of the year when he reaches the retirement age.

On November 16, 2016, the defendant announced that he/she will implement the voluntary retirement for the period of application from November 17, 2016 to November 21, 2016.

According to the criteria announced by the defendant, persons subject to voluntary retirement are divided into those before the application of the wage peak system and those who are not.

(1) The employee to whom the wage peak system applies is eligible for voluntary retirement since 2017.

They are the staff of 56 years of age who were born from January 1, 1960 to December 31, 1960, and the wage peak system applies from January 1, 2017 as they reached the age of 57 in 2017.

When a beneficiary files an application for voluntary retirement, the term " December 31, 2016" shall be deemed as the date of the issuance of the voluntary retirement x average wage at the time of retirement.