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(영문) 서울고등법원 2019.07.09 2018나2068705
임금
Text

1. Of the part against Plaintiffs C, D, E, F, G, and H in the first instance judgment, the following amount exceeds the amount ordered to be paid:

Reasons

1. The court's explanation of this case is identical to the part of the reasoning of the judgment of the first instance except for the case as set forth in the following paragraph (2) and thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the decision of the court of first instance, “the plaintiffs listed in the 1st citement Table of Attached 1,” respectively, shall be read as “Plaintiff C, D, E, F, G, and H,” and the “the plaintiffs listed in the 2nd 2nd 1st 2nd as “Plaintiff A, the co-Plaintiff B, and I of the first instance trial.”

The judgment of the court of first instance on the cause of the claim under the 5th table of the judgment of the court of first instance shall be dismissed as the "effective of the retirement age regulations of this case", and the 6th to 14th "in this case" shall be deleted.

The 7th through 12th of the judgment of the first instance shall be followed as follows.

According to the following circumstances, comprehensively taking account of the evidence as seen earlier and the purport of the entire pleadings, it is reasonable to deem that the retirement date of the Plaintiff 1 is the date of birth of the Plaintiff 1, who reached the age of 60, on which the Plaintiff 1 reaches 60.

① Since Article 19(1) of the Act on the Employment of the Aged, which stipulates that a local government-invested public corporation under Article 49 of the Local Public Enterprises Act, including the Defendant, shall be at least 60 years old, entered into force on January 1, 2016, the Defendant’s labor and management, to the extent that it does not conflict with the said provision after the enforcement of Article 19(1) of the Act on the Employment of the Aged, was able to autonomously set the reasonable retirement age standards, etc. for the employees of 1955 who were anticipated to be retired until December 31, 2015, pursuant to the former retirement age regulations, from 1955 to 195

② Accordingly, the Defendant’s labor and management shall gradually extend the retirement age, and the retirement age for the employees in 1955 shall be one year, one year and six months, and the retirement age for the employees in 1956 shall be two years, respectively. The employees who were born thereafter shall be retired at the end of December of the year in which they turn 60 years of age, and the retirement age for the employees in 1957 shall be from 58 to 60 years of age.

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