(영문) 의정부지방법원 고양지원 2018.01.19 2017가합73313

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(영문) 의정부지방법원 고양지원 2018.01.19 2017가합73313

퇴직처분무효확인등

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1. The part concerning the claim for nullification of the retirement disposition among the lawsuits in this case is dismissed.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. The Defendant is a limited partnership company with the business of transporting taxi passengers.

On October 10, 2002, the Plaintiff was notified by the Defendant of the termination of the employment relationship due to the instant retirement disposition as follows.

Article 46 (Retirement Age) of the "Employment Rules (No. 8)" provides that the retirement age of employees belonging to a party shall be the date on which they reach the retirement age of 60 years as of the date of birth, and the employment relationship shall be automatically terminated.

Provided, That notwithstanding this provision, a company may allow a person deemed necessary for its business to perform the existing duties through re-contract procedures.

B. On July 14, 2015, the Defendant notified the Plaintiff that “The retirement age shall arrive as of July 19, 2015 pursuant to Articles 53, 55(1)3, and 55(2)3 of the Collective Agreement, and Article 46 of the Rules of Employment,” and that the Plaintiff retired on July 19, 2015.

(hereinafter “instant retirement disposition”). On the other hand, the Defendant’s rules of employment (amended on September 24, 2014) and collective agreements (established on August 26, 2014) provide for the retirement age of workers as follows.

The retirement age under Article 53 (Retirement Age) of the "Collective Convention (No. 7)" shall be the 60-year-old date based on the date of birth, and the 60-year-old date may be commissioned by the labor-management agreement.

Provided, That a commissioned position may be extended only for a faithful worker.

The "Labor and Labor Relations Convention (No. 2)" : Defendant E: The head of the division of this case and the head of the division of this case, A, and B shall resolve all grievances so far for the sound development of the company and the trade union, the company shall, on the basis of the spirit of a worker and a worker, resolve the sound development of the trade union and the indemnity of the trade union, and the trade union shall enter into the labor and management agreement as follows in order to improve the management balance of the company,

1. The head of the instant branch.

유사 판례

-대구지방법원 2014.10.15. 선고 2014구합21433 판결

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-서울행정법원 2016.08.25 2015구합13499