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(영문) 부산고등법원(창원) 2016.12.01 2016나22960
정년퇴직무효 확인 등
Text

1.The judgment of the first instance shall be modified as follows:

In the instant lawsuit, seeking confirmation of invalidity of retirement disposition during the instant lawsuit.

Reasons

1. Facts of recognition;

A. The defendant is a financial institution established pursuant to the Credit Unions Act and engaged in credit-receiving business and mutual aid business, and has 12 chief directors and employees at the location, and there is no labor union organized by a majority of workers.

The Plaintiff is a person who was born and joined the Defendant on January 1, 1981 and was notified of the retirement age on September 30, 2015.

B. On December 22, 2010, the Defendant decided to hold a board of directors (the 6th regular board of directors on December 22, 2010) and extend the retirement age as follows. According to the former personnel regulations prior to the amendment, the Plaintiff’s retirement date is September 30, 2015. According to the personnel regulations following the amendment, the Plaintiff’s retirement date is September 30, 2015.

Article 27 (Retirement Age Regulations) (1) of the Personnel Regulations (hereinafter referred to as the "Rules on the Existing Age Limit") after the revision of the former Regulations on the Personnel Affairs before the amendment (hereinafter referred to as the "Rules on the Early Age Limit") shall be as follows:

1. Personnel in the management office: sixty years of age;

2. Employees in general service, technical service, and employment: 55 years of age.

Provided, That this shall not apply to the technical and miscellaneous positions.

(3) The basic date on which employees' retirement age is dismissed shall be the last day of the relevant month.

Article 27 (Retirement Age) (1) The retirement age by class of an employee shall be as follows:

1. Executive officers (general executive officers and regular managers): 61 years of age;

2. Management personnel: sixty years of age; and

3. Employees in general service, technical service, and employment: 58 years of age. (2) The retirement age order of employees shall be issued by the General Department by three months before the base date for retirement age dismissal.

Provided, That this shall not apply to the technical and miscellaneous positions.

(3) The retirement age of employees shall be the last day of the relevant month, the age of which expires on the basis of the date of birth on resident registration.

Meanwhile, Article 11-2 of the Standard Operational Manual for Credit Unions (hereinafter “Standard Operational Manual”) established by the National Federation of New Cooperatives (hereinafter “New Cooperatives Federation”) shall apply to the retirement age for employees.

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