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| TITLE | Supreme Court Decision 2016Da249236 Decided March 9, 2017【Claim for Affirmation of Mandatory Retirement Age】 [full Text] |
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| Summary | |
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[1] Validity of a labor contract or collective agreement and the rules of employment that stipulate a worker’s mandatory retirement age below 60 years old (held: invalid upon breach of statutory condition) Standard for calculation of retirement age (held: actual date of birth) [2] In a case where: (a) Party A’s date of birth in the family register was indicated on the personnel records when becoming an employee of Party B (a public corporation); (b) Party A, upon having obtained a court’s approval to change his date of birth in the family register, requested Party B to revise his resident registration number and expected date of mandatory retirement indicated on the personnel records according to the changed date of birth; and (c) Party B subsequently denied such request by citing its personnel policy and regulations, i.e., “[t]he mandatory retirement date of an employee shall be calculated based on the date of birth indicated on a document submitted by the employee during the recruitment process which can verify his or her age,” the case holding that Party A’s retirement age shall be calculated based on the changed date of birth in the family register |
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