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(영문) 대구지방법원 서부지원 2017.01.13 2016가합906
정년연장불가결정무효확인
Text

1. The plaintiff's action against the passenger branch of the Daegu Bus Workers' Union of the Republic of Korea.

Reasons

1. Basic facts

A. On October 25, 1997, the Plaintiff, born, was employed by Defendant New Passenger Co., Ltd. (hereinafter “Defendant New Passenger Co., Ltd.”) and served as an operator. The Plaintiff is a member of Defendant Korea Automobile Trade Union Daegu Passenger Branch (hereinafter “Defendant Union”).

B. Article 31 of the collective agreement between the Defendants in 2015 provides that “(i) the retirement age of a union member shall be the end of the month in which he/she reaches 58 years of age. (ii) In cases where a person who falls under the retirement age pursuant to paragraph (1) intends to extend the retirement age, he/she may apply for the extension of the retirement age to the company one month before the date falling under the retirement age. (iii) Whether an applicant for extension of the retirement age pursuant to paragraph (2) has extended the retirement age shall be determined through consultation with the labor-management council: Provided, That if the labor-management council does not decide, the representative of the workers’ member shall be determined

C. On July 31, 2016, the Plaintiff applied for the extension of the retirement age to the passengers of Defendant New Year on June 27, 2016 in accordance with the retirement age regulations of the multi-household collective agreement.

On July 22, 2016, Defendant New-gu passenger held a temporary labor-management council in accordance with the collective agreement to deliberate on the agenda for the extension of the Plaintiff’s retirement age, and decided not to accept the extension of the Plaintiff’s retirement age on the grounds that the representative of the workers on the part of the elderly whose number of opposition and opposition are equal to that of the Plaintiff’

Accordingly, on July 23, 2016, Defendant New LLC notified the Plaintiff that he would not accept the Plaintiff’s application for extension of retirement age at the labor-management council. D.

Meanwhile, from March 11, 2014 to August 25, 2016, Defendant New LLC accepted the application for extension of retirement age of 18 workers from March 11, 2014 to August 25, 2016.

However, on March 23, 2012, there is a decision to refuse the application for extension of the retirement age C at the labor-management council.

[Ground of recognition] Unsatisfy, A.

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