[Plaintiff, Appellant] Plaintiff (Attorney Choi Bong-gi, Counsel for the Plaintiff)
[Defendant, Appellee] National Federation of Motor Transport Workers' Unions (Attorneys of Samhan Law Firm, Kim Kwang-nyeon, Counsel for the Defendant)
[Judgment Below] Seoul District Court Decision 2002Na16742, decided October 24, 2002
[Order]
The part of the judgment below against the Plaintiff is reversed, and this part of the case is remanded to a panel of the Seoul District Court.
[Reasoning] The grounds of appeal (including the supplementary brief submitted after the expiration of the period for submitting the grounds of appeal, to the extent it supplements the grounds of appeal) are examined as follows.
1. As to the point of misapprehension of facts
A. According to the reasoning of the judgment below, under the Defendant's Administrative Regulations (처무규정), the date of an employee's mandatory retirement is set as "the last day of the year in which the employee reaches the completion of the age of 61," and therefore, the Plaintiff, who was born on March 26, 1937, should have had a mandatory retirement date of December 31, 1999; however, the Defendant interpreted the above provision as meaning "the last day of the year in which the employee reaches the age of 61" and thereby caused the Plaintiff to retire as of December 31, 1998, which the Plaintiff argued was unlawful. Regarding this argument, the court below, upon comprehensive consideration of the evidence adopted, found the following: that under the Defendant's Charter (규약), there exist the Delegates' Assembly as the highest decision-making body and the Central Committee composed of no more than 65 members elected at the Delegates' Assembly, and that the authority to deliberate and resolve upon matters concerning the enactment and amendment of the Defendant's various regulations lies with the Central Committee; that originally, the Defendant's Administrative Regulations provided in Article 66, Item 2 that "the mandatory retirement age of employees shall be 61 years. The date of expiration of mandatory retirement shall be the last day of the relevant month"; that the Administrative Regulations as amended on October 21, 1992 (hereinafter "the Administrative Regulations at issue") provide in Article 26, Item 2 that "the mandatory retirement age of employees shall be 61 years. The date of expiration of mandatory retirement shall be the last day of the year in which the age of 61 is completed" (hereinafter "the retirement age provision at issue"); that at the 105th Central Committee meeting and the 75th Central Executive Committee meeting of the Defendant held on October 21, 1992, an amendment bill regarding the retirement age provision of the Administrative Regulations was proposed on the grounds that, since under the Administrative Regulations the mandatory retirement date fell on the last day of the month in which an employee turned 61, employees would be forced to retire immediately after their 61st birthday, thereby imposing a burden on retiring employees, and that the content of the amendment was to extend the mandatory retirement date to "the last day of the year in which the employee reaches the age of 61"; that all attendees unanimously resolved to amend the retirement age provision in accordance with the above amendment bill; that the Plaintiff, who was then the Director of Policy Planning of the Defendant, attended the above meeting; and that the Defendant notified the Plaintiff that, pursuant to Article 26, Paragraph 2 of the Administrative Regulations at issue, the Plaintiff's mandatory retirement date was December 31, 1998. Based on these findings, the court below determined that it was reasonable to view that, contrary to its literal wording, the retirement age provision at issue had been deliberated and resolved upon by the Central Committee at the time of the amendment as meaning "the last day of the year in which the employee reaches the age of 61," and on that premise, rejected the Plaintiff's above argument.
B. However, the court below's factual finding — that the content of the amendment bill proposed at the time the Defendant's 105th Central Committee amended the retirement age provision was to extend the employee's mandatory retirement date to "the last day of the year in which the employee reaches the age of 61" — and its determination based thereon, are difficult to readily accept in light of the following points.
(1) According to the record, the Defendant is a nationwide federation of labor unions composed of workers and labor unions engaged in the motor transport business, motor manufacturing business, automobile repair and construction heavy equipment business, and related ancillary businesses throughout the country; at the aforementioned 105th Central Committee meeting held on October 21, 1992, 49 out of 64 Central Committee members attended and resolved to amend the previous retirement age provision in accordance with the proposed amendment bill; the amendment bill for the retirement age provision proposed at that time set the mandatory retirement date as "the last day of the year in which the age of 61 is completed," and none of the 49 attendees raised any question or objection regarding the wording of the amendment bill at that time. It can also be seen from the record that thereafter, when the Plaintiff retired on December 31, 1998, and protested that the mandatory retirement date under the retirement age provision at issue should be December 31, 1999, the Defendant convened a Central Committee meeting on May 14, 1999, and, under the pretext of "clarifying wording that was subject to misunderstanding in interpretation," amended the portion of the retirement age provision at issue concerning the mandatory retirement date to read "the last day of the year in which the employee reaches the age of 61." Given these circumstances, it would be an extremely unusual occurrence for all of the members attending the Central Committee meeting of the Defendant, a federation of labor unions, in deliberating upon the amendment bill for the retirement age provision, to have all misunderstood the phrase "the last day of the year in which the age of 61 is completed," as set forth in the proposed amendment bill, as meaning "the last day of the year in which the employee reaches the age of 61," a phrase with a clearly different objective meaning, and to have amended the retirement age provision based on that misunderstanding, resulting in the retirement age provision at issue being worded as set forth above, and thereafter to have left the retirement age provision at issue unchanged for several years (according to the record, it can be seen that, since the enforcement of the retirement age provision at issue, all five employees of the Defendant, other than the Plaintiff, who reached mandatory retirement age retired as of "the last day of the year in which they reached the age of 61"; however, this circumstance alone cannot be deemed conclusive proof that the retirement age provision at issue was amended to mean "the last day of the year in which the employee reaches the age of 61," rather than in accordance with its objective meaning).
