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(영문) 대전지방법원천안지원 2016.09.23 2016가합100853
근로에관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. A credit union is a nonprofit corporation established for the purpose of contributing to the improvement of the welfare of its members and the balanced development of regional economy in accordance with the Credit Unions Act. A credit union federation (hereinafter “Credit Union Federation”) is a non-profit corporation established with the members of a credit union in order to promote common interests of the credit unions. The Defendant is a regional union that is a member of

B. The Plaintiff, as a student B, was employed in the Defendant from January 11, 1982.

C. On September 10, 2013, the National Human Rights Commission recommended the Federation to rectify the problem on the ground that setting the retirement age for employees of Grade 1, Grade 2, and Grade 3, and Grade 58, set the retirement age for employees at Grade 1, and Grade 2, and Grade 3, which are the standard personnel regulations established by the National Federation for Membership Associations (hereinafter “the National Federation’s standard personnel regulations”).

Accordingly, on December 23, 2015, the New Cooperatives Federation revised the standard personnel regulations of the National Federation to change the retirement age of all employees to the age of 60 regardless of their grades.

The retirement age of employees under Article 11-2 (Age Limit for Employees) after the amendment before and after the amendment shall be determined by the Cooperative within the following ages:

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

2. Personnel in general service (excluding management personnel), technical personnel, and employees: 55 years of age and the retirement age of employees under Article 16 shall be 60 years of age;

On July 27, 2016, the New Cooperatives Federation amended and implemented the Standard Operating Manual (hereinafter referred to as the “Standard Operating Manual of the Federation”) that provides standards for the business methods, etc. of member cooperatives as follows:

E. Meanwhile, the Defendant’s internal personnel regulations (hereinafter “Defendant’s personnel regulations”) stipulate the retirement age of his/her employees as follows. The Plaintiff’s retirement date under the said regulations is July 31, 2016.

Article 27 (Retirement Age) (1) The retirement age for each class of employees.

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