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| TITLE | Supreme Court Decision 2018Da275925 Decided June 1, 2023 【Confirmation of Invalidation of Dismissal】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Whether an employee who retires ipso facto due to the arrival of the retirement age specified in labor contracts, rules of employment, collective agreements, etc. has the right to ask for an extension of the retirement age (negative in principle) and where there exists a trust relationship where even if an employee has reached the retirement age, if he or she satisfies certain requirements, he or she may be reemployed as a fixed-term employee between the parties of labor contracts, whether the employee may have the expectation right to reemployment after his or her retirement (affirmative in principle) [2] In a case where after Stock Company A, spun off from Stock Company B, was established, Stock Company A has performed the protection and security work of a steel mill operated by Stock Company B; Party C, who had taken charge of guard business while working for Stock Company B, got disciplinary dismissal by Stock Company A while having been in charge of guard business of Stock Company B constantly after transferring to Stock Company A; however, a judgment that such disciplinary dismissal corresponds to unfair dismissal was rendered and then became final and conclusive; and Party C requested the payment of the amount of wages to be paid until the day when he or she turns the age of sixty by arguing that Stock Company A has been performing the reemployment system that enables retirees to work up to 60 years of age by reemploying them as fixed-term employees at the time of the disciplinary dismissal, and thus if Party C had not been dismissed by way of disciplinary punishment, he or she could have been employed continuously even after mandatory retirement according to the reemployment system, the case holding that when comprehensively taking into account overall circumstances, there was a trust relationship where even if an employee has reached the retirement age, he or she may be reemployed as a fixed-term employee between Stock Company A and its employees, and thus viewing that Party C has the expectation right to be reemployed as a fixed-term employee after his or her retirement is reasonable | |
