중고령자의 고용 확보와 연령차별 금지 법리

Abstract

Currently, the aging curve of productive population is sharpened while productive population decrease in Korea. Especially, this aging tendency is observed in the ratio of company manpower. For example, the average age in companies over 10 employees continuously increased to 37.5 in 2006 after it surged 30 in 1984 from 28.8 in 1980. This situation also predicts that generalized early retirement and layoff of mature aged employees will increase. After the economic crisis in 1997, the employment situation in Korea shows totally different aspects compared to the past situation because seniority based wage system promotes early retirement of employees who are paid highly while show low productivity. However, the existing law deals with 'employment creation' issues rather than 'employment retention' issues without serious consideration about these problems. While it goes without saying that there are limitations in direct legal involvement, other problems may occur when we neglect the situation. To solve these problems on the front, the revised bill promoting employment of the aged people law was officially announced in 21 Mar, 2008. In this amendment, the prohibition of age discrimination provision banned age discrimination without rational reasons in recruitment, selection, wage, other payment, benefits, training, disposition· transfer·promotion, and retirement·layoff. However, the recruitment·selection part of the provision is estimated to be implemented in Mar 2009 and other parts are estimated to be implemented in 2010 to reflect the situation that most Korean companies currently operate seniority based HR system and to alleviated impact of introduction of new HR system on labor market. Due to the introduction of prohibition of age discrimination, The Enterprises must change the wage system that automatically rises according as age regardless of individual's ability or result. In fact, the enterprise desires to the system that is based to more objective and reasonable standard such as performance, ability, and job value. But it is not easy to change the seniority-based wage system that already harden by traditional practice, and because the labor union oppose strongly even if enterprise wants, it is very difficult to change. Finally, It is very dangerous that the introduction of prohibition of age discrimination under seniority-based wage system is caused to serious chaos. The United States of America has no big difficulty in system introduction, because they have operating system of performance. But due to the seniority-based wage system, there is sticking point very much to solve in our country. Despite Japan that have operation system such as our country made a study about prohibition of age discrimination for a long time, he is hesitating introduction of system up to now. So, It is needed the deep study about the standard preparation of the prohibition provision. Specially, regarding seniority, retirement, discharge etc., it can happen continuously that the case of violating prohibition of age discrimination. There is meaning that the first attempt that tried to look for solution by case before introduction of prohibition of age discrimination.