고령자 고용정책과 법적 과제

Abstract

The pending task of Korea's Elderly Employment Act is to match the retirement age and the age at which old-age pension payments begin. It is expected that similar debates to those in Japan will be repeated over the extension of the retirement age from 60 to 65. Therefore, in order to legally resolve the controversy surrounding the extension of the retirement age, ‘the retirement age must not be lower than the age at which the old-age pension payments begin, as stipulated in the National Pension Act’. We propose a plan to legislate the implementation of this. In addition, as in Japanese law, it seems reasonable to prepare a method of extending the retirement age through labor-management consultation depending on the circumstances of the company and workplace among the following options: ① raising the retirement age, ② continuous employment system, or ③ abolishing the retirement age. An important issue to consider in extending the retirement age or re-employment is the change in working conditions of workers whose retirement age has been extended or re-employed. As reviewed previously, in the case of extension of retirement age under the current law, it is determined that wage reduction constitutes age discrimination. However, there is no legal means to challenge the reasonableness of the wage reduction proposed by the employer during the re-employment process after retirement age. In the case of Japan, it is also interpreted as a reflex benefit that can be enjoyed based on the employer's employment security measures, and if the employer infringes on the legally protected benefit of continuous employment, they are liable for damages for the tort. However, the right is weak in that the illegal act must be proven ex post facto through litigation. If the retirement age is extended or a re-employment system is implemented by revising the Elderly Employment Act, it is expected that disputes related to changes in working conditions for older workers will increase significantly. Based on the implications of Japanese law, it is necessary to prepare a public system that can reasonably adjust or quickly provide relief for changes in working conditions when extending the retirement age or re-employment (specifically, a plan to establish a system for adjusting working conditions when extending the retirement age or re-employment at the National Labor Relations Commission).