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(영문) 서울고등법원 2013.01.25 2012나24165
임금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The defendant is an entrusted enforcement-type quasi-governmental institution under the Ministry of Labor, which is an institution established on March 18, 1982 and operates qualification examinations, workers' lifelong ability development support, overseas employment and foreign employment support programs by employing 1,100 full-time workers.

Plaintiff

A, as E, Plaintiff B, Plaintiff C, and Plaintiff D, as H students, worked as Class V in general service after serving as Grade V in general service.

The part concerning retirement age among the defendant's personnel regulations is as follows:

Article 35 (Ipso Facto Retirement) Where an employee falls under any of the following subparagraphs, he/she shall retire ex officio from office:

3. When he/she attains the retirement age, the retirement age by series of class and by class of employees shall be as follows:

(1) Omission of fractional notes

3. General service Grade III or lower: 57 years of age. (2) If the date on which an employee reaches the retirement age falls between January and June, he/she shall retire automatically on June 30, and if between July and December, on December 31, respectively;

On November 28, 2008, the Defendant entered into a collective agreement (hereinafter “instant collective agreement”) with the Human Resources Development Service of Korea (hereinafter “Trade”), and stipulated on November 28, 2008 the enforcement date of the instant collective agreement as the date of entry into force of the instant collective agreement, and the part on retirement age is as follows:

Article 2 (Priority of Convention) The standards provided for in this Convention shall take precedence over the Labor Standards Act, the Regulations and Rules of the Agency (Rules, Rules, and Individual Labor Contracts, and the part which falls short of the standards for the Convention shall be governed by the standards

Article 35 (Retirement Age) (1) The retirement age of employees shall be as follows:

1. 60 years of age for general service and research service;

2. However, the retirement age of employees below Grade III shall be extended in accordance with the transitional measures following the extension of the retirement age of public officials of Grade VI or lower:

(2) From July to December, 2009, where the date on which a member reaches the retirement age falls between January and June, he/she shall retire automatically from office on June 30, and where the date on which he/she reaches the retirement age falls between July and December, on December 31, respectively.

The Defendant Council of Directors of the Republic of Korea on May 18, 2009

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