(2) Upon examining, in light of the record, the evidence relied upon by the court below, it is difficult to readily accept the credibility of the statements in Defendant's Exhibits 6 and 7 and the testimony of Witness Nonparty 1 at the first instance trial, to the effect that "the amendment bill was drafted with the intent, at the time, of extending the employee's mandatory retirement date to 'the last day of the year in which the employee reaches the age of 61,' and was submitted to the Central Committee, and the Central Committee also passed the said amendment bill with that intent," since these are documents prepared by, or testimony given by, Nonparty 2 and Nonparty 1, who are employees of the Defendant, in light of their relationship with the Defendant. Furthermore, the testimony of Witness Nonparty 3 at the court below, who was then the Chairman of the Defendant and presided as the chair of the 105th Central Committee meeting, is likewise to the effect that "although the amendment bill for the retirement age provision submitted to the Central Committee at the time stated the mandatory retirement date as 'the last day of the year in which the age of 61 is completed,' the intent of the amendment — namely, to change the mandatory retirement date from the last day of the month in which the employee's 61st birthday fell to the last day of that year — was fully explained to the attending members, and all attending members approved thereof." However, as noted above, given that the number of Central Committee members in attendance at that time was 49, it is difficult to readily believe that all of them misunderstood the meaning of "the last day of the year in which the age of 61 is completed" as meaning "the last day of the year in which the employee's 61st birthday falls," a meaning clearly different from its objective meaning, and that none of them raised any objection thereto, thereby maintaining the wording of the amendment bill as it was, resulting in the provision being enacted as the retirement age provision at issue.
(3) Since rules of employment have the character of legal norms governing collective legal relationships between labor and management, an interpretation disregarding the objective meaning of the wording thereof, or a factual finding leading to such interpretation, should be made cautiously and strictly unless there is clear evidence to support it. Nevertheless, the court below found the facts as stated in its reasoning based on the aforementioned evidence and, on that basis, rejected the Plaintiff's above argument; therefore, such measure taken by the court below constitutes an error of misapprehending the facts in violation of the rules of evidence, as pointed out in the grounds of appeal.
The part of the grounds of appeal pointing out this matter is well-founded.
2. As to the point of misapprehension of the legal doctrine concerning the progressive severance pay provision
According to the record, the Defendant, on May 21, 1996, amended the severance pay provision of the Wage Regulations, providing in Article 29, Paragraph 2 that "for continuous service of two years or more, a progressively accumulated pro-rata average wage of 15 days per each year of service shall be paid. Provided, however, that the effective date shall be January 1, 1997," thereby raising the severance pay rate from the previous level. It can be seen that the original amendment bill did not contain the above proviso, but that the said proviso was added during the deliberation process of the amendment bill in order to make clear that the amended provision would not be applied retroactively; and that thereafter, in calculating the severance pay of retiring employees, the Defendant applied the pre-amendment severance pay rate to periods of service prior to January 1, 1997, and the amended severance pay rate to periods of service on and after January 1, 1997. Given these circumstances, it is reasonable to interpret the above proviso as meaning that the severance pay rate under the amended severance pay provision applies only to periods of continuous service on and after January 1, 1997; accordingly, the Plaintiff's grounds of appeal on this point, which are premised on the assumption that the amended severance pay provision also applies to periods of continuous service prior to January 1, 1997, are without merit, without need for further examination (accordingly, the basis for the court below's calculation of severance pay is erroneous; however, since there is only one cause of action for a severance pay claim, the Plaintiff's severance pay claim in this case, including the amount awarded by the court below, cannot be awarded in an amount exceeding the amount of additional severance pay resulting from the one-year extension of the period of continuous service, in accordance with the determination on the retirement age provision set forth above).
3. Conclusion
Accordingly, without examining the remaining grounds of appeal, the part of the judgment below against the Plaintiff is reversed, and this part of the case is remanded to the court below for further examination and determination. This judgment is rendered by the unanimous opinion of the participating Justices as set forth in the Order.
Justice Kang Shin-wook (Presiding Justice), Byun Jae-seung (Justice in charge), Yoon Jae-sik, Ko Hyun-cheol