고령자 고용관계법상 중견전문인력 정책의 법제도적 개선방안

Abstract

According to the "Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion", the Minister of Labor may designate a Job Center for the Aged Special Manpower (“Job Center for the Aged Special Manpower”) which provides vocational guidance, job placement, etc. for those who are retired aged persons and determined by the Ordinance of the Ministry of Labor (“the Aged Special Manpower”) in consideration of their career, etc. However, the performance of vocational guidance and job placement, etc. is very poor. Therefore, a study on the revision and improvement of related-employment law for the Aged Special Manpower is needed. This research is to establish the measures for the utilization(particularly, in small and medium-sized businesses) of the Aged Special Manpower who have the accumulated expertise, professional staff or management know-how, and who retired from a large company, etc. Firstly, this study proposed mitigation measures for range criteria of Aged Special Manpower which not meet the current labor market realities. Secondly, In addition, in case of small and medium-sized businesses hire Aged Special Manpower,new incentives such as support or subsidiary ets. have to be established on the Employment Insurance Act. Thirdly, the provision on Article 11-2 Paragraph 1 of "Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion"replace "those who are retired aged persons" with "the unemployed, the aged special manpower who wish to change and the unemployed-aged special manpower". This is to establish the measures for the utilization, in small and medium-sized businesses, of the aged special manpower prior to “separation” from labor market. Finally, the related-laws & policies for the aged special manpower have to establish identity as more being differentiated.