임금피크제와 연령차별금지법리간의 관계

Abstract

Employers must not discriminate against workers on the grounds of age. Korea has an Elderly Employment Act. Discrimination on the grounds of age is strictly prohibited under this law. The Elderly Employment Act is a mandatory regulation. South Korea's Supreme Court believed that age discrimination should be regulated very strictly. The wage peak system is a wage system that reduces wages based on age. As such, the wage peak system may violate the age discrimination prohibition provisions of the Elderly Employment Act. In Korea, the wage peak system was introduced for the purpose of extending or maintaining the employment of the elderly, re-employment, or creating jobs for young people. However, the wage peak system should not be a simple measure to cut wages. If the wage peak system falls under a wage cut measure, it falls under age discrimination. The important thing in discrimination is whether it is a discrimination with a rational reason. Workers subject to the wage peak system must not receive excessive wage cuts. South Korea's Supreme Court believes that wage cuts should be made on a reasonable scale. I also believe that the wage peak system should contribute to extending the retirement age. Furthermore, for workers subject to the wage peak system, it is necessary to adjust jobs, positions, working hours, etc. corresponding to the reduction in wages. Some point out that the recent Supreme Court ruling on the wage peak system will cause a lot of confusion in the labor field. But it's hard to agree. Regarding this Supreme Court ruling, the wage peak system itself should not be taken as a violation of age discrimination. On the other hand, it is difficult to interpret the expression that the retirement age maintenance wage peak system is invalid. This is because the wage peak system, which the Supreme Court viewed as age discrimination, is a wage peak system only in name, and is only a wage reduction measure based on age. In the modern sense, a job is no longer a burden and pain for sustenance. It is an essential element for human life. Employment of the elderly is undoubtedly a serious social task that will be faced in the era of low birth rate and aging population. The solution to the problem of sustainable employment of the elderly cannot be found in a simple government support policy. Employment of the elderly should be evaluated as attractive as it creates productivity for businesses as well as for society.