고령사회에서 정년유지형 임금피크제 효력의 판단기준에 관한 소고: 대법원 2022. 5. 26. 선고 2017다292343 판결 중심으로

Abstract

· Research topics: Analysis of a Supreme Court precedent that provided judgement criteria for the reasonable grounds of age discrimination in cases where reduced wages were paid under the wage peak system with retirement ages kept at the same level, potentially violating the Elderly Employment Act. · Research background: The necessity of expanding employment opportunities and introducing a peak-wage system to address the job and poverty issues of the elderly is raised. · Differences from prior research: Examination of a Supreme Court precedent that first established judgement criteria for the reasonable grounds of age discrimination and Article 4-4(1) of the Elderly Employment Act is an imperative provision in a case where a worker, having received reduced wages under the peak-wage system, claimed age discrimination. · Research method: Analysis of the precedent that established judgement criteria for reasonable grounds of age discrimination in the peak-wage system, clarifying the legal review and practical issues raised by the new judgement criteria proposed by the Supreme Court in the process. · Research results: In implementing the peak-wage system, the validity of related measures must be judged by comprehensively considering the validity of the purpose behind the peak-wage system, the extent of the disadvantages suffered by the targeted employees, the presence and appropriateness of measures against wage reduction, and whether the reduced funds were used for the original purpose of the peak-wage system. · Contribution points and expected effects: By analyzing the Supreme Court decision that first provided judgement criteria for reasonable grounds of age discrimination in the peak-wage system, the study holds significance in providing fundamental data necessary for resolving industrial conflicts and ensuring a stable elderly life for workers.