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(영문) 서울행정법원 2018.08.23 2018구단9784
임금피크제 지원금 지급 거부처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Since 1977, the Plaintiff was employed as a second student as an employee of C Co., Ltd. (hereinafter “instant company”). From March 11, 2001, the Plaintiff was working as a regular member of the supervising department.

B. On December 7, 2009, at the regular labor-management council of the 47th regular labor-management council of December 7, 2009, the instant company consulted between the labor-management to extend the retirement age of officers and to introduce the wage peak system as follows.

In addition to extending the retirement age of executives, it is decided to review and enforce the wage peak system which is recently introduced by many enterprises in a way that reduces wages before retirement age.

(1) The duties and positions of executive officers shall be extended from January 1, 2010 to 65 years of age. (2) The duties and positions of executive officers shall be three years of age: 90% of the annual salary in comparison with the amount of the wage wage base base. 63 years of age (2 years of age): 80% of the annual salary in comparison with the amount of the wage wage base. 64 years of age (3 years of age): 70% of the amount of the annual salary in comparison with the amount of the wage wage base. 65 years of age (4 years of age): 60% of the amount of the wage base.

C. According to the above labor-management consultation, the “Rules on the Operation of the Wage peak System” of the instant company enacted on January 1, 2010 has the following provisions.

Article 1 (Purpose) The purpose of this Regulation is to prescribe detailed matters for the operation of the wage peak system.

Article 2 (Definitions of Terms) The definitions of terms used in this Regulation shall be as follows:

1. The term " wage peak system" means a wage system under which a person reaches a certain age to rearrange his/her duties and to reduce wages;

2. The term "wages-based annual salary" means the total annual salary applicable to the wage peak system during the period of one year immediately preceding the application of the wage peak system;

3. The term "total annual salary" means any amount, such as salary, bonus, retirement allowance, and various allowances;

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