[서울=뉴스핌] Reporter Kim Shin-young = If labor and management stipulated that the age at which the wage peak system applies to 56 years old through a collective agreement, the Supreme Court decided that it would be appropriate to consider the actual application period to be 55 years old.
The first division of the Supreme Court (Presiding Judge Oh Kyung-mi) announced on the 28th that Namyang Dairy Products reversed the original judgment and remanded the case to the Seoul High Court in the appeal against the Chairman of the Central Labor Relations Commission on collective agreement interpretation and retrial cancellation.
| Supreme Court [사진=뉴스핌 DB] |
Namyang Dairy Products and the workers’ union revised the collective agreement in 2014 and stipulated that ‘the working age is 60 years old, and the wage peak is applied from the age of 56, but based on the ordinary wage for one year of the previous year’.
The wage peak rate is 100% for 55 years old, 80% for 56 years old, 75% for 57 years old, 70% for 58 years old, 65% for 59 years old, and 60% for 60 years old.
Among union members, a controversy arose over whether the wage peak system started at the age of 55 or 56 over the phrase ‘Apply the wage peak from the age of 56’.
As a result, Namyang Dairy and the labor union requested the local Labor Relations Commission to present their views, and the Central Labor Relations Commission finally decided that the wage peak system should be considered to be applied from the age of 56.
Namyang Dairy said that the starting age of the wage peak system stipulated at the time of the collective agreement was ’56 of Korean age’ and filed a lawsuit against the decision of the middle and old age group.
The first trial said, “Even though there is no indication of ‘ten’ in the provisions of the collective agreement, it is difficult to determine which interpretation is correct based on the principle of calculating age under the Civil Act or the general method of writing the law based on the content of the wording alone. held the hand of
On the other hand, the second trial said, “Even if ‘ten’ is not indicated in the Civil Act and Labor Standards Act, age means ‘ten’s age’. Considering the points, ‘from the age of 56’ can be regarded as ‘at the age of 56’,” and ruled against the plaintiff.
However, the Supreme Court reversed the decision again.
The Supreme Court said, “As the controversy over the interpretation of the regulations has not subsided between the management and the union, the 2017 agreement stipulated that the wage peak will be applied from the age of 55. It is reasonable to interpret this as a regulation that enforces the wage peak system for a total of five years in accordance with the sequential extension of the retirement age of workers from 55 to 60,” he said.
“It cannot be said that it is a case of transforming and interpreting the provisions of the collective agreement unfavorably to workers just because the age at which the wage peak system is applied is considered as the age of 55,” he said. judged that
sykim@newspim.com
