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(영문) 서울행정법원 2016.11.24 2016구합61594
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Causes and contents of the decision in the retrial;

A. Defendant Intervenor’s Intervenor (hereinafter “ Intervenor”) is a non-profit corporation established on April 9, 1973 pursuant to the Credit Unions Act and engaged in credit and fund-raising business, mutual aid business, etc. with 11 full-time workers.

The plaintiff (C) joined the intervenor on January 1, 1981 and served as a former worker from February 1, 2006.

B. On December 22, 2010, the Intervenor held the sixth regular board of directors on December 22, 2010 and resolved to amend Article 27 of the Personnel Regulations as follows:

(hereinafter “The First Amendment”). Meanwhile, Article 11-2 of the Standard Operational Manual for Credit Union (hereinafter “Standard Operational Manual”) enacted by the Credit Union Federation (hereinafter “Federation”) stipulates the retirement age of employees in charge of management as “60 years of age”.

Before the amendment (hereinafter referred to as "the first retirement age regulations"), the second retirement age regulations shall be referred to as "the second retirement age regulations".

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

1. Employees in charge of management: 60 years of age;

2. General service, technical service, and employees in employment: 55 years of age. (3) The base date for dismissal from the retirement age of employees shall be the end of the relevant month.

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

1. Article 30(2) and (4) of the Credit Unions Act provides that “The standards for appointment and dismissal of executive officers shall be determined by the National Federation Chairperson, and the executive officers shall be appointed or dismissed by the Chairperson following a resolution of the board of directors from among those qualified by the National Federation Chairperson.”

According to Article 6 of the "Standards for the Appointment of Credit Union Executive Officers" enacted by delegation, a person with a certain career is qualified to be an executive officer if he/she has passed a procedure, such as passing an examination of qualifications for executive officers conducted by the Federation.

61 years of age:

2. Management personnel: 60 years of age;

3. Employees in general service, technical service, and employment: (3) The basic date on which employees are dismissed from their retirement age shall be the end of the relevant month when they reach their full age based on the date of birth on resident registration.

(c).

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