다가올 고령사회에서의 노동법적 과제

Abstract

Lower birth rate and longer average life span are driving our country to so called󰡐Aged Society󰡑step by step. In particular, Korea also becomes a country at the rapidest speed of the world in aging. Aged society involves many social and economic problems. However, we have actually insufficient social security system against this aged society and have lack of employment even for the aged. In addition, the aged of ours mostly have insufficient or even poor financial conditions. That is why the aged in low income class may critically result in one of social problems. Furthermore, the retirement of the aged employee from economic activities may lead to lower population participating into economic activities. This article describes the legal issues which arise in the aged society in Korea. It is difficult to sustain a seniority-based system which is based on age and years of consecutive service while granting "job security of aged workers". So, it should be a revision of the procedures for amending the rules of employment including the Article 97 of the Labor Standards Act in order to change the wage determining system for the merit-based system. The retirement system also should be improved gradually in the face of rapid population aging. In respect to the participation of aged people in the labor market, it can be considered to enact the Act on Prohibition of Age Discrimination